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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.
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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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Hollywood’s Jews take sides in Mark Ruffalo-Paramount antisemitism row
(JTA) — Some 170 notable Jewish personalities have released an open letter defending actor and producer Mark Ruffalo, who has been accused of antisemitism for his comments on Paramount Skydance’s pending acquisition of Warner Bros. Discovery.
Entertainers, rabbis and a physician who is featured in a new documentary about doctors treating Palestinians in Gaza signed the letter released Wednesday, which called the attacks against Ruffalo a “false and dangerous weaponization of charges of antisemitism.” George Clooney also defended Ruffalo on Thursday.
Signatories of the pro-Ruffalo petition include “Broad City” creators Abbi Jacobson and Ilana Glazer; celebrated filmmakers Joel Coen, Jonathan Glazer and Todd Haynes; Pulitzer Prize-winning playwright Tony Kushner; and actors including Hannah Einbinder, Joaquin Phoenix and Debra Winger.
In late August, Ruffalo, the award-winning actor and progressive activist, went on social media to link Paramount Skydance CEO David Ellison, the chief driver of the looming Paramount-Warner Bros. merger, to tech giant Oracle, which Ruffalo claimed is responsible for “an apartheid system of oppression” in Gaza.
Oracle is owned by Ellison’s father, Larry Ellison, one of the world’s richest men; both Ellisons are Jewish and prominent Israel supporters. Oracle also owns a stake in the social media network TikTok’s U.S. operations, and has long been a target of progressives who point to the company’s links to, and public support for, Israel.
“Larry Ellison will own most of ‘Para Bros,’” Ruffalo wrote in the post, which is no longer available, according to a screenshot reproduced by the Hollywood Reporter. The “Spotlight” and Marvel star also called Larry Ellison a “classic oligarch” who is “crushing workers and consolidating the wealth of the world for their own power and concentrated dominance.”
The $110 billion merger is under adjudication in federal court in California following an antitrust lawsuit filed by 12 state attorneys general and the Writers Guild of America. As backlash to the merger has steadily grown across Hollywood and in political and media spaces, Paramount at least since June has been pushing the idea that opposition to the merger has had an antisemitic element.
The company seized on Ruffalo’s comments, immediately releasing a lengthy statement to media after his controversial social media post that accused the actor of invoking “antisemitic tropes,” adding, “This simply exposes the true motivation of some who have advocated opposition to this transaction.”
Several leading Jewish groups have also said his post stepped beyond legitimate criticism of the merger and into classic antisemitic rhetoric about Jewish wealth and power.
In an August statement, the head of the Jewish Federation of Greater Los Angeles said the actor’s comments “combined Jewish wealth, media control, secret technology and sinister global power,” drawing on “recognizable antisemitic tropes with a long and dangerous history.” Other LA-based Jewish activist groups, including Creative Community For Peace and the Simon Wiesenthal Center, have also condemned his comments.
Speaking amid the unfolding controversy about Ruffalo and his use of the word genocide to describe Israel’s campaign in Gaza, “Fauda” co-creator Avi Isaacharoff called him “a rare combination” of “ignorant” and “stupid.”
The Jewish Telegraphic Agency has reached out to Shani Rosenzweig, Ruffalo’s agent and a prominent Jewish entertainment figure in her own right, for comment and a Ruffalo interview request. Rosenzweig did not respond to either request.
Ruffalo has found support from several progressive Jewish figures beyond the entertainment industry, including IfNotNow co-founder Simone Zimmerman, Israeli Holocaust historian Raz Segal and Jewish Currents editor Peter Beinart.
In their open letter defending Ruffalo, the progressive Jewish cohort argued the actor was right to draw links between Israel’s behavior and the merger.
“Pointing out the crucial connections between what is happening in Gaza and what is happening in Hollywood is the exact opposite of antisemitism,” the letter reads. “It is, for us, the very essence of Jewish ethical duty.” The letter points to specific statements from Larry Ellison, and Oracle executives, describing their surveillance and artificial-intelligence technological ventures and their positive relationship with Israel.
Other entertainment figures have tried to thread a more careful needle. Oscar-winning filmmaker Kenneth Lonergan, who has directed Ruffalo in two movies and was at one point developing an American remake of the hit Israeli TV series “Shtisel,” defended the actor from antisemitism charges this week while also noting, “I disagree profoundly with many of his positions on the Middle East, Israel, Gaza, and Iran’s constellation of fanatical Islamist fundamentalist proxies.”
“But Mark and I have been friends for over 30 years,” Lonergan continued in his letter to the Hollywood Reporter. “The notion that he is antisemitic is overtly preposterous, and the accusation itself a cynical and disgusting lie.”
