Connect with us

Uncategorized

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.

Continue Reading

Uncategorized

When it comes to Israel/Palestine, everyone is sure that everyone else is a bigot

Welcome to the Great Hardening, in which Zionists and Anti-Zionists have each decided that the other side is made up of Nazis.

Literally.

For many on the Hard Left, all Zionists are Genociders. Doesn’t matter if you’re in Standing Together or Smol Emuni — Zionism is settler colonialism and entails genocide. And on both the Hard Right and what I have come to call the Hard Center, Anti-Zionists are Antisemites. Doesn’t matter if you’re Jewish, or even a rabbi — all anti-Zionism, and even strong criticism of Israel, is antisemitism and thus bigotry.

As is typical of this decade of purity politics, each side embodies their rigidity by excluding the impure from the camp, as Leviticus 13:46 commands. On the Hard Left, some of my own progressive communities now explicitly ban “Zionists” (as they understand the term) from participation — at one event, a community meeting was halted because one person identified themselves as Israeli. Israeli DJs, including some who are vocally critical of Netanyahu and others who have “renounced their Israeliness,” have been banned at venues in London, Belgium and New York. Radical inclusion does not include “genociders.”

The Hard Center is equally uncompromising, defining its political opponents (often including liberal Zionists) as bigots who must be defeated, deplatformed and delegitimized. Anti-Zionist Jews aren’t even Jews, they say, and the term “genocide” is a blood libel. I have seen this firsthand as well; since daring to consider whether the term might apply to Gaza, I have not been invited as a scholar in residence or keynote speaker by a single mainstream Jewish organization. Meanwhile, leading institutions of the New York Jewish community now platform centrist or right-wing speakers exclusively, including at religious events happening next week.

On the Left, Right and Center, I have seen artists, academics, writers and musicians de-platformed for not condemning Israel, not condemning Hamas, mentioning Oct. 7, not mentioning Oct. 7, or issuing one’s condemnations without invoking the appropriate shibboleths. And, like the Levitical tzaraat, wrong views are contagious. If you fail to condemn someone who fails to condemn Israel, or Hamas, or antisemitism, or the occupation, then you are condemned.

As Shaul Magid has recently written, the limits of pluralism seem to have been redefined — and tightened. American Jews can accommodate disagreement on theology, halachic observance, intermarriage, LGBTQ inclusion and American politics — but not Israel. Magid himself was recently informed by a synagogue that “no one who is not a Zionist is permitted to speak from the pulpit.” (He identifies as a post-Zionist.) Meanwhile, students who privately protested the choice of Israeli President Isaac Herzog to speak at the JTS graduation had their jobs and livelihoods threatened as a result.

I know that there are many of us who feel caught between the Hard Left and Hard Center (and aren’t engaged with the Hard Right). Present company included, we are exhausted by all the shouting and shadow-banning. Is there nothing we can do about this? Is it just the new normal?

I want to make a case for a softening of the Hard Places — but I admit to some pessimism, because doing so may require a rethinking of what political arguments are really about. And the prescription I offer is thus, well, a little “soft.”

By which I mean: It addresses the real sources of all this hardening, which are emotional, and even spiritual. I mean a softening of the hard walls — built out of certainty, rage, and trauma — that demarcate the boundaries of pure and impure.

I don’t mean resolving our disagreements or pretending they don’t matter. They do matter. I also don’t mean centrism; writing this article, I took one of those online political quizzes and on a scale of 100, with 100 being the most conservative, I scored 15 on economic issues and 10 on social issues. That’s not the center.

What I mean is that our responses to these disagreements are not a matter of political ideology, but of more primal, instinctual drives. Consider: When someone says something you find strongly objectionable, how do you feel, physically? Often the response is physical disgust — like our Israelite ancestors, we want to put the defilement outside the camp. This is not an accident: Neuroscientists tell us that moral disgust activates the same parts of the brain as physical disgust. Which makes sense evolutionarily — it’s safest to keep the contaminant far away — but which affects how we tolerate dissent and disagreement in our midst. Often, we are repulsed by it.

