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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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Ladino-speaking pirates, genies and grumpy demon cats: PJ Library expands bookshelves with Sephardic stories
In 1940s Baghdad, a little girl named Na’ima tries desperately to stay awake all night for Shavuot. In wartime Libya, a young boy embarks on a supernatural quest to find a lost city. In 19th-century Morocco, a father’s frustration with his son’s teacher leads him to a rabbinical court.
Until recently, none of those stories would have been likely candidates for mainstream American Jewish children’s books. Now, they are among the first titles slated for publication through PJ Library’s Sephardic Stories Initiative, a fellowship launched in 2024 to support authors writing tales that reflect Sephardic, Mizrahi and Ethiopian Jewish traditions.
For more than two decades, PJ Library has mailed free Jewish children’s books to families around the world. Today, it distributes roughly 670,000 books monthly in more than 40 countries. According to Alisa Koyrakh, the organization’s director of books, those stories have historically reflected a familiar slice of Jewish life.
“There are just a lot of Ashkenormative stories out there—a lot of stories about Yiddish, the Lower East Side and immigration from Eastern Europe,” Koyrakh said. “Those are all really important stories. But we saw gaps. It was kind of obvious.”
The Sephardic Stories Initiative intends to fill those gaps, bringing together Sephardic and Mizrahi writers for a year of workshops, editorial mentorship and critique from their peers.
Arnon Z. Shorr, whose first foray into children’s literature was a fiction book about Ladino-speaking Jewish pirates (yes, those were actually a thing), described his forthcoming graphic novel, Pedahzur and the Quest for the Hidden City, as a supernatural adventure set in Libya in the mid-1940s.
Knowing 1940s Libya is more often associated with Fascist persecution of Jews in North Africa—not talking cats and magical quests – Shorr laughed.
“I just got a kick out of it because it’s so not what anybody ever expects,” he said.
For Shorr, it was important to write a story connected to his family’s Libyan heritage. He spent hours digging into North African Jewish folklore to draw inspiration.
“There are historians and academics who do fantastic work looking into these things,” he said. “But their work doesn’t necessarily get read by 10-year-olds. I try to channel some of that into a fun genre—a desert adventure with genies and grumpy demon cats.”
Israeli author Rinat Hadad Siegel also found inspiration in an unlikely place: the Farhud, the violent pogrom that erupted in Baghdad during Shavuot in 1941, killing scores of Jews.
Her book, Na’ima’s Shavuot Eve, follows a little girl determined to stay awake all night alongside the adults celebrating the holiday that marks when God gave the Torah to the Jewish people at Mount Sinai.
For Siegel, writing about a place she has never been to —and cannot visit—posed a challenge. Once home to one of the world’s oldest and largest Jewish communities, Iraq today is believed to have only a handful of Jews remaining, and travel there by Israelis like Siegel is effectively impossible.
She worked to piece together the Baghdad her family inhabited by interviewing relatives —including an aunt who survived the Farhud—and digging through Iraqi Jewish archives.
“I would go to different libraries and find books about it, and you can see the amount of dust,” she said. “Nobody has touched them for years.”
Although the book doesn’t mention the Farhud directly, it contains subtle nods to the tragedy, including an illustration of a memorial for family members who perished and decorative amulets that Iraqi Jewish children typically wore on Shavuot.
Siegel hopes children will connect with the story’s universal moments—wanting to stay up all night with the grown-ups—as well as its distinctly Iraqi Jewish setting, from sleeping on rooftops overlooking the Tigris River on warm nights to eating kahi, a flaky Iraqi pastry traditionally served on Shavuot.
But expanding the offerings of Jewish children’s literature beyond Ashkenazi narratives is not merely a creative endeavor. It’s also a way to broaden the public conception of Jewish identity at a challenging time, Shorr said.
According to an analysis of the Publishers Marketplace database, there was a 76% decrease in fictional book deal announcements that mentioned Jews, Judaism or Israel between 2023 and 2024. By 2026, there was an 82% decline.
A July report by PEN America, a nonprofit that advocates for free expression and writers’ rights, found that many Jewish authors have faced challenges publishing openly Jewish work since Oct. 7. Many of the authors interviewed for that report cited publishers’ fears of boycotts of Jewish or Israeli stories, which made getting their work published challenging.
“The narrow view that we get of who Jews are and what Judaism is about through Hollywood, mass entertainment—whatever—leaves too much room for people to invent more of the story for themselves,” Shorr said. “I think that becomes very dangerous for us.”
Koyrakh said getting Jewish children’s books with unfamiliar settings and storylines published by major publishing houses has long been a challenge.
“It’s much easier to get a Hanukkah book published by a major publishing house because that’s an easy story for publishers to know how to sell, put in the market and recognize. But we know there’s so much more to Jewish life than Hanukkah.”
The four inaugural books of the Sephardic Stories Initiative will be published by PJ Library and distributed to the Jewish families it serves. They include Na’ima’s Shavuot Eve, Pedahzur and the Quest for the Hidden City, Shai’s Lesson, set in 19th-century Morocco, and Signs of Magic, which takes place in mid-19th-century Tiberias.
