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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.


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.

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Anne Frank and ‘Night’ may soon be required reading in Texas public schools. Is that good for the Jews?

(JTA) — In the years since school libraries became a culture-war flashpoint, Texas has been one of the most active states to pull books from shelves in response to parental complaints — sometimes including versions of Anne Frank’s diary and other Jewish books.

Now, Texas is pursuing a new approach: requiring that Frank’s diary, and several other Jewish texts, be taught throughout the state.

The Texas state education board recently discussed draft legislation that would create the nation’s first-ever statewide K-12 required reading list for public schools. Among the roughly 300 texts on the list: Elie Wiesel’s Holocaust memoir “Night”; Lois Lowry’s young-reader Holocaust novel “Number the Stars”; George Washington’s letter to a Rhode Island synagogue in 1790, and Frank’s diary — the “original edition.”

Each of the works could become mandatory reading for Texas’s 5.5 million schoolchildren as soon as the 2030-31 school year, as the state’s conservative education leaders seek to reverse a nationwide decline in the number of books read or assigned in class while also constraining the texts that activist parents tend to object to. Instead of letting individual teachers put together reading lists that might include “divisive” or progressive content, Republicans in Texas are trying to nudge the curriculum toward a “classical education” said to draw on the Western canon.

Supporters said the list would help ensure every student is on the same page.

“We want to create an opportunity for a shared body of knowledge for all the students across the state of Texas,” Shannon Trejo, deputy commissioner of programs for the Texas Education Agency, told the Jewish Telegraphic Agency about why the group undertook the list project.

While state lawmakers passed a law mandating at least one required book per grade, the board has decided to implement a full reading list. Trejo said the options had been whittled down from thousands of titles suggested in a statewide teachers survey. They were also cross-referenced with a variety of other sources, including books from “high-performing educational systems” in other states and reading lists from the high-IQ society Mensa.

“We’re trying to help students love reading again,” LJ Francis, a Republican member of the state school board who supports the list, said during the Jan. 28 meeting. “I personally think schools should be teaching more than what we have on this list.”

The proposal underscores a complicated moment for Jewish literature in Texas schools, where books about the Holocaust and Jewish history have recently been pulled from shelves amid parental complaints but are now poised to become required reading statewide.  Jewish educators and free-speech advocates say the shift reflects both recognition of Holocaust education’s importance — and continuing tensions over who controls what students read and how those stories are taught.

The overall list largely centers the Western canon and deemphasizes modern works as well as most books about race and identity, although selections from Booker T. Washington, Frederick Douglass and other Black American authors made the cut. The Bible is also heavily represented, with selections from both the Old and New Testaments on the reading list.

The state’s Holocaust Remembrance Week education mandate means that Jews are one of the few ethnic groups whose stories are fairly well represented on the state’s required reading list. That doesn’t mean that Holocaust educators are unreservedly enthusiastic about the new approach.

“Obviously I’m pleased that they’re including quality Holocaust materials,” Deborah Lauter, executive director of TOLI, the Olga Lenkyel Institute for Holocaust Studies, told JTA. Lauter noted that many teachers trained by TOLI on how to teach the Holocaust in their classrooms — including in Texas — already rely on books that made the list.

But, Lauter said, teachers generally like to develop their own curricula to tailor to their classrooms. “Mandating certain books, I don’t know how teachers would feel about that,” she said.

Lauter also expressed concern about whether the state would be providing materials to help teachers decode the Holocaust texts for their students. Trejo told JTA that fell beyond the scope of the list and the statute.

“It is just the title that is going into the standards for the state of Texas,” Trejo said. “Beyond that, it would be up to publishers to look to, how can I support districts and teachers in teaching this title?”

To literacy activists in the state, the approach was concerning.

“This is censorship as well,” Laney Hawes, co-director of the Texas Freedom to Read Project, told JTA. The overall list, she said, reflects “a very narrow worldview,” and the large number of books on the list would make it difficult for educators to find time for additional texts of their own choosing in class.