Or consider this: Take a moment to reflect on how you feel — psychologically, tribally, morally, physically — about (take your pick) Israel or Palestine. Speaking for myself, I grew up loving Israel. Even before I visited it (in 1987, on a USY teen trip), I understood that it was the only place where I could feel fully at home. My group was in the majority. I could eat in all the restaurants. And I hated anyone who hated it. I had no space, intellectually or emotionally, for their narrative of 1948. And I still, to this day, have a love for the land and culture of Israel, where I lived for three years.

Is it not obvious that, when we love a person or place or country, we might be biased toward it?

Or maybe you’re on the other side of the emotional-political spectrum. Maybe you are in communities or close relationships with Muslims, Arabs, or others who have family directly impacted by Israel’s actions in Gaza, the West Bank, Lebanon, or Iran. Maybe you have seen videos or movies of atrocities in those places — of innocent children dead or maimed, of entire cities flattened by a supposedly defensive war. So of course you have emotional as well as political responses; you wouldn’t be human if you didn’t.

No wonder the Left and Center are putting up walls. They are in pain. And, as the saying goes, hurt people hurt people.

This is why nationalists never want to see the suffering on the other side. The cognitive and emotional dissonance is unbearable. The people you love have done horrible things. The enemy is not entirely evil; in fact there are many innocent people who have suffered. Their blood, too, cries out from the ground.

Now can you reread the preceding paragraph from the other ‘side’?  Maybe the real sides aren’t Israel and Palestine, but Coexistence and Violence.

If these last few paragraphs sound a little ‘soft’, that is the point. Paraphrasing Rev. Dr. Martin Luther King, Jr., hardness cannot drive out hardness. Only softness can do that: coming to see our own pain, sharing vulnerability and uncertainty, and understanding that questions of Palestine and Israel are as emotional as they are political, for all sides of the debate, including the center and right.

I am not naïve here, which is why I am pessimistic. I know, obviously, that the Hard Left, Hard Right, and Hard Center are composed precisely the people least interested in processing our grief or leading with vulnerability. But that doesn’t mean their trauma isn’t there. They’re just enacting it unconsciously rather than consciously.

They may seem like the strong ones, but they are not strong enough to face their own pain.

But doing this kind of inner work is not impossible; I have seen it work in my own life. And then seeing multiple narratives, cultivating intellectual humility, and recognizing that, in fact, there are coherent worldviews on all sides — all that becomes the easy part. When it comes to Israel/Palestine, I have Socialist and Jewish Voice for Peace friends whom I regularly consult for their takes, and I have Security Hawk and Soft Center (by which I mean: sad that coexistence seems impossible, but not hardened or nationalist) friends with whom I do the same. It works because we have been friends for a long time, and when we have argued intensely in the past, there’s been time to let the anger cool. We are invested in one another as people, not as bearers of positions. And when I see myself getting triggered, I step back from the brink.

Maybe we need a change of Jewish metaphor, away from Leviticus and its lepers, and toward the Talmudic sages and their modeling of constructive disagreement. Sincere debate, they said, is l’shem shamayim — for the sake of heaven. And when the disagreement cannot be resolved, elu v’elu divrei Elohim Chayim; both views are the words of the living God. The sage Rabbi Meir even continued to learn from Elisha Ben Avuyah after he committed apostasy.

These rabbis were not softies; they resisted imperialism, created a new form of religious life, and probably saved the Jewish people. Many of them were martyred. And yet they were ‘soft’ in the best ways: They were emotionally, spiritually and intellectually permeable, and, though still limited by their culture in many ways (sexism, for example), they were able to live in community even while strongly disagreeing with one another.

Can we?

The post When it comes to Israel/Palestine, everyone is sure that everyone else is a bigot appeared first on The Forward.

Continue Reading

Uncategorized

Elected PA Jewish judge leaves Democratic party, citing ‘disturbingly common’ antisemitism

(JTA) — An elected Supreme Court justice in Pennsylvania announced Monday night that he has left the Democratic Party and registered as an independent, citing concerns about antisemitism.

