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She represents the ‘worst of the worst.’ Now Judy Clarke is leading the defense in Pittsburgh synagogue massacre trial.
PITTSBURGH (Pittsburgh Jewish Chronicle via JTA) — When Judy Clarke delivered her opening statement to the jury that will determine the fate of the man charged with committing the massacre in the Tree of Life synagogue building, she did not deny that her client was responsible.
In fact, she sympathized with the victims and their families.
Clarke, 71, began her address by acknowledging the horror of Oct. 27, 2018, and its aftermath.
“The tragedy that brings us together today,” she said in a soft-spoken yet confident voice, is “almost incomprehensible. It’s inexcusable. … Eleven lives were taken, others shattered. The loss that occurred is immeasurable.”
She told the jury there was “no disagreement, no doubt” about the identity of the perpetrator. It was “the man seated at that table,” she said, indicating her client. “He shot every person he saw and, in the process, injured others in their sacred spaces.”
Clarke was appointed to Robert Bowers’ defense team in December 2018, after he requested the counsel of a federal public defender specializing in death penalty cases. He faces 63 criminal counts related to his attack on congregations Dor Hadash, New Light and Tree of Life*Or L’Simcha. Many of the charges carry the death penalty.
Support JTA’s partnership with the Pittsburgh Jewish Chronicle throughout this trial.
As the trial proceeds, Clarke won’t try to convince the jury her client isn’t guilty. A “win” for her defense team will be for the defendant to avoid a death sentence and instead have him remain in prison for the rest of his life.
Clarke has vast experience defending those whom some call “the worst of the worst.” Her roster of past clients includes Susan Smith, who murdered her two young sons by drowning them in a lake in South Carolina; Theodore Kaczynski, otherwise known as the Unabomber; Buford Furrow, a white supremacist who opened fire in a Jewish community center outside of Los Angeles in 1999; Eric Rudolph, who planted a bomb in Centennial Olympic Park in Atlanta during the 1996 Summer Olympics; and Dzhokhar Tsarnaev, a perpetrator of the Boston Marathon bombing.
Except for Tsarnaev — whose case is under appeal — Clarke succeeded in avoiding a death sentence for all her clients, either by negotiating a plea deal or by convincing the jury that mitigating factors, such as a mental illness, precluded imposition of the ultimate punishment.
Clarke’s team tried to negotiate a deal for a life sentence for Bowers in exchange for a guilty plea but was unsuccessful. Four and a half years after the deadliest antisemitic attack in U.S. history, the three-week jury selection process commenced on April 24 and testimony began on May 30.
“This is not a straightforward murder case,” Clarke told the jury in her opening statement. The federal charges — which include obstruction of free exercise of religious beliefs resulting in death — must be proved by showing the defendant had the requisite intent to commit those particular crimes, she said.
She acknowledged that her client’s actions on Oct. 27, 2018, were “reprehensible” and “misguided” and recounted his virulent social media postings and other rantings about Jews. But she also portrayed him as “quiet” and “socially awkward, a man with few friends.” He didn’t live on his own until he was 44, she said, and his family saw him as someone “more likely to commit suicide than kill others.”
It’s clear that Clarke is appalled by her client’s actions. It’s also clear that she is determined to see that his rights are protected and that the judge and the jury faithfully apply the rule of law.
“Judy is one of the best lawyers I’ve ever known,” said Laurie Levenson, a professor at Loyola Law School in Los Angles and a former federal prosecutor. “She works insanely hard. She spends the time with the clients that she needs to. She doesn’t believe in the death penalty, and she’s devoted herself to representing people who are, you know — ‘the Voyage of the Damned’ is what she would say.”
Levenson, who has known Clarke for three decades, described her as “honest” and “very humble.”
“She doesn’t stand against the victims,” Levenson stressed. “I think she actually feels very much for the tragedy that occurred. But she has a job to do, which is to try to save her client’s life. And she does it with integrity.”
The two met during the Unabomber case, when Clarke was representing Kaczynski and Levenson was a legal commentator for CBS. Kaczynski at first resisted a plea deal sentencing him to life in prison because he did not want to admit to mental health issues.
