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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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UK to ‘reset policy’ on West Bank settlements, Miliband tells parliament
(JTA) — The new British government plans to announce in the coming weeks a comprehensive package of economic sanctions and other measures designed to prevent the Israeli expansion of West Bank settlements.
Overall the U.K. needs “a comprehensive reset of our policy” when it comes to the West Bank, British Foreign Secretary Ed Miliband told the House of Commons on Tuesday. He spoke during his first question and answer session with lawmakers since he and the government he represents were sworn into office in July.
Miliband added that the new measures would include a ban on goods produced in the settlements and targeted sanctions on British institutions and individuals.
“We are looking, indeed, at our wider economic relationship with the occupied territories, and the different tools we have to tackle it,” Miliband explained. “We do not want British companies financing, constructing, or advertising new settlements. The work we are now undertaking is how we can stop that.”
Israel’s Foreign Minister Gideon Sa’ar warned Tuesday that if the U.K. acted against his country, the Jewish state would take retaliatory steps against Great Britain.
“We are prepared and I hope they will not make the mistake of doing this. If they do, there will be a reaction,” Sa’ar said in a podcast interview with the Hebrew news website Ynet.
Tensions between Israel and the U.K. have been escalating in light of Israeli military actions in Gaza and the West Bank following the Hamas-led October 7, 2023 attack.
The U.K.’s decision under the last government to recognize Palestinian statehood in 2025 inflamed the situation, which is expected to get worse should Prime Minister Benjamin Netanyahu win the October 27 election in Israel.
Any government that Netanyahu forms is expected to be right-wing and to continue the policies of the existing government, just as the U.K. under Miliband and the new Labour prime minister, Andy Burnham, are more willing than their predecessors to go head-to-head with Israel on the issue
Miliband already floated the idea of targeted sanctions after Israel’s Lands Authority opened bids for 1,234 homes in the largely underdeveloped E1 section of the West Bank settlement of Ma’aleh Adumim in August, a move that he said would undermine any two-state solution to the Israel-Palestinian conflict.
Miliband went further on Tuesday when fielding a number of questions from lawmakers frustrated about the lack of U.K. response to Israeli actions in the West Bank, such as terror activity by Israelis against Palestinian civilians and continued settler building. This includes the opening of E1 bids last month.
The foreign secretary explained that his words reflected the policies Burnham had considered even before he entered Downing Street in July, such as a ban on trade for goods produced in the settlements. “We are obviously working across government and with our allies on these measures,” Miliband said.
Israel has said that it has a right to build settler homes in Area C of the West Bank, which is under Israeli military and civilian control and where all the settlements are located. Under the Oslo Accords, the West Bank was divided into three areas, with sections A and B, under the auspices of the Palestinian Authority.
The International Court of Justice in 2024 issued an advisory opinion explaining that such construction in Area C is illegal, affirming a long-held stance of the U.N. and many nations, including the U.K.
Concern has been particularly high with regard to the E1 project, which would add 3,400 homes to the municipal boundaries of the city of Ma’aleh Adumim by building on an underdeveloped hilltop. The Palestinian Authority and the international community, including past U.S. administrations, have warned that the project would block contiguous Palestinian development in that area and thus make a Palestinian state untenable.
Miliband referenced that viewpoint when speaking to the House of Commons on Tuesday, explaining that E1 development had long been considered a “red line,” because the project “cuts through the heart of the West Bank and risks making a Palestinian state unviable.”
He affirmed the U.K.’s commitment to a two-state resolution, explaining that his government would not stand idly by while that vision was being destroyed by Israeli actions on the ground in the West Bank.
In a harshly worded attack on the U.K. and Miliband in August, Sa’ar on X warned that UK’s statements on Israel were fueling antisemitism in Great Britain and emphasized that the Jewish people had a right to build anywhere in their ancestral homeland.
This article originally appeared on JTA.org.
The post UK to ‘reset policy’ on West Bank settlements, Miliband tells parliament appeared first on The Forward.
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How the Yiddish project took root in the U.S. after the Holocaust
How did the YIVO Institute for Jewish Research find a new home in the United States after the Holocaust? Kalman Weiser (York University, Toronto) narrates this dramatic story in a new book, Yiddish Scholarship Comes to America.
Initially, YIVO’s success wasn’t a sure thing. It was “hardly clear to YIVO’s staff and supporters in the 1940s that an organization dedicated to serving the intellectual and cultural needs of a global, Yiddish-speaking Jewish nation could take root in the radically different circumstances of postwar America,” Weiser writes.