In a statement, David Wecht, who is Jewish and served as Pennsylvania’s Democratic Party chair from 1998 to 2001, said he believed antisemitism has moved from the fringe of the Democratic Party to the mainstream.

“Nazi tattoos, jihadist chants, intimidation and attacks at synagogues, and other hateful anti-Jewish invective and actions are minimized, ignored, and even coddled,” he wrote. “Acquiescence to Jew-hatred is now disturbingly common among activists, leaders and even many elected officials in the Democratic Party.”

Wecht wrote that he had long understood that antisemitism “always festered on the fringe” of the right, a fact that hit home in 2018 when a far-right shooter killed 11 people at the Tree of Life synagogue in Pittsburgh where he and his wife were married in 1998.

“In the years that have followed, that same hatred has grown on the left,” he said in his statement. “It is the duty of all good people to fight this virus, and to do so before it is too late.”

Wecht previously made national headlines for his 2020 ruling against an effort to overturn President Joe Biden’s victory in Pennsylvania.

Through a spokesperson, Wecht declined to be interviewed about his exit from the Democratic Party.

Wecht’s comments come as Democrats wrestle with a range of internal tensions over antisemitism. The ascent of Graham Platner, an oyster farmer who recently covered up a Nazi Totenkopf skull-and-crossbones tattoo, to become Maine’s Democratic candidate for Senate, and the increasing coziness between some progressive politicians and Hasan Piker, the leftist streamer who has said he favors Hamas over Israel, have particularly alarmed some members of the Jewish community.

Wecht is the son of renowned forensic pathologist Cyril Wecht, who was involved in investigating the assassination of President John F. Kennedy. Wecht’s mother, translator Sigrid Ronsdal, spent the first six years of her life living under Nazi occupation in Norway.

“I know David and his legendary father, Cyril,” Pennsylvania Sen. John Fetterman, who has clashed with his party over Israel, tweeted following Wecht’s announcement. “As I’ve affirmed, I’m not changing my party—but I fully understand David’s personal choice. The Democratic Party must confront its own rising antisemitism problem.”

The post Elected PA Jewish judge leaves Democratic party, citing ‘disturbingly common’ antisemitism appeared first on The Forward.

Continue Reading

Uncategorized

At Abraham Foxman’s funeral, an elegy for the last generation with direct ties to the Holocaust

(JTA) — As mourners gathered Tuesday for the funeral of Abraham Foxman, they were saying goodbye not only to one of the most influential Jewish leaders of the last half-century, but to one of the dwindling number whose moral authority was forged in the Holocaust itself.

Foxman, who died Sunday at 86, spent decades as one of the world’s most recognizable Jewish advocates, serving for nearly 30 years as the ADL’s top professional and another two decades before that in its leadership ranks. Presidents sought his counsel. Antisemites sought his absolution. Popes welcomed him. Prime ministers argued with him.

Many of the speakers at Park Avenue Synagogue credited his accomplishments to his outsized personality, his sense of humor and his intuitive leadership skills. And yet his past hung heavy over the funeral, which also served as an elegy for the last generation of survivors and how, like Foxman, they shaped Jewish communal life in the years after World War II and the founding of Israel. Born in Poland, Foxman survived the war in the care of his Catholic nanny.

“His life story of rising from the ashes is our story,” said Israel’s president, Isaac Herzog, in a video tribute. “It is the story of our people born in the world at war. The Holocaust shaped Abe’s character and defined his mission to combat antisemitism and hypocrisy, to call up racism and bias, to speak up for the Jewish people and a Jewish democratic state of Israel.”

Others recalled that beyond fighting antisemitism, Foxman’s past inspired him to build a communal juggernaut that championed pluralism, democracy and civil rights.

“He knew exactly what the absence of those things looked like,” said Stacy Burdett, a former ADL colleague, referring to the Holocaust. “Abe lived in our world as a moral witness, not just to what human beings can survive, but to what they’re obligated to defend.”