At the same time, Hawes said, “there are some really worthwhile books on this list. ‘The Diary of Anne Frank’ is an incredible book.”

The Jewish titles, Trejo said, were selected with additional input from Holocaust museum experts, local rabbis and Jewish day schools in the state. They also sought input from the Texas Holocaust, Genocide, and Antisemitism Advisory Commission.

“We were invited to provide input regarding a few specific parts of these proposals,” Joy Nathan, the commission’s director, told JTA in an email.

She named “Blessed Is the Match,” a poem by the Hungarian-born poet and resistance fighter Hannah Senesh, as a reading that her commission recommended for the draft list. “We will continue these direct conversations throughout the process.”

At the state education board meeting, a last-minute amendment proposed by the board’s GOP treasurer sought to remove dozens of works from the list, including Senesh’s poem and Washington’s letter.

The amendment would replace those texts with a new crop of selections, including “Refugee,” a young-adult novel by Alan Gratz that partially follows a German Jewish World War II refugee; Biblical passages on Moses; Maurice Sendak’s “Where the Wild Things Are”; George Orwell’s “1984”; and a book about former Polish president Lech Walesa. The amendment also listed “Night” as required in two different grades.

The story of Moses, the board member said, made the amendment’s cut because “there are a lot of parallels between Moses leading the people out of Egypt and the American Revolution.” Debate on the topic dragged into the night, with board members arguing whether requiring Bible passages would violate the Establishment clause and which Biblical translation had superior literary merit.

Following the amendment, the board agreed to postpone a vote on the required books until April to give members time to review both lists. Another board member, pushing for greater racial diversity in the list, submitted his own titles for review as well.

Once voted on, the legislation would enter a public comment period prior to being formally adopted at a later meeting

A long list of public commenters at the meeting opposed the law on various grounds, including that it was overly prescriptive, lacked proper balance between classical and modern literature, included more books than could realistically be taught, overly emphasized Christian texts over other religious works, and lacked racial and gender diversity. One teacher said that “Night” is traditionally taught at a different grade level than the law mandates.

Among those who testified against the policy was Rebecca Bendheim, a middle-school teacher at an Austin private school and author of young-adult novels about Jewish and LGBTQ identity. “I believe the list underestimates what Texas students can do,” Bendheim said.

A handful of commenters voiced support for the measure. Matthew McCormick, education director at the conservative Texas Public Policy Foundation, which backed the law, said that it covers “important historical eras such as the Great Depression and the Holocaust.”

He added, “By approving this reading list, the board has the opportunity to enact a generational change by ensuring that every public school student has a strong foundation in literacy and literature.”

At Wednesday’s meeting, the board also voted on new required civics training for teachers and new required vocabulary lists, which would be extracted from the required books.

The state’s embrace of Jewish curricula comes after one Texas school district recently pulled “The Devil’s Arithmetic,” another young-reader Holocaust novel, following a “DEI content” weeding process aided by artificial intelligence. A state law currently on the books in Texas places classroom restrictions on “instruction, diversity, equity and inclusion duties, and social transitioning.”

While Jewish texts are generously represented on Texas’s list, works by and about authors of other identities are not; the high school list, for example, features no Hispanic authors. An estimated 245,000 Jews live in Texas, or less than 1% of the population, according to Brandeis University demographics; Hispanics, by contrast, form 40% of the state population, more than the white share.

The state offered lists of approved Holocaust materials teachers may select from when marking Holocaust Remembrance Week last month. Those approved materials, provided by the Texas Holocaust, Genocide, and Antisemitism Advisory Commission, include many of the texts now required in the legislation.

The proposed legislation concerns activists in the state who oppose book bans and restrictions on students’ “right to read.” Hawes, a Fort Worth mother of four children in the state education system, first became an activist after her district removed the “Graphic Adaptation” of Frank’s diary from its shelves in 2022.

That district returned the book after public outcry. But other districts both in and outside of Texas followed suit by pulling the same edition, along with other Jewish books including “Maus” and “The Fixer,” over the last few years.

