Uncategorized
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.
—
The post She represents the ‘worst of the worst.’ Now Judy Clarke is leading the defense in Pittsburgh synagogue massacre trial. appeared first on Jewish Telegraphic Agency.
Uncategorized
Tidbits: New German textbooks about the Jewish religion
Tidbits is a Forverts feature of easy news briefs in Yiddish that you can listen to or read, or both! If you read the article and don’t know a word, just click on it and the translation appears. Listen to the report here:
צום ערשטן מאָל זינט דעם חורבן האָבן די דײַטשישע עפֿנטלעכע שולן באַקומען לערנביכער געווידמעט דער ייִדישער רעליגיע, כּדי די לערערס זאָלן קענען זיי ניצן ווי אַ טייל פֿונעם קוריקולום.
די סעריע פֿון אַכט בענד, „דעת הדורות“ (דאָס וויסן פֿון די דורות), וועט לערנען תּלמידים צווישן 10 און 16 יאָר אַלט אויף דײַטש וועגן דער תּורה, דעם תּנך, די תּפֿילות, ייִדישער עטיק, הלכה, יום־טובֿים, דעם ייִדישן לעבנס־ציקל און דער ייִדישער געשיכטע.
דער ערשטער באַנד, וואָס קאָנצענטרירט זיך אויף דער תּורה, וועט מען אָנהייבן ניצן אינעם נײַעם שוליאָר.
די ביכער, וואָס זענען צונויפֿגעשטעלט געוואָרן דורכן „צענטראַל-ראַט פֿון די ייִדן אין דײַטשלאַנד“ בשותּפֿות מיטן „ערנסט קלעט פֿאַרלאַג“, ווערן געצילעוועט סײַ אויף פּריוואַטע ייִדישע שולן סײַ אויף מלוכישע שולן איבער גאַנץ דײַטשלאַנד.
דער ציל איז צו באַקענען די תּלמידים מיט דער ייִדישער רעליגיע און טראַדיציעס אין אַ צײַט וואָס עס וואַקסט דער אַנטיסעמיטיזם איבערן לאַנד.
ביז איצט האָבן די לערער פֿון רעליגיעזע ייִדישע לימודים נישט געהאַט קיין מאָדערנע לערנביכער וועגן יהדות אין הסכּם מיטן קוריקולום, אַזוי ווי ס׳האָבן געהאַט די לערער פֿון קריסטלעכע רעליגיעזע לימודים. צוליב דעם בלויז האָבן די לערער פֿון דער ייִדישער רעליגיע געמוזט אַליין צונויפֿשטעלן אַרבעט־בויגנס און אַנדערע מאַטעריאַלן, וואָס זיי האָבן איבערגעזעצט פֿון אַנדערע שפּראַכן.
אין אַ מעלדונג האָט שילה ערלבוים, די אָנפֿירערין פֿונעם אָפּטייל פֿון פּאָליטיק און רעליגיע בײַם ייִדישן צענטראַל־ראַט, געזאָגט: „מיר האָבן טאַקע געדאַרפֿט אַ סיסטעמאַטישן לערן־רעסורס, וואָס באַזאָרגט די קינדער נישט בלויז מיט לערן־מאַטעריאַל, אָבער מוטיקט זיי זיך אַקטיוו צו באַטייליקן,“ האָט זי געזאָגט.
„דורך ׳דעת הדורות׳ קענען זיי לייזן בילדער־רעטענישן; זיך דערוויסן וועגן די געשעענישן פֿון משה רבינוס לעבן דורך אַ ווערפֿל־שפּיל, אָדער אויספּרוּוון זייער וויסן פֿון ייִדישע טערמינען דורך דער מאָבילקע אָדער אַ „גיכענטפֿער קאָד“ (QR code),“ האָט ערלבוים געזאָגט.
יאָזעף שוסטער, דער פּרעזידענט פֿונעם ייִדישן צענטראַל־ראַט, האַלט אַז די לערנביכער זענען אַ וויכטיקער אויפֿטו. „אַ דאַנק דעם פּראָיעקט וועט די ייִדישע רעליגיעזע בילדונג איצט זײַן גלײַך מיט די קריסטלעכע רעליגיעזע לימודים,“ האָט ער געזאָגט.
צו לייענען וועגן דעם אויף ענגליש גיט אַ קוועטש דאָ.
To read about this in English click here.
The post Tidbits: New German textbooks about the Jewish religion appeared first on The Forward.
Uncategorized
Far-right win in German regional race sends shockwaves through Europe
(JTA) —
A victory for Germany’s far-right party in an eastern federal state has reverberated across the globe, exposing the widening rifts between alarmed centrist leaders and insurgent nationalist movements in Europe.
The Alternative for Germany (AfD) party won 43.8% of the vote in an election in Saxony-Anhalt on Sunday, crushing the center-right Christian Democratic Union (CDU), German Chancellor Friedrich Merz’s party, which held 17.2% support, according to preliminary figures.