Ruffalo is soon scheduled to attend the Toronto International Film Festival for the Sept. 10 premiere of the biopic “Being Heumann,” about Jewish-American disability rights activist Judy Heumann, in which he co-stars.
Opposition to David Ellison’s bid to combine two historic media giants, each having recently weathered smaller mergers of their own, has grown considerably in recent months. Those objections have come both from Hollywood rank-and-file concerned about further industry consolidation, as well as from political and media figures voicing objections to Ellison’s close ties to President Donald Trump and his intentions with Warner’s flagship news property, CNN.
The merger was initially thought to be on track to be finalized this fall with Trump’s blessing. The president has publicly championed the merger, and his Justice Department approved the deal in June. But talks have ground to a halt following the antitrust lawsuit. The fate of the merger is now in question, with Paramount having agreed to a trial in March 2027 and on the hook for a $7-million-per-day “ticking fee” it had previously agreed to pay out to shareholders if the deal failed to close by this October.
Prior to Ruffalo’s post, Ellison himself published a New York Times op-ed defending his merger plans.
This article originally appeared on JTA.org.
The post Hollywood’s Jews take sides in Mark Ruffalo-Paramount antisemitism row appeared first on The Forward.
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Spanish far-right activists use Nazi-style salutes in anti-migrant protests
(JTA) — MADRID — Dozens of far-right activists raised their arms in Nazi-style salutes and sang a Spanish fascist anthem in the heart of Madrid on Wednesday, amid protests against the government’s handling of migration.
Between 60 and 70 members of Núcleo Nacional, an ultra-nationalist anti-immigrant group, participated in mass demonstrations of tens of thousands of people across Spain, a spokesperson for the group told the Jewish Telegraphic Agency. The protests were in response to an influx of migrants from Morocco into Ceuta, a Spanish territory in North Africa.
The broader demonstrations in Madrid were called by Spain’s conservative People’s Party and far-right Vox party, drawing about 50,000 people to the streets, according to government estimates. The protests were planned for Ceuta Day, a holiday marking the Portuguese conquest of Ceuta from the Marinid Sultanate of Morocco in the 15th century, beginning centuries of Portuguese and later Spanish rule.
Núcleo Nacional activists were shown on video making the outstretched-arm gesture associated with neo-Nazi movements and chanting, “Ceuta is not for sale, Ceuta will defend itself.” They also sang the song “Cara al Sol,” a fascist anthem from 1935 that became central to the regime of former Spanish dictator Francisco Franco, who ruled from 1939 to 1975. Núcleo Nacional denied a link between their gesture and Nazi history.
The demonstration ended in clashes between protesters and police, with four people arrested and four police officers injured, according to local authorities. Protesters were also shown on camera grabbing, pushing and cursing at multiple journalists who were covering the rally.
Francisco Martín Aguirre, the delegate of the Spanish government in Madrid, condemned “the violent acts that occurred at the end of the gatherings in Madrid.”
“All respect to those who legitimately and peacefully protest for the cause they deem fit,” he said on X. “Violence is never the way and those who daily incite it are also responsible.”
A spokesperson for Núcleo Nacional told JTA that the group was not performing a Nazi salute, but an “Iberian or Roman salute.”
“It represents our ancestors,” the spokesperson said. They added that the group was protesting to “support the people of Ceuta.”
The outstretched arm salute in Nazi Germany was inspired by a gesture popularized in the 1920s in Italy’s fascist movement, which later allied with the Nazis. The Italians called it a Roman salute, though researchers say there is no evidence linking it to ancient Rome. Franco also instituted the gesture in 1937, then instructed Spaniards to abandon it in 1945 after the Axis powers lost World War II.
More than 72,000 Moroccan migrants crossed into Ceuta between July 30 and July 31, with at least 100 people dying in the attempt. Most have returned to Morocco, but some 5,000 remain in makeshift shelters or on the streets and beaches, inflaming tensions between migrants and local residents and heaping pressure on the left-wing government of Spanish Prime Minister Pedro Sánchez.
Núcleo Nacional has about 2,000 members, many from neo-Nazi and Francoist groups that lost their capacity to mobilize, according to the Global Network on Extremism and Technology. The group has grown rapidly and opened four regional branches since its founding in 2024. Earlier this year, it registered a political party as Noviembre Nacional.
The group pledges to defend the white race, Christianity, the Spanish nation and Europe against foreign and domestic enemies, including migrants, internal independence movements and “multicultural globalism.” Spain’s Civil Guard last year opened an investigation into Núcleo Nacional after it posted a video calling for groups to “actively defend” the streets and “jointly fight against the invasion” of immigration.