Before the war, YIVO already had an American branch in New York but its main goal was raising money for the institute in Vilna. Several YIVO activists also focused on researching Yiddish culture and history — but again, mainly in Eastern Europe.
The truth was, most American Jews had little interest in Yiddish and didn’t think highly of Jewish studies at all.
After the Holocaust, YIVO stood at a crossroads: It could either become an archive dedicated to Yiddish life destroyed in Eastern Europe, or it could further develop Yiddish scholarship to give Yiddish a new lease on life in America.
Weiser guides the reader through the fierce debates among YIVO’s associates over the direction the institute should take. Yudel Mark maintained that YIVO should focus primarily on Holocaust research, while former Bundists argued that it should study the conditions of the Jewish masses in America.
Max Weinreich, YIVO’s intellectual godfather, had an altogether different vision. He believed that American Jewry could actually play the leading role in the Jewish world after the Holocaust. At the same time, though, he didn’t think they were ready to assume this responsibility. They needed the Yiddish-speaking refugees and immigrants, such as himself and other East European intellectuals, to guide them.
According to Weinreich, YIVO should concern itself not only with visnshaft (scholarship), but with visn vos shaft (“knowledge that creates”). In other words, Yiddish scholarship needed to enable American Jews to preserve their Jewishness and secure the continuity of Yiddish.
The success of this monumental undertaking depended on the Yiddish language itself. Yiddish needed to serve as a bridge between generations of Jews, a spiritual and intellectual connection between the old country and the new.
For this reason, Weinreich held that the American Jewish intellectual leaders needed to be “de-assimilated,” and the prestige of Yiddish needed to be raised in American academia.
But despite Weinreich’s efforts, YIVO remained on the margins of the Jewish mainstream and received limited support from major Jewish philanthropic organizations. Relations between YIVO and the American Yiddish literati were also strained.
The normative, standard Yiddish that YIVO wanted to promote drew criticism from some American Yiddish writers and journalists. They argued that “YIVO Yiddish” differed considerably from the authentic, natural Yiddish they were raised with.
In his articles in the Forward, Isaac Bashevis Singer ridiculed neologisms as kadmen-yidish (proto-Yiddish) and breyshes-yidish (old Yiddish), linguistic concepts that Weinreich had invented to describe different historical phases in the development of the Yiddish language.
At the heart of the conflict between YIVO and Yiddish writers, Weiser explains, was the question: “To whom does Yiddish belong?” YIVO’s goal was to create a normative language that could be taught like other foreign languages. In this way, the future of Yiddish could be secured even if a living community of Yiddish speakers no longer existed.
The tensest chapters in YIVO’s history revolved around the struggle to recover the materials that formerly belonged to the institute in Vilna.
The Nazis sent some of the books and documents to Germany for the archives of the museum the Nazis were planning, “Institute for Research on the Jewish Question.” After the war these materials fell into the hands of the American military administration in Germany.
Recovering these materials was an incredible feat on the part of Weinreich and his colleagues, among them Lucy Schildkret (better known by her married name, Dawidowicz), who later made her name as a Holocaust scholar. Legally, the American military administration was obligated to return the plundered materials to Poland or the Soviet Union. The Hebrew University in Jerusalem was a claimant as well.
Weinreich worked his contacts among the American elite, and in 1947, YIVO recovered the archives. He also succeeded in presenting YIVO as the heir to other cultural institutions in Vilna. As a result, YIVO received the collections of the renowned Strashun Library and the S. Ansky Historical and Ethnographic Society.
The second chapter of YIVO’s history occurred after the collapse of the Soviet Union in the 1990s. A significant collection of YIVO materials was discovered in Lithuania, thanks to a Lithuanian librarian who had hidden it in the warehouse of the national book chamber.
This time, YIVO had to negotiate with the government of the Lithuanian Republic, which had recently become independent. Ultimately, a compromise was reached, and these materials can now be accessed digitally.
Weiser’s history of YIVO is an engaging, well-researched book. Max Weinreich was far from the only European Jewish refugee to find a new home in America and build a successful career there. But he may be the only one who single-handedly rebuilt an important European Jewish scholarly institute that remains active till the present day.
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A great Jewish sculptor gave a gift to America. The Trump administration is taking it away.
By the time Joel Shapiro’s Blue showed up in my morning feed Wednesday, it had already lost its legs. Shapiro’s 24-foot aluminum figure had spent seven years kicking at the sky outside the Kennedy Center in Washington. Now workers were taking it apart. In the photograph, the legs lay on the grass; the rest hung in straps, and a few guys in hard hats were standing underneath it, discussing something.