Defense attorney Judy Clarke, at right, responds to questions at a press conference after the trial of Unabomber suspect Theodore Kaczynski was delayed in Sacramento, California, Jan. 8, 1998.(Rich Pedroncelli/AFP via Getty Images)
“She had a very difficult client, one that I think a lot of people would just sort of throw up their hands and say, ‘What can I do?’” Levenson recalled. “And she was able to get him to agree to that plea, which probably saved his life.”
Ted Kaczynski’s brother, David Kaczynski, praised Clarke for her ability to see humanity, even in those who have committed unspeakable atrocities.
“She has a really good heart, a really good intention,” David Kaczynski said. “I think she really cares about her clients. I think she has a kind of unconditional commitment to their humanity. And, of course, that meant a lot to me, because as much as I deplore what my brother did in harming people, I love him. He’s my brother.”
“So it’s a very fine line to walk, representing the client who has clearly got some serious personal problem,” he continued. “Ted was quite a loner. He was very shy. He had a very difficult time connecting with anybody. And in this very difficult situation, Judy was able to be there for him, and I think that was really meaningful for Ted, that he had some support, some human connection at this time of crisis in his life.”
David Kaczynski has followed Clarke’s career and continues to be impressed with her “professionalism and sense of humility.”
“I think the legal profession is trained to be strictly analytical and adversarial,” he said. “And she somehow works within this environment in a way that preserves her humanity as she’s trying to make people aware of the humanity of someone whose very right to exist is in question.”
Some question whether a person who has committed a heinous crime deserves a zealous defense. Levenson insists they do.
Our judicial system is “best served” when capital defendants are provided with a high-caliber defense, Levenson said, because “it’s in these situations where people are so emotionally invested that we can get it wrong.”
In addition to being a former prosecutor, Levenson created the Loyola Project for the Innocent, which works to get those who are serving sentences for crimes they did not commit out of prison.
Defense attorney Judy Clarke, seen here in Pittsburgh in 2023, is representing the man accused of murdering 11 Jews during Shabbat services in Pittsburgh in 2018. (Screenshot from KDKA report)
“I’ve seen firsthand that there are far too many lawyers who just immediately assume that their client’s not only guilty but should get the most severe punishment — that there’s nothing to be said on their client’s behalf,” Levenson said. “And you and I both know there’s a lot more to any given case, and that even people who do terrible crimes have other aspects of their lives that the justice system should consider.”
“In our system, we are supposed to consider each case, each individual, the facts, and not only determine whether someone’s guilty but what should happen to them,” she continued. “And that works well. When you have a lawyer who’s just going through the motions — and the one thing you can say about Judy is she doesn’t just go through the motions — I think the public can have more confidence in the verdict. As long as that lawyer is acting honestly and with integrity, it’s so much better to have that zealous advocate.”
The massacre at the Tree of Life building “was just a terrible, terrible, terrible tragedy,” said Levenson, who is Jewish. Clarke “will do her best to keep the case in perspective. In other words, focus not on big messages, but on this individual and any mitigating factors for this individual.”
Jon B. Gould, dean of the School of Social Ecology at the University of California-Irvine, has researched attorneys who specialize in death penalty cases. In 2019, along with Maya Pagni Barak, he published “Capital Defense: Inside the Lives of America’s Death Penalty Lawyers,” a book based on extensive interviews, providing insight into the reasons someone would willingly represent a person who has committed an egregious crime.
“They are an unusual kind of lawyer,” Gould said. “They’re actually an unusual kind of person because for many of these cases, they are representing what is sometimes said to be ‘the worst of the worst.’”
There are a variety of motivating factors for capital defense work, Gould said. Some of these lawyers are strongly opposed to state-sanctioned killing. For others, he said, “it is the excitement of the most complicated kind of law.”
Other death penalty specialists take the cases for “professional prestige,” and some do it for the money because capital defense lawyers get paid more than regular defense lawyers, Gould said. Some take the cases for religious reasons.