Seeing Frank’s diary on the state’s required reading list now, Hawes said, “feels weird to me.”

She noted that the draft legislation specifies that the “original edition” must be taught. The 2018 illustrated adaptation, which includes a passage of Frank discussing a same-sex attraction that had been excised from the original published edition, has been opposed by conservative parents across the country.

In a slideshow by the Texas Educational Agency that outlines the proposed requirements, Frank’s diary is portrayed as an “anchor” text for the 7th grade. “Blessed Is the Match,” an ode to self-sacrifice for a higher cause, and Washington’s letter, a landmark statement of religious tolerance, are listed as supplemental texts for the diary.

The goals of the unit, the agency states, are “factual accounts of Jewish resistance during the Holocaust” and “foundational American ideals of religious liberty and tolerance.”

The Biblical passages, the agency notes, are intended to fulfill a statewide requirement that school districts have “an enrichment curriculum that includes: religious literature, including the Hebrew Scriptures (Old Testament) and New Testament, and its impact on history and literature.” Christian activist groups within Texas, and several elected officials, have pushed for years to promote Evangelical Christian texts in public schools.

The inclusion of Washington’s letter, which assures the Newport congregation that Jews will find safe haven in the United States, also struck Hawes as suspicious. The list contains numerous texts promoting patriotism but does not include any material addressing ongoing antisemitism in America.

“This is making us think that George Washington solved antisemitism. And he didn’t,” she said.

Lauter said that if Texas’s policy of statewide Holocaust book requirements becomes a broader trend, she would welcome it — despite her concerns.

“I think it’s a positive. We support more Holocaust education in schools,” she said. “It’s certainly better than the opposite, which is banning books.”

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Arrests and clashes with police as Australians protest Israeli President Isaac Herzog’s Sydney visit

(JTA) — Thousands of protesters demonstrated across Australia on Monday against Israeli President Isaac Herzog, who traveled to the country at the invitation of Australian Prime Minister Anthony Albanese following the Bondi massacre.

Upon arrival, Herzog visited the site of the antisemitic terror attack in Sydney, where 15 people were killed while attending a Hanukkah event in December. There, he laid a wreath and met with the family members of the victims of the attack.

“Standing here at Bondi – an iconic symbol of Australian life, now scarred by the December 14th massacre – I embrace our Australian Jewish sisters and brothers still reeling from this trauma,” wrote Herzog in a post on X. “My visit to Australia, to all of you, is one of solidarity, strength, and sincere friendship from the State of Israel and the people of Israel.”

As Herzog commenced his four-day visit, dozens of protests organized by Palestine Action Sydney erupted across the country by activists who labeled him as a war criminal.

Calls to disinvite Herzog were also made by Jewish groups in Australia, including the progressive Jewish Council of Australia, which published a letter in the Sydney Morning Herald on Monday signed by roughly 1,000 Australian Jews who opposed the visit.

Ahead of the expected protests, The New South Wales government declared that Herzog’s visit was a “major event,” a distinction that expanded police powers to include directing the motion of demonstrators, closing specific locations and maintaining separation between opposing groups. Those who denied police directions were subject to fines of up to $3,862.

Alex Ryvchin, the co-CEO of the Executive Council of Australian Jewry, condemned the protest efforts in a post on X last week, writing that it is “shameful that so many resources are required to keep Australians safe from other Australians but that is the sad reality of our times.”

“There is no point appealing to them or reasoning with them because they are extremists driven by irrational motives,” wrote Ryvchin. “It is for the police and government to maintain order, keep Australians safe and protect us.”

On Monday, Palestine Action Group failed to legally challenge the restrictions in a Sydney court.

Despite the heavy restrictions on protests, large crowds of protesters gathered in Sydney on Monday, with many shouting pro-Palestinian slogans and carrying posters that read “Arrest Herzog” and “I’m not antisemitic, I am anti-genocide.”

