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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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The Nakba exhibit and the importance of historical context
By NOAH STRAUSS When I went to the Nakba Exhibit, I was shocked, not by the contents of the exhibit but by its size. The exhibit was tiny in my eyes, and I thought the amount of outcry was excessive for an exhibit that is less than 500 words. It felt like every other day the National Post had an article about the exhibit, criticizing different aspects of it. But then I had a realization: the exhibit was never criticized because it was “too” big, but because of the contents of it. When I was toured by the curator, I actually asked her, “Where is the rest of it?” I was confused because I had been misled by the media to believe the size of the exhibit was massive.
I believe that every human being should be able to live a free life. No human should be bullied for who they are. That is not okay, and to some credit, the Nakba exhibit does cover this. But where my problem now comes into play is the fact that the museum fails to portray the full history surrounding the Nakba.
The museum is publicly funded; our taxpayers’ dollars go there. It is supposed to represent our nation and our beliefs, not take a side on history. The Museum did exactly that. It took a side, and guess what? It caused chaos.
Whenever asked why it does not show the other side of history, the museum would always say something along the lines of: our space is limited, the focus of the exhibit is solely the Nakba, etc. But to me, these are excuses, and I will call that out.
For context, the Nakba was an event that occurred around 1948 after the 1947 UN Partition Plan. The Nakba continued until about 1949. During this time, approximately 750,000 Palestinians were either forced out or left what is now Israel.
The Museum is contributing to concerns surrounding the rise of antisemitism. The Museum has failed to mention that during the same era as the Nakba, hundreds of thousands of Jewish people were displaced from Middle Eastern and North African countries, with many forced to leave because of their religion.
Context matters. Yes, 750,000 Palestinians were displaced, but what happened during the same era also left hundreds of thousands of Jewish people without homes. When a visitor with no historical context walks in to see what the “Jewish” people did to the Palestinians, of course they’re going to blame the Jews. Because it makes me, a Jewish person, look terrible.
In my view, the exhibit contributes to concerns about growing antisemitism by presenting an incomplete historical narrative.
But then, as Jewish people, we need to know when it’s time to move forward. We need to focus on how we can positively portray the Jewish community and show the world who we are, rather than allowing others to define us through a one-sided historical narrative.
Noah Strauss is a 15-year-old Gray Academy student
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Trump is still going after Palestinians in the U.S. Jews must keep protesting those antidemocratic efforts
Mohsen Mahdawi, a 35-year-old Palestinian, has been a permanent resident of the United States for the past 14 years. And as the U.S. government presses ahead with efforts to deport him over his pro-Palestinian advocacy at Columbia University, more than 1,000 Jews have come forward to defend him by signing an open letter I authored.
Why? At a time of particularly fractious division in the Jewish community over issues related to the Israeli-Palestinian conflict, how is it possible that so many Jews have come together in support of a Palestinian activist?
One key reason is that the government is seeking to infringe upon the rights of someone who neither engaged in acts of violence nor supported them. In July, the Second Circuit Court overruled a prior district court judge’s dismissal of the deportation case against Mahdawi, giving new energy to the government’s efforts.
Mahdawi has committed no crime; the government has not even bothered to accuse him of doing so. Instead, he simply gave voice to his belief in the necessity of freedom for his people.
Jews of all ideological stripes can and should agree that it is wrong to penalize someone for the expression of their political views. They don’t need to go far back in time to recall that such tactics have often been used against Jews themselves — in the Soviet Union to suppress refuseniks who sought to manifest their identity as Jews; in the U.S. during the McCarthy era; and, most ominously, during the dark age of Nazi totalitarianism.
In drafting an open letter defending Mahdawi, focused on the attack on his political rights, I hoped that a diverse range of Jews would be willing to acknowledge that whether they agree or disagree with Mahdawi, the government’s targeting of him represents a threat to all of us.
I know Mahdawi personally. We met at a peace-building retreat in the summer of 2024. He was an enormously compelling presence who drew people together through his preternatural calmness and clarity of purpose.
Since then, I have come to see him as a unifier, not a divider. He’s an advocate of peace, not war. And he has the potential to become a leader of enormous charisma and potential.