“Now, that’s all in the larger context of none of these lawyers looks at the facts of the case and thinks it’s anything other than a horrific tragedy,” Gould stressed. “I also found that for many of them, they are entirely sympathetic to the family members of the victims. They don’t look at these cases and think, no big deal. They look at these cases and think that’s something horrible that happened to the victim’s family, but they also look at the defendant and think, as one of them said to me, ‘No one gets to this place of being the defendant without having something horrible having happened to them earlier in life.’”
Death penalty cases are “really, really, really hard on defense lawyers,” Gould added. “It’s really distressing work. The evidence that they have to pore through is horrific. Many of them have PTSD.”
While many people “look at defense lawyers and think there must be something wrong with them,” Gould said it’s essential to remember “that they are fulfilling a very important function in the criminal justice system that none of us would ever want to have to do.”
“That doesn’t mean that any of us is unsympathetic to the victims,” he emphasized. “No one deserves what’s happened in any of these cases. But if we do believe in the rule of law, then there needs to be capital defense lawyers. And we need to respect the work they’re doing because that’s what it means to live in a system of rule of law and not simply a system where we simply execute people in the town square without the opportunity to have a defense.”
This story is part of ongoing coverage of the Pittsburgh synagogue shooting trial by the Pittsburgh Jewish Chronicle and the Pittsburgh Union Progress in a collaboration supported by funding from the Pittsburgh Media Partnership. It is reprinted with permission.
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This Toronto street corner has been a site of anti-Zionist activism for months. Police just opened a hate crime investigation.
The Toronto Police Service hate crimes unit is investigating teacher Abbas Hamze for remarks about “Zionists.” Canadian Jewish groups, including the Jewish Federations of Canada’s advocacy arm and B’nai Brith Canada, have called his speech, which went viral online, “blatant antisemitism.”
Hamze’s remarks invoked antisemitic tropes, accusing “Zionists” of performing “black magic” as well as raping and killing children. He spoke at the intersection of Bathurst and Sheppard, in the heavily Jewish Toronto neighborhood of Bathurst Manor – Clanton Park.
According to his LinkedIn, Hamze works as an instructor at several Canadian colleges in the area, including the University of Niagara Falls and Georgian College. He does not specify what he teaches.
Hamze could not be reached for comment. The University of Niagara Falls and Georgian College did not respond to requests to comment, and the Toronto Police declined a request for comment.
UNF issued a statement addressing Hamze’s remarks, distancing the university from the instructor’s statements and stating that they have “zero tolerance for discrimination, hate, harassment, or any conduct that threatens the dignity and well-being of others.” They announced that they are “launching an internal investigation” into the matter.
In his speech, Hamze claimed that “British colonizers have planted this cancerous, false Zionist state of Israel … right in the heart of Islam.”
Later — wearing a keffiyeh and reading from his phone into a megaphone emblazoned with the Lebanese flag — the instructor repeated numerous antisemitic conspiracy theories, including the debunked idea that Jews have caused or deserved centuries of persecution.
“The Zionists have never had a country of their own because of their mischief,” Hamze said. “They are the most kicked-out people in the world who are making black magic and horrible things.”
He went on to say that Jewish corruption is “crystal clear in Epstein Island where they have the Jewish leaders from all around the world.” He accused “Zionists” of having “raped, and killed, and ate children at the same time.”
Finally, he unfoundedly blamed the actions of President Donald Trump on “Zionists” who “blackmail” and “control” people.
“That’s why you can see now a guy like Trump who caused this genocide in Gaza kidnaps the presidents of Venezuala, kills the supreme leader of Iran Imam Ali Khamenei, may God sanctify his soul,” he said. “This is because of them, the terrorist Zionists.”
It appears that people became aware of Hamze’s remarks after Casey Babb, an Israel and International Relations scholar, posted a video of him on X.
In a joint statement, Canadian Jewish groups described Hamze’s claims as “antisemitic blood libels that have been used for centuries to justify hatred and violence against Jews.”
The statement says that the intersection where Hamze spoke, Bathurst and Sheppard, has long been a site of “antisemitic harassment, intimidation and provocation, too often under the guise of anti-Zionism,” and called on Toronto’s police department to investigate the incident.