Shorr hopes their publication will inspire the next generation of Jewish storytellers.
“I didn’t want to commit my career to backing myself into somebody else’s tale,” he said. “Because I hadn’t ever seen a story about anybody like me, I couldn’t imagine it.” Looking back, he said, “The lack of mirrors meant it took much longer for me to start creating mirrors of my own.”
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Netanyahu and Lapid vie for a critical title: Who is Israel’s most adept U.S. whisperer?
(JTA) — WASHINGTON – Benjamin Netanyahu, the Israeli prime minister, and Yair Lapid, the leader of his opposition, are in Washington, ostensibly to attend the funeral of one of the staunchest pro-Israel American politicians, Lindsey Graham.
They are also, as Lapid made clear in an appearance Monday at the influential Atlantic Council think tank, launching a bruising election campaign and are intensely seeking the favor of a constituent who does not vote in Israel on Oct. 27: President Donald Trump.
Or more broadly, the favor of Americans.
Israeli-born Netanyahu, who was raised in Philadelphia, has made a career of defining himself as his country’s best, even inevitable, envoy to its most important ally. He met with Trump on Tuesday. Lapid in his speech sought to portray Netanyahu’s public diplomacy – the defining characteristic of his political career – as busted and harmful.
“The first step is obvious” to restoring Israel’s reputation, Lapid said. “Send into retirement Benjamin Netanyahu and his group of extremists who are tearing us apart at home and abroad.”
Lapid, who speaks in fluent but accented English, says he wants to be the foreign minister in the next government, one led by Naftali Bennett, a security hawk, as prime minister. He, too, claims an intimacy with the American psyche, evident in an essay he just published in The Atlantic about the cross-country road trips he takes every several years.
Netanyahu is on a mission to secure support for continuing and winning the war he and Trump launched against Iran. In remarks in Hebrew he recorded just prior to leaving Israel on Monday, he leaned into his friendship with Trump.
“I am on my way to Washington to a meeting with our friend the president of the United States, Donald Trump,” he said, standing with his wife, Sara, outside the airplane. “This is my eighth meeting with him since he was elected for his second term, more than any other world leader. It is a great privilege, and also a great responsibility.”
Both Lapid and Netanyahu claimed a closeness to Graham, the South Carolina Republican senator who helped Netanyahu cajole Trump into the war with Iran. Graham, Netanyahu said, was “a true friend of mine and the state of Israel.” Lapid inserted Graham into his argument that the long term goal for Israel and the United States should be the collapse of the Iranian regime. “The last conversation I had with the late Lindsey Graham was about this,” he said Monday.
Lapid at the outset of his remarks sought to erode Netanyahu’s reputation as an America whisperer, saying the coming election would “be the most dramatic, the most crucial, the most intense the country has ever seen.”
“Here is the not to-do list for the Israeli government if you don’t want to witness the complete collapse of the country’s international status.”
Lapid accused Netanyahu of isolating Israel by caving to extremists in his government and alienating allies. Instead, he laid out a formula for how the next prime minister would govern.
“If a minister in your government says a nuclear bomb should be dropped on Gaza, fire him. If a minister in your government says there are circumstances in which it is acceptable to starve the civilian population, fire him. If a minister stands over a large group of handcuffed activists lying on the floor of a detention facility, waving a flag and mocking them, fire him,” Lapid said.
He was referring, respectively, to controversial statements and actions by Heritage Minister Amichai Eliyahu, Finance Minister Betzalel Smotrich and National Security Minister Itamar Ben-Gvir, some of which have been used to fuel the claim that Israel is committing genocide against Palestinians in the war Hamas launched on Oct. 7, 2023 with deadly raids inside Israel.
Netanyahu’s mission comes at a perilous juncture in the U.S.-Israel relationship, and his own reputation. Trump’s approval ratings are at a low as the war appears to have generated victories for Iran, which now controls the Strait of Hormuz, the waterway critical to the passage of a fifth of the world’s petroleum. Inflation has skyrocketed, US allies are furious, and Americans in large majorities oppose the war, just as Trump is facing his own electoral test less than 100 days before the midterm elections.
Netanyahu is unpopular in the United States, and for the first time, Americans are more likely to favor Palestinians than Israelis. An Economist poll published Tuesday showed half of Americans supported Netanyahu’s arrest. Trump wants Israel to stay out of the war, crippling Israel’s ability to influence the outcome of the conflict that continues to loom on its border with Lebanon, where Hezbollah, Iran’s proxy, hopes to regain its strength.
Lapid’s audience here is mostly left of center: His host at the event was Daniel Shapiro, the Obama administration’s ambassador to Israel. A spokesman for Lapid said that other than his attendance at Graham’s funeral, his only public appearance on his trip to the United States this week would be with a group of Democratic senators.
The Atlantic Council is bipartisan, but its Republican component is made up mostly of the old-school believers in alliances that Trump has all but ousted from the party. Seated in the front row was Stephen Hadley, the national security advisor to former President George W. Bush, who is a board member of the Atlantic Council.