So why has the Trump administration devoted so much attention to persecuting a Palestinian student who has repeatedly called out antisemitism, including at a Palestinian solidarity rally at Columbia?
The sad reality is that Mahdawi, like his fellow Columbia student Mahmoud Khalil, is being persecuted for the crime of being Palestinian.
The U.S. State Department came up with the logic-defying claim, in March 2025, that Mahdawi’s activities at Columbia “would have a potentially serious adverse foreign policy consequences and would compromise a compelling U.S. foreign policy interest.” If this administration truly wishes to advance its foreign policy interests, then it should focus on reconstructing Gaza and building a framework for peace between Israelis and Palestinians, not targeting a devoted adept of non-violence like Mahdawi.
Many who signed the letter in support of Mahdawi joined in for the simple reason that they believe it is un-American to discriminate against people on the basis of their political views. Some who added their names felt, as I did , that there was another compelling reason to sign on: that Mahdawi’s activism gives the lie to the prevalent myth that to be pro-Palestine is to be antisemitic. This proposition gets buried in the raging discourse around antisemitism and Israel today.
It is essential to recognize that support for the cause of Palestinian freedom and self-determination is not the political or moral equivalent of antisemitism. It is a precondition to a world in which Israeli Jews and Palestinians live peaceably together. And it is a cause that Jews, by virtue of their own historical experience of exile, should be eminently capable of both understanding and supporting.
Mohsen Mahdawi perfectly exemplifies the position. He is fierce in his advocacy for Palestinian rights. And he is fierce in his opposition to all forms of identity-based discrimination, including and especially, antisemitism. He deserves better from the U.S., and we Jews must vigorously oppose the profound miscarriage of justice being directed against him.
David N. Myers teaches Jewish history at UCLA.
The post Trump is still going after Palestinians in the U.S. Jews must keep protesting those antidemocratic efforts appeared first on The Forward.
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Lawmakers seek 100-foot buffer zone around houses of worship to protect prayer goers from protests
(JTA) — A bipartisan group of lawmakers introduced a federal legislation Thursday in the House and Senate aimed at protecting houses of worship from disruptive demonstrations, following a series of protests outside of synagogues this year.
The Right to Worship Act was introduced by Sens. Ted Cruz, a Texas Republican, and Elissa Slotkin, a Michigan Democrat, alongside Reps. Brad Knott, a North Carolina Republican, and Tom Suozzi, a New York Democrat. It would establish a 100-foot “buffer zone” around houses of worship during religious services — mirroring similar legislation recently enacted in New York.
“The First Amendment guarantees every American the right to freely exercise their faith, and Congress has a duty to ensure that guarantee is met,” Cruz said in a statement Thursday.
The legislation would also establish civil penalties for offenders and provide pathways for individuals, including state attorneys, to seek court orders and damages in federal court. While the legislation would target protesters who knowingly disrupt scheduled religious services, houses of worship would not be required to make their schedules public.
The bill’s sponsors say the measure is aimed at conduct rather than the content of protesters’ speech.
“No one should have to push through a hostile crowd or shout over a bullhorn in an attempt to pray,” said Jonathan Greenblatt, the CEO and national director of the Anti-Defamation League, which helped lawmakers draft the legislation.
It’s the latest attempt at passing federal legislation aimed at insulating houses of worship from protest, following Suozzi’s “SACRED Act” legislation, a similar bill he introduced in April but which has not progressed in the House.
Those efforts have now been joined by Slotkin, who is Jewish, and Cruz, who has often taken aim at antisemitism within the Republican coalition over the past year.
“Exercising your right to worship should not require you to exhibit particular courage as you enter your synagogue, church, mosque, temple, mandir, or gurdwara,” Suozzi said in a statement.
The New York City Council passed a local buffer zone bill in March following a series of pro-Palestinian protests outside of synagogues that hosted Israeli real estate expos. While Jewish groups and leaders heavily advocated for the measure, it also faced opposition from civil rights leaders who said it would have a chilling effect on First Amendment protections.
This article originally appeared on JTA.org.
The post Lawmakers seek 100-foot buffer zone around houses of worship to protect prayer goers from protests appeared first on The Forward.