“Allowing this behaviour to go unchecked is to normalize antisemitism as an everyday feature of life in this city,” it stated.
The city’s police have opened an investigation. However, online, some said that Hamze had been speaking at the street corner for months without police intervention.
In Canada, public incitement of hatred is considered a criminal offense. The Canadian criminal code says that “communicating statements in any public place” that “incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace” is a breach of law, resulting in up to two years in prison.
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West Elm’s Russ & Daughters merch did something their in-house line could never
Figuring out one’s Judaica vibe can be a challenging endeavor for those of us who don’t have tastes in line with the colorful stained glass or embossed silver aesthetics that tend to dominate the category. Newer designers have introduced some minimalist options, but that’s also not really for me.
But for those of us with a tendency toward the whimsical or kitsch, furniture retailer West Elm is coming to the rescue with two new collections, geared toward the High Holidays and Hanukkah.
There’s a Russ & Daughters collaboration of blue-and-white ceramics, featuring serving platters with handpainted designs such as a fish or latkes, trinket trays with pickles and more fish, simple Delft-colored dinnerware and napkins with little cutlery printed in the corners.
And, separately, in an apparent attempt to capitalize on the Jewish market, West Elm also released a set of their own plates, bowls and tea towels printed with colorful “deli favorites” — pickles, brisket, hamentaschen, black-and-white cookies, and the like.
The concepts are pretty similar; both lean into the idea of decorating plates with food objects that may or may not be the food you actually put on them.
I do admittedly already have a large blue-and-white platter with a fish painted on it that I find charmingly eclectic, and just as suitable for serving foods that are not of the oceanic persuasion as it is for foods that are indeed from the briny deep. So I’m not inherently opposed to the concept. But I don’t feel as good about the in-house West Elm Jewish designs, like a bowl with a sort of mushy depiction of matzo balls at the bottom. Imagine eating anything else out of that. Honestly, imagine eating matzo ball soup out of it. It seems disorienting.
Everyone’s tastes vary, and if you want to eat a salad off of a plate with a colorful brisket sandwich painted on it, be my guest. But I think the Russ & Daughters offering is the better of the options. For the most part, the collection stays on the artful side of kitsch largely thanks to the simplicity of the designs and the color scheme. And, more importantly, the internal logic seems actually Jewish. The pieces are useful — perhaps with the exception of the latke platter — for multiple Jewish occasions. The matchbox with a challah on it may feel a bit random at first glance but it does conjure an image of lighting candles on Shabbat, and there are matching candle holders. The art kind of evokes Marc Chagall.
The West Elm deli hits sets on the other hand — which are separate from their collab with the iconic Lower East Side deli — feel as though they’re screaming their Jewishness. The tea towel mixes together hamentaschen and sufganiyot (or possibly a bagel, it’s hard to tell) on the same piece of cloth, despite the fact that these desserts correspond to different holidays. The drawings are cute, but the overall effect is frantic, like someone dumped every Jewish food they could name onto the same page and sent it off to the printers. It’s giving Target Rosh Hashanah decorations — the sort that have a menorah alongside the apples and honey.
A few years ago, Crate and Barrel had Jewish lifestyle influencer Rebecca Lowin curate a Hanukkah display, but it was done using items the store already carried in white, blue and silver; only the menorah was specifically Jewish. Now, a similar home decor store is creating entire lines catering specifically to Jewish holidays and culture. That’s a sign of an increased mainstream embrace of Jewish culture, and that’s a good thing — it wasn’t so long ago that it wasn’t possible to find much public recognition of the existence of the High Holidays, and every attempt featured a hanukkiah with the wrong number of branches or a loaf of challah for Passover. Today, if Jews want twee merchandise — and no judgment — there’s plenty. There are even Hanukkah gnomes, if your taste runs to that.
But there’s still a dearth of decor that feels elegant and thoughtful, instead of try-hard. Decor that feels actually rooted in Jewishness, instead of like a Jewish gloss on something that’s really for another holiday. The Russ and Daughters collaboration is rooted in actual Jewish history. Even if you don’t like a fish motif as much as me, that’s a step in the right direction.