Lapid said reconciling with Democrats would be a priority in the next government, should his dream team emerge victorious: Bennett as prime minister, Lapid as foreign minister and Gadi Eisenkot as defense minister. Eisenkot, who has in recent polls surpassed Bennet and Netanyahu, obviously might have different ideas about who gets which job.
“Elizabeth Warren, John Ossoff and Tim Kaine are not the enemy,” he said, referring to Democratic senators from Massachusetts, Georgia and Virginia who have been critical of Israel’s conduct of the Gaza war, and who have voted to suspend defense assistance to Israel. “The Democratic Party is not the enemy.“
Bennett and then Lapid were rotating prime ministers during the last government’s eighteen months of tenure in 2021 and 2022, interrupting Netanyahu’s 12 year run launched in 2009. Netanyahu by then was already persona non grata among Democrats for his all-out campaign against President Barack Obama’s Iran policies.
Lapid, like others running against Netanyahu, appeared cowed by Netanyahu’s attempts to tar their past association with Mansour Abbas, the leader of the United Arab List. Bennet and Lapid made history by including the party in the governing coalition. That would not happen again, Lapid said, although garnering enough seats to govern is more daunting without the inclusion of Arab parties.
“I have a lot of conversations about this with Mansour Abbas, who seems to understand this better than some of my Jewish friends, the fact that maybe it’s time for a coalition that will be made of only of Zionist parties,” he said.
Lapid’s greater affinity to Democrats notwithstanding, he took shots at Netanyahu’s relationship with Trump – arguing that he was the better friend to the president’s Middle East agenda. He noted that last year he brought Trump’s 20-point plan for bringing peace to Gaza to a Knesset vote – and that Netanyahu and his coalition partners absented themselves from the Knesset rather than vote for it.
“I passed the 20-point plan, I did it just to bend Netanyahu’s arm into it,” he said. Netanyahu could not afford to back the plan because its provisions anticipating Palestinian self-governance might have cost him his right-wing coalition partners. ”So I got all the compliments from the American administration,” Lapid said. “It was fun.”
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2 Jewish-owned Toronto bagel shops hit with gunfire, vandalism
(JTA) — Locals lined up outside a Toronto bagel shop on Monday in a show of support after attacks on two outposts of the Jewish-owned chain, adding to a string of incidents facing Jewish businesses in the city.
Two locations of Kiva’s Bagel Bar, a fixture for Toronto Jews since it opened in 1979, were targeted late Saturday and early Sunday. Gunfire hit the windows of one storefront just an hour after another storefront was vandalized and its front glass shattered, according to the Toronto Police Service.
Police said their Hate Crime Unit was investigating, and they believed the same SUV may have been involved at both scenes. The bakeries were closed at the time and no injuries were reported.
Canadian Prime Minister Mark Carney said he was “appalled” by the attacks. “Jewish Canadians should be able to live, work, and worship free from fear, intimidation, and hate,” he said on X on Monday. “Canada’s government is absolute in our commitment to combatting the scourge of antisemitism.”
Toronto Mayor Olivia Chow added on X that the incidents were “vile and unacceptable” and said she “will always stand with Toronto’s Jewish community against antisemitism.”
Residents flocked to Kiva’s and sold out their bagels by 10:30 a.m. on Monday, according to the Centre for Israel and Jewish Affairs, an advocacy arm of the Jewish Federations of Canada. Resident Adrian Rocca, the founder of a local real estate company, posted a photo on LinkedIn of his employees lined up outside.
CIJA said the Canadians rallying around Kiva’s sent a message that “there are a lot of good people ready to take a stand against hate, intimidation, and violence.” The Jewish Telegraphic Agency reached out to Kiva’s for comment.
As police searched for suspects in the bagel shop attacks, a gunman opened fire on the U.S. Consulate in Toronto early Monday morning, setting off a high-speed chase and a manhunt. Police have not confirmed any connection between the gunfire at the consulate and at Kiva’s.
The shooting at the consulate marked the second in four months. Toronto police have arrested three people connected with the previous consulate attack, as well as several others accused of shooting at Jewish targets in the city in recent months. At a press conference last month, Police Chief Myron Demkiw identified a “broader pattern” between the shots fired at the consulate and at Toronto-area synagogues and Jewish schools over the past year.
“What we are dealing with in this case and in other unrelated incidences, including shootings at synagogues and Jewish schools, is a recurring and similar modus operandi — and that is criminals for hire,” said Demkiw. “Through encrypted messaging apps, young people are hired to carry out attacks against various targets, and in order to get paid, they’re required to film their attacks.”
Carney pledged in June to fight antisemitism through a new Ministerial Advisory Council on Rights, Equality, and Inclusion. In his speech at Toronto’s Holy Blossom Synagogue, he said that the country was “failing Jewish Canadians.” Two-thirds of Canada’s religion-motivated hate crimes last year were directed at Jewish Canadians, who make up only 1% of the population, Carney said.
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