Packing the sanctuary were Jewish communal leaders, former ADL colleagues and bold-face Jewish activists such as the lawyer Alan Dershowitz and the New England Patriots owner Robert Kraft. (Not able to attend was Jonathan Greenblatt, Foxman’s successor at ADL, whose mother died in Florida on Saturday.)

When they weren’t recalling Foxman’s early trauma and subsequent accomplishments, eulogists painted a portrait of a Jewish communal warrior as a consummate hugger.

Thomas Friedman sent a video tribute, recalling how they met when the future New York Times columnist was a camper and Foxman was a counselor at Herzl Camp in Webster, Wisconsin. (That’s also where Foxman met his wife, Golda, who survives him, as do his two children and four grandchildren.) Friedman said that no matter how often or angrily they disagreed over something Friedman had written, usually about Israel, Foxman would sign off with affection.

“It’s true, if Abe really disagreed with you, you always knew because his text would end ‘love you, hugs,’” said Burdett. “The more strongly he disagreed, the more hugs and the more emojis.”

Former White House domestic policy adviser Susan Rice, in a video tribute, recalled shouting matches with Foxman during the Biden administration that left aides outside her office terrified.

“And when Abe and I emerged laughing and hugging,” she said, “we both had to reassure my team that all was fine, that we loved each other and not to worry.”

Rice credited Foxman with helping shape the Biden administration’s national strategy to combat antisemitism, and thanked him for defending her when others attacked her personally for administration positions on Iran and Israel.

But even as his children and grandchildren recalled Foxman as a family man, the shadow of the Holocaust fell across the synagogue’s ornate, Moorish-style sanctuary.

“You were a hidden child,” his daughter Michelle said, “and at the same time, you sought to hide the trauma from your children.”

She said she learned much of her father’s Holocaust story not from conversations at home but from his speeches, interviews and articles.

Foxman, who became ADL’s national director emeritus when he stepped down in 2015, was certainly among the last survivors to lead a major Jewish organization.

Fewer and fewer of those witnesses remain; according to the Claims Conference, as of January 2026, an estimated 196,600 Jewish Holocaust survivors are still alive. Nearly all are “child survivors” who were born after 1928.

In discussing how Foxman’s childhood shaped his activism, Sarah Bloomfield, director of the United State Holocaust Memorial Museum, recalled his traumatic childhood. His Polish Jewish parents fled to present-day Vilnius after the Nazi invasion of Poland; when Vilnius too came under Nazi control, his parents left him in the care of his nanny, who baptized him as a Catholic.

“This is what he said: ‘I’m only here because one Polish woman made a choice to save a Jewish child,’” Bloomfield recalled Foxman telling her. “She risked her life to protect the life of another human being, a Jewish child in Hitler’s Europe. Her name was Bronislawa Kurpi.”

Rabbi Elliot Cosgrove, senior rabbi of Park Avenue Synagogue, said Foxman was less interested in the “logistics” behind his survival (he and his parents were only reunited after several bitter lawsuits) than in the “singular moral act” of his rescuer. “In a world consumed by fire,” Cosgrove said, “one human being chose courage, one person chose decency, one person chose light.”

His grandson Gideon recalled asking Foxman how his history shaped his life’s work.

“He said that he felt obligated to make something of himself so that all the other Jewish children who perished in the Holocaust didn’t die in vain,” Gideon said.

And up until the end, said Burdett, Foxman was still feeling that obligation, shaped by a cataclysm that for many is becoming a distant memory, when recalled at all.

She recited his remarks last year during Yom Hashoah ceremonies at the U.S. Capitol.

“As a [Holocaust] survivor, my antenna quivers when I see books being banned, when I see people being abducted in the streets, when I see government trying to dictate what universities should teach and whom they should teach,” Foxman said at the time. “As a survivor who came to this country as an immigrant, I’m troubled when I hear immigrants and immigration being demonized.”

The post At Abraham Foxman’s funeral, an elegy for the last generation with direct ties to the Holocaust appeared first on The Forward.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News