Núcleo Nacional leaders have also denied the Holocaust and suggested that Israel orchestrates migration to Europe, according to the Observatory of Antisemitism, a Spanish watchdog organization. Núcleo Nacional said in a 2024 statement, “Any Spanish patriot should not forget that it is Israel that is financing the Maghrebi invasion to which all of Europe is being subjected.”
On Núcleo Nacional’s social media channels, it has claimed that it is targeted by “the Jewish-Zionist lobby in Spain” and accused the “international Jewish-American financial elite” of “buying up Spain at bargain prices while ruining us.”
This article originally appeared on JTA.org.
The post Spanish far-right activists use Nazi-style salutes in anti-migrant protests appeared first on The Forward.
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US House passes bill stripping federal funds from universities that boycott Israel
(JTA) — The U.S. House of Representatives on Thursday approved a bill that would prevent federal funds from going to academic institutions that participate in commercial boycotts of Israel.
The HR 4795 bill, co-sponsored by North Carolina Republican Rep. Virginia Foxx and New Jersey Democrat Rep. Josh Gottheimer, passed in a 237 to 169 vote, with 203 Republicans, 33 Democrats and one Independent in favor. Whether Democrats will grant sufficient support to pass the legislation in the Senate remains unclear.
If the Protect Economic and Academic Freedom Act goes on to become law, it would amend the Higher Education Act of 1965 to require universities to refrain from “participating in a nonexpressive commercial boycott of Israel” in order to remain qualified for certain funds.
Expressive conduct is “symbolic speech” designed to relay a message, like picketing, marching, flag desecration and draft-card burnings. A 2022 U.S. Court of Appeals ruling deemed economic boycotts nonexpressive commercial conduct as opposed to independent expression.
In addition to forbidding boycotts, the legislation also stipulates that institutions receiving such funds would need to “certify that students are not unreasonably obstructed from participating in academic programs in Israel.”
“This bill is an important step forward in ensuring academic freedom for all students,” Gottheimer, who is Jewish, said in a statement. “I will push the Senate to take up the bill shortly so it can become law.”
Foxx, meanwhile, stressed that the act “takes a strong stand against the BDS movement on college campuses across the nation,” referring to the Boycott, Divestment and Sanctions campaign that aims to put economic pressure on Israel by barring the purchase of Israeli products and suspending trade agreements.
“This legislation has true teeth and completely severs any possible taxpayer support of these concrete campaigns of antisemitism in the form of BDS and academic boycotts of Israel,” Foxx added.
The Anti-Defamation League welcomed the bill’s passage on Thursday, deriding BDS activities as a tool used “to delegitimize Israel and demonize Jews and other students for their connection to the Jewish state.”
The Combat Antisemitism Movement, an interfaith advocacy group that aims to fight “Jew hatred,” echoed these sentiments. A Thursday statement from the coalition noted that ahead of the vote, the group had sent a letter to all U.S. House members conveying its support for the bill.
“Academic boycotts of Israel harm American students and scholars, weaken vital U.S.-Israel research collaboration, and lend the credibility of American universities to a discriminatory campaign that singles out the only Jewish state,” the letter stated.
Among the 32 Democrats to join Gottheimer in supporting the bill were many prominent Jewish lawmakers, such as Debbie Wasserman Schultz, Lois Frankel and Jared Moskowitz of Florida; Greg Landsman of Ohio; Brad Schneider of Illinois; Eugene Vindman of Virginia and Kim Schrier of Washington.
Yet not all Jewish legislators, even those who are against BDS, voted in favor of the bill. Ahead of the vote, Rep. Jerry Nadler, a Democrat from New York, vowed in a statement that he would vote against the bill and urged his colleagues to do the same.
While Nadler voiced his antipathy to BDS and acknowledged that proponents of the movement “can veer into antisemitism,” he stressed that “those who engage in BDS have a First Amendment right to do so.”
The liberal pro-Israel lobby J Street offered similar opposition, arguing that this bill would mean “infringing on constitutionally protected free speech and academic freedom.” Noting a distinction between Israel proper and the West Bank, J Street stated that “penalizing universities for expressing their opposition to activities that further annexation sets a dangerous precedent.”
Nadler, meanwhile, described the measure as both “a direct and gross violation of the First Amendment” and “the latest assault by the Trump Administration” on the nation’s academic institutions.
“No matter how much I may disagree with BDS, and find it strategically stupid and morally repugnant, I will always fight to protect Americans’ right to speech with which I disagree,” he added. “It is the only way to ensure speech I do agree with is equally protected.”
This article originally appeared on JTA.org.
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