The AfD is now heading toward 39 seats in Saxony-Anhalt’s 83-seat state parliament. It’s expected to fall 3 seats short of an outright majority, leaving open the question of whether it can form Germany’s first far-right state government since World War II. The party has proposed a sweeping nationalist agenda that includes deporting immigrants, defunding “anti-German art” and teaching children less about the country’s Nazi past.
Merz told reporters in Berlin on Monday he was “deeply shocked” and “unsettled” by the results, which he said rippled through the rest of the country and the world. He added that it was impossible for Germany to “go back to business as usual” after so many voters in Saxony-Anhalt chose a party that “questions the democratic institutions in our country.”
The results dealt the CDU its “most severe defeat” in decades, conceded Merz, who leads the party once headed by former German Chancellor Angela Merkel.
Merz said that he was searching for answers to “why far-right populism and far-right extremism was able to rise in such a rapid manner,” suggesting that his party may have underestimated the “fears of our population” amid economic crises and rapid technological change. He said that minorities in Saxony-Anhalt would be particularly vulnerable under an AfD government, but noted that the state would still have obligations to follow federal law, including regarding immigration policy.
Merz also directed his message to the rest of Europe, saying that Germany had a “special responsibility because of its history” to keep its political order “deeply anchored in Europe.”
Despite the scale of the CDU’s defeat in Saxony-Anhalt, Merz ruled out stepping down, saying, “Giving up is not an option.”
Though Saxony-Anhalt is one of Germany’s smallest regions, home to some 1.7 million voters, its election results quickly sent shockwaves through other European countries whose leaders, like Merz, are fighting to fend off far-right, anti-immigrant parties in national elections next year.
French Europe Minister Benjamin Haddad called the AfD’s regional win a “grave moment in Europe” and said that “nationalism and xenophobia will never be a solution.”
“We cannot forget our history,” said Haddad, an ally of centrist President Emmanuel Macron. “That is the meaning of the choices made by France and Germany.”
France’s government faces its own fears of a right-wing populist wave. Marine Le Pen, the head of the far-right National Rally, has dwarfed all other candidates in polls heading into France’s presidential election in 2027, when term limits force Macron to step down.
Across the Channel, British Chief Secretary to the Treasury Emma Reynolds said in an interview on Times Radio that the U.K.’s Labour government “will not be reaching out to a right-wing populist party.” She added that she put the AfD in “the same political bracket” as Reform UK, the far-right party that surged in local elections earlier this year.
Polish Prime Minister Donald Tusk also condemned the AfD’s victory. The far-right party has alarmed Poland, Ukraine’s neighbor, with its pro-Russia stance, as it seeks to halt Germany’s military aid to Ukraine and sanctions against Russia.
“In Poland, only idiots or traitors can rejoice at the triumph of the AfD in Germany,” said Tusk.
Meanwhile, the AfD was cheered by nationalist, anti-immigration party leaders in Spain, Portugal and the Netherlands, all of whom have sought to capitalize on economic and social grievances similar to those that contributed to the AfD’s victory Sunday.
Santiago Abascal, the head of Spain’s far-right Vox party, called the result “a great hope for Germany and for Europe.”
André Ventura, the founder of Portugal’s far-right Chega party, said that “the Germans too are opening their eyes against illegal and uncontrolled immigration, corruption, and the capture of our freedom and identity.”
And in the Netherlands, the AfD received a “Congratulations” from the far-right Party for Freedom’s leader, Geert Wilders.
While President Donald Trump has yet to officially respond to the Saxony-Anhalt election, he posted a screenshot of the results without comment on his Truth Social account Sunday night.
Trump’s post was shared by Kirill Dmitriev, a Russian presidential envoy and businessman, who said the AfD scored a “historic win” that would “put migration under control.”
Elon Musk, the billionaire and former Trump adviser who campaigned for the AfD last year, gave his support to the national party leader Alice Weidel on X, which he owns, writing “Well done” in German.
Ulrich Siegmund, the AfD’s candidate in Saxony-Anhalt who hopes to become the state premier, responded by praising Musk.
“Thank you, @elonmusk, for your support and for your clear and highly important perspective on the political developments of our time — including here in Germany,” he wrote.
The post Far-right win in German regional race sends shockwaves through Europe appeared first on The Forward.
Uncategorized
In new ‘Fauda’ season, the aftershocks of Oct. 7, without a thought for Gaza
When Fauda Season 4 ended an eternity and a devastating war ago, our hero was at death’s door, reciting both the central prayer of Judaism, the Shema, and the Muslim Fatiha.
It was a cliffhanger with monumental implications for Doron Kavillio (Lior Raz), an Israeli Jew who spent his days undercover as a Muslim Arab — an identity crisis long in coming. Zoom out and you can see the doomed duality of Israel and Palestine, Jew and Muslim, connected in a cycle of death and more alike than they may seem.
Season 5 begins bilingually, with Hebrew and Arab definitions of the Arabic word Tha’r, blood revenge, “restoring violated honor or avenging injustice.” This concept is now the point of commonality — not how men pray, but how they seek revenge.