“Holy shit,” I said, then enlarged the picture, as if one of those men might explain what they were doing to the work of a man I had liked so much. Yes, I know they aren’t legs. That was Joel’s trick, to join a few rectangles and, without a face or a finger in sight, make you worry that some poor guy was about to fall.
The first — and only — time I met Joel Shapiro in 2024, he was eating a Mallomar. Same surname, no relation, though the speed with which he opened my box raised questions. Mallomars are a reporter’s trick of mine: I bring them to interviews during their brief season because they are Kryptonite to Jewish men of a certain age; even if nobody bites, the box gets a laugh. My father, who made it to 99 without losing interest in either nurses or cookies, taught me their power. Later, Julian Schnabel arrived in an all-white jumpsuit and wanted one too. I considered the theory proved.
We were at Pace, two days before his solo show Out of the Blue opened, standing in front of ARK — almost 12 feet of painted wood that looked as if it had thrown out an arm to stop a fall.
“Let’s do something we shouldn’t,” Joel said. “Touch the work.”
The guard didn’t move, so I put my hand on a Joel Shapiro.
I never understood how he did it. You’re looking at a few rectangular forms joined at unlikely angles, and then there it is, a person in trouble with gravity. No face, no hands, and still I worried about the poor thing falling—somehow it was precarious without looking afraid. Nine months later, he was dead.
Joel made Blue for that lawn of the Kennedy Center. It wasn’t on loan, and it didn’t wander in from a warehouse; he built it for the opening of the REACH in 2019 and gave it to the Kennedy Center as a permanent installation, which is to say he gave it to us. On Wednesday, it took a crane and a six-in-the-morning closure of the northbound lanes of Rock Creek and Potomac Parkway to get it off the grass.
The Kennedy Center thanked him, saying it was “deeply grateful” for the years Blue spent “animating our campus” and “honored to have been stewards” of his “enduring legacy.” It added, by the way, that institutions deinstall donated work all the time. I read the statement twice, sure I’d missed the reason. There isn’t one.
Once I might have shrugged and called it housekeeping. Then Trump took the place over, cleared out the leadership and got himself elected chairman by a board of his own appointees, and I stopped being charitable about coincidences.
Josef Palermo, a curator there until he was laid off in March, told Artnet that on Sept. 5 of last year he was called into the office of Richard Grenell, who was running the center then, and told to get rid of all the outdoor art because the president wanted all-new art for the reopening — the one that’s supposed to come after the two-year closure the board sanctioned last month. Palermo says he “delayed and obfuscated” as long as he could. He bought Blue almost another year on that lawn.
Ivy Shapiro, Joel’s daughter, runs the foundation that will now decide where it goes. I met her at Pace that afternoon; she stopped in before the show opened and shared a Mallomar with her father. She has declined to comment.
Joel had no patience for meanings he hadn’t put in the work himself. When I told him Wikipedia connected his blue to Judaism, he laughed.
“I don’t know about that. People love talking about Yves Klein Blue. This is just blue — like the ocean, the sky. It’s not mine, but it’s definitely sublime.”
So I’m not going to tell you Blue came down because Joel was Jewish. There’s no evidence for it, and the suggestion would have irritated him. But his Jewish life is not incidental, and it is not the part of him anyone is going to put in a statement.
He was born in 1941 and spent his first years at Camp Wolters in Texas, where his father was chief of medical services and treated German prisoners of war. The family came back to New York in 1945, and Joel and the other kids played a game they called “Burn the House of Hitler.” Children do that. They take whatever horror the adults have left lying around and turn it into something you can win.
A mile and a half from Blue’s empty patch of ground is his Loss and Regeneration, at the United States Holocaust Memorial Museum: a small house tipped onto its roof and, some distance off, a figure that is also a tree. He made it for the murdered children. It imagines starting over.
Blue wasn’t about any of that and didn’t need to be. It was absurd and intimate and alive, out on the grass with its enormous kick — “a celebration of possibility,” he called it.
Near the end of the afternoon I asked why he was still working so hard when his legacy was long since safe.
“I’m still improving,” he said. Then he told me what he was after: “Work you cannot refute.”
If I could call him for a comment, I suspect he’d check the rigging before saying anything grand, and then say something that wouldn’t have occurred to me. The Kennedy Center thanked him for his enduring legacy after his sculpture’s legs were already on the ground. In the photograph, the straps are pulled tight around what my eyes still insist on calling its chest.
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