Police used tear gas and pepper spray on some protesters in Sydney who attempted to continue their march after police intervened. New South Wales Police said that 27 people had been arrested during the protests, including 10 for assaulting police and 17 for failing to comply with directions and related offenses.

Palestine Action Group Sydney condemned the police actions in a post on Instagram, writing, “Tonight saw a sickening frenzy of police violence against 30,000 peaceful, anti-genocide protesters.”

In Brisbane, a city in Queensland, protesters were also heard shouting the common pro-Palestinian slogan “From the river to the sea” a day after the Queensland government announced it would propose a new law criminalizing public use of the slogan as well as the phrase “globalize the intifada.”

On Monday night, thousands of people gathered for a speech from Herzog at an event center in Sydney were barred from leaving as police worked to dispel the lingering protest presence outside.

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1 in 3 American Jews were targeted by an antisemitic incident last year, AJC survey finds

(JTA) — One-third of American Jews reported being the target of an antisemitic incident in 2025, according to a new survey published by the American Jewish Committee.

The finding marked no change over the previous year, suggesting that American Jews could be settling into a distressing new normal in the aftermath of Oct. 7.

“Things aren’t getting markedly better,” said Ted Deutch, the CEO of the AJC, in an interview. “I don’t think that we can afford to accept it as a baseline. We can’t accept that, and America shouldn’t accept that.”

Surveying 1,222 American Jewish adults from Sept. 26 to Oct. 9, the AJC found a plateau in several indicators of sentiment.

Overall, 55% of American Jews reported avoiding specific behaviors in 2025 due to fear of antisemitism, including steering clear of certain events and refraining from wearing or posting things online that would identify them as Jewish.

The finding also marked no change since 2024, when 56% of Jews reported changing their behavior for fear of antisemitism, but was up from 46% in 2023 and 38% in 2022.

This year’s respondents were also asked if they felt “less safe” as a result of several high-profile recent antisemitic attacks, including the arson attack on Pennsylvania Gov. Josh Shapiro’s home in April; the deadly shooting of two Israeli embassy staffers in Washington, D.C., in May; and the firebombing of a demonstration for the Israeli hostages in Boulder, Colorado, in June.

About a quarter of respondents said the attacks had made them feel “a great deal” less safe, while 31% responded “a fair amount” and 32% responded “a little.”

Overall, according to the report, two-thirds of respondents said that they believed Jews in the United States were less secure than a year ago.

Deutch said the findings of the group’s latest report should serve not only as a warning for Jews, but as a “warning sign of the cracks in the foundation of our society” for the wider public.

“This is about more than just what’s happening to Jews,” he said. “We’ve always been first, the Jews have always been a canary in the coal mine, and we have to take this seriously. The broader community has to take this seriously for the benefit, not just of our Jewish community, but for our society and our democracy.”

For the first time, the AJC also asked American Jews whether they approved of the way President Donald Trump was responding to antisemitism in the country.

Roughly two-thirds of respondents said they disapproved of Trump’s actions, though views split sharply along partisan lines, with 84% of Jewish Democrats disapproving of Trump’s response at least somewhat compared to 9% of Jewish Republicans.

The survey comes as some Jewish leaders have lamented what they have described as the inefficacy of efforts to combat antisemitism.

Last month at the Second International Conference on Combating Antisemitism in Jerusalem, political theorist Yoram Hazony decried what he described as an “an extremely high level of incompetence by the entire anti-Semitism-industrial complex.” Bret Stephens, the right-leaning Jewish New York Times columnist, argued in an address last week that the Jewish community should abandon its efforts to combat antisemitism and instead invest in strengthening Jewish life.

For Deutch, the decision between combatting antisemitism and strengthening Jewish education and infrastructure was a false choice.

“It’s not a trade-off. We can’t afford to choose one or the other,” said Deutch. “We don’t have the luxury of deciding that we’re either going to invest in more education for our leaders and for ourselves and helping to create the next generation of well educated Jewish leaders, or engaging with the broader community and leaders across the broader community about the scourge of antisemitism.”

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