Welcome to a post-Oct. 7 Israel. Doron is in therapy, struggling to recall eight missing hours of his life on the day of Hamas’ attack on the Gaza envelope.
Comrades have left the country — Steve (Doron Ben-David) is protecting oligarchs in London, Sagi and Nurit are in Australia. Eli (Yaakov Zada-Daniel) is now Orthodox, living in a settlement and reeling from the murder of his wife and stepchildren at his now-torched kibbutz. When a Bedouin friend, Salem (Bian Anteer) who lost his son in the raid on Eli’s home, approaches him with a tip on the Nukhba fighter responsible, they depart for Marseille to answer the call of Tha’r.
It would hardly be Fauda if this act of vengeance didn’t give way to a much larger plot. Marseille is the staging ground for Saeed el Hatib (French-Algerian actor Hakim Djaziri), “the Sinwar of Europe,” who is recruiting sympathetic, white continentals for a fresh massacre in Israel.
Fauda has always made some viewers uncomfortable. Massively entertaining, bingeable to those of us who stream it in the Netflix aftermarket, its existence was premised on ongoing injustices in the West Bank and Gaza and the violence that bursts through their borders. (The BDS movement labelled it a “war-crimes glorifying” series;” Haaretz called it “morally dubious.”)
And yet as late as the last season it contained very real criticism of Israel’s conduct, including its costly campaigns to recover captured soldiers and the torture used to extract information on their whereabouts. The show always alluded to real operations — Cast Lead, Brother’s Keeper — in dialogue. But because it can’t merely mention an attack as raw and monumental as Oct. 7, and because it has no desire to question the response to it, it chooses to recreate its savagery.
Episodes 7 and 8, flashbacks to that day, are front-loaded with a trigger warning and a disclaimer that you can skip them and still be able to follow the main plot.
It’s hard for me to recommend those episodes. If not exactly atrocity porn, their central, race-against-time set piece is too anchored in recent events and constructed too much like an action movie. It feels in a sense exploitative, even if intended as a tribute. (To give them credit, both Lior Raz and his co-creator Avi Issacharoff, who said they “wrote from their trauma,” were on the ground helping the south of the country evacuate in the aftermath.)
The new season starts with the promise of complexity. It opens on a grieving Muslim father and shifts to a milksop accountant who worked for Hamas, seemingly tortured by Eli in a blind rage for a crime he didn’t commit. Could an excessive devotion to Tha’r, a tribal code of retribution, be the diagnosis of the show’s creators of Israeli society at this moment?
If it is, it’s not a critical one. The villains are the villains, and, most revealingly, they now number people with no connection to the conflict.
Hatib’s enlistment of white Europeans for a mass-casualty terror attack services a trite narrative of postcolonial guilt finding an outlet in the pro-Palestinian cause. It works on another level too: This fighting force is squaring off against Doron’s corps of Mizrahi Jews, whose mere presence dismantles the lie that Israelis are themselves all white colonizers, and that Israel and the European empire of yore are in any way analogous.
When, back at mission control, the counterterrorists speak of “suspicious-looking Europeans” who are “in their 30s,” the derision for this type of fellow traveller is palpable. Their standard bearer, Mélanie Laurent, formerly Tarantino’s “face of Jewish vengeance,” plays Anne, a blonde, “high middle-class Catholic French woman” who straps up with C-4, a keffiyeh ever-draped around her neck. Through her, and in a quite literal way, the show suggests the Western love affair with Palestinians — which in this season’s logic means Hamas — is misguided.
All the while, we never see Gaza, where much of Season 3 was set, with some among its population humanized. We never reckon with the destruction there. We hear about it, and a kind of lip service is paid to the crime of collective punishment — the sort that we hear at the end of almost every season — but it’s secondary to storytelling as elegy and justification. One could just have easily placed the Hebrew word Zachor before that first cold open: Remember what they did to us.
At one point, after a shootout with more blood spatter than I ever recall seeing on the show, Doron empties his clip into an enemy with the words “this is for October 7.” Seconds later, in a Shin Bet command room his handler Gabi (Itzik Cohen, whose between-seasons weight gain is a running joke) quips, a la Danny Glover in Lethal Weapon, “I’m too old for this.”
He’s not the only one.
In the past week I’ve chatted with some folks older than me — they don’t know each other and are largely to my right on Israel — who don’t relish the thought of another season. Not just because they don’t want to watch Oct. 7 reenacted, but because following the exploits of Israeli security agents has vastly different optics after the Hamas-Israel war, unprecedented settler violence and National Security Minister Itamar Ben-Gvir’s recently-stated ideal scenario of killing “30 or 40” Palestinians in Gaza each night.
This may well be the privilege of the diaspora, but the fatigue points to a shift in attitude that’s worth paying attention to. If these horrors are out of sight, out of mind this season, they’re top of mind to many who are watching — and many others who might have once tuned in.
The post In new ‘Fauda’ season, the aftershocks of Oct. 7, without a thought for Gaza appeared first on The Forward.