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Sephardic and Mizrahi groups accuse New York Magazine of erasing Middle Eastern Jews. The editor-in-chief agreed to a meeting.
As editors of New York Magazine dug in their heels this week, defending the magazine’s viral “Habibi City” package published earlier this month, 14 Sephardic and Mizrahi Jewish organizations delivered an open letter on Monday night, accusing the magazine of erasing Middle Eastern Jews from its coverage.
On Tuesday, Editor-in-chief David Haskell invited them to meet in September, saying he wants the magazine’s coverage to reflect the multitude of perspectives in the region.
In addition to asking for a meeting, co-signers of the letter, convened by JIMENA (Jews Indigenous to the Middle East and North Africa), asked the magazine to acknowledge what they call the package’s exclusionary framing and provide more representative coverage of Sephardic and Mizrahi Jews going forward.
The dispute centers on the magazine’s August issue about the city’s burgeoning Southwest Asian and North African cultural scene known as SWANA. The package explores restaurants, cafes, cultural collectives and dance parties, tracing much of their growth to the war in Gaza that followed theHamas-led attacks on Israel on Oct. 7, 2023.
“Out of that resistance,” the magazine writes, “a cultural ecosystem started to bloom.”
This week, the magazine published a statement standing by its use of the term genocide to describe Israel’s actions in Gaza, adding that “accusations of antisemitic intent were in fact obfuscating an overwhelming scholarly consensus, and that its use would be allowed in our pages.”
The open letter did not address the use of that term. Instead, it addressed the article’s framing.
The package describes membership in SWANA community in political terms.
“To be in SWANA community,” one article says, means “embracing a set of shared beliefs: that Palestinians deserve human rights. That what happened in Gaza in the aftermath of October 7 constitutes a genocide. That social justice and social welfare override capitalist concerns.”
The same article describes the place of Israelis within SWANA culture as “complicated,” in part because of the term’s “political framework.”
It also says SWANA New Yorkers “face xenophobia, Islamophobia and Zionism” in the city — language that drew particular ire from the coalition and online critics.
According to the letter, New York Magazine’s framing turns SWANA from a geographic and cultural identity into an ideological one, excluding many of New York’s Jews from the Middle East and North Africa unless they reject Israel — the country where many of their families found refuge after fleeing persecution and discrimination elsewhere in the region.
“A Mizrahi Jew whose grandparents were born in the region, expelled from their country of origin, and who carries the region in her language, liturgy, and kitchen belongs only upon disavowal of the movement through which her family survived,” the letter reads.
As the letter puts it, for a great majority of Sephardic and Mizrahi Jews to be represented “as we actually are” means representing them as Zionists.
The letter also faults the package for invoking Oct. 7 repeatedly without acknowledging the atrocities committed that day and erasing the region’s non-Muslim populations.
“When we read ‘Habibi City,’ we immediately saw that this wasn’t something one organization should answer alone,” Sarah Levin, JIMENA’s executive director told the Forward. “The feature made claims about who belongs in contemporary Middle Eastern and North African and ‘SWANA’ communities in NYC, so the response needed to come from the breadth of the communities being written out.”
After she read the package, she began contacting other Sephardic and Mizrahi organizations about writing an open letter. Within four days, all 14 organizations had signed on.
“Iranian, Iraqi, Syrian, North African and Sephardic communal organizations almost never act in concert, and they’ve united around one argument,” Levin said.
Signatories include the American Sephardi Federation, the Iranian American Jewish Federation of New York and the Jewish Community Relations Council of New York.
Levin said the groups had little difficulty reaching consensus. “When the argument is, ‘We exist, and we will not be defined out of our own region,’ there isn’t much for our communities to debate.”
What concerned Levin most, she said, was the size of New York Magazine‘s audience and cultural reach. The Pulitzer Prize-winning bi-weekly magazine boasts reaching 1.8 million readers each week.
“When a magazine that shapes American culture tells millions of readers that belonging to the Middle East requires renouncing Zionism, that is not a small thing,” Levin said. “That is why we responded the way we did.”
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