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She represents the ‘worst of the worst.’ Now Judy Clarke is leading the defense in Pittsburgh synagogue massacre trial.
PITTSBURGH (Pittsburgh Jewish Chronicle via JTA) — When Judy Clarke delivered her opening statement to the jury that will determine the fate of the man charged with committing the massacre in the Tree of Life synagogue building, she did not deny that her client was responsible.
In fact, she sympathized with the victims and their families.
Clarke, 71, began her address by acknowledging the horror of Oct. 27, 2018, and its aftermath.
“The tragedy that brings us together today,” she said in a soft-spoken yet confident voice, is “almost incomprehensible. It’s inexcusable. … Eleven lives were taken, others shattered. The loss that occurred is immeasurable.”
She told the jury there was “no disagreement, no doubt” about the identity of the perpetrator. It was “the man seated at that table,” she said, indicating her client. “He shot every person he saw and, in the process, injured others in their sacred spaces.”
Clarke was appointed to Robert Bowers’ defense team in December 2018, after he requested the counsel of a federal public defender specializing in death penalty cases. He faces 63 criminal counts related to his attack on congregations Dor Hadash, New Light and Tree of Life*Or L’Simcha. Many of the charges carry the death penalty.
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As the trial proceeds, Clarke won’t try to convince the jury her client isn’t guilty. A “win” for her defense team will be for the defendant to avoid a death sentence and instead have him remain in prison for the rest of his life.
Clarke has vast experience defending those whom some call “the worst of the worst.” Her roster of past clients includes Susan Smith, who murdered her two young sons by drowning them in a lake in South Carolina; Theodore Kaczynski, otherwise known as the Unabomber; Buford Furrow, a white supremacist who opened fire in a Jewish community center outside of Los Angeles in 1999; Eric Rudolph, who planted a bomb in Centennial Olympic Park in Atlanta during the 1996 Summer Olympics; and Dzhokhar Tsarnaev, a perpetrator of the Boston Marathon bombing.
Except for Tsarnaev — whose case is under appeal — Clarke succeeded in avoiding a death sentence for all her clients, either by negotiating a plea deal or by convincing the jury that mitigating factors, such as a mental illness, precluded imposition of the ultimate punishment.
Clarke’s team tried to negotiate a deal for a life sentence for Bowers in exchange for a guilty plea but was unsuccessful. Four and a half years after the deadliest antisemitic attack in U.S. history, the three-week jury selection process commenced on April 24 and testimony began on May 30.
“This is not a straightforward murder case,” Clarke told the jury in her opening statement. The federal charges — which include obstruction of free exercise of religious beliefs resulting in death — must be proved by showing the defendant had the requisite intent to commit those particular crimes, she said.
She acknowledged that her client’s actions on Oct. 27, 2018, were “reprehensible” and “misguided” and recounted his virulent social media postings and other rantings about Jews. But she also portrayed him as “quiet” and “socially awkward, a man with few friends.” He didn’t live on his own until he was 44, she said, and his family saw him as someone “more likely to commit suicide than kill others.”
It’s clear that Clarke is appalled by her client’s actions. It’s also clear that she is determined to see that his rights are protected and that the judge and the jury faithfully apply the rule of law.
“Judy is one of the best lawyers I’ve ever known,” said Laurie Levenson, a professor at Loyola Law School in Los Angles and a former federal prosecutor. “She works insanely hard. She spends the time with the clients that she needs to. She doesn’t believe in the death penalty, and she’s devoted herself to representing people who are, you know — ‘the Voyage of the Damned’ is what she would say.”
Levenson, who has known Clarke for three decades, described her as “honest” and “very humble.”
“She doesn’t stand against the victims,” Levenson stressed. “I think she actually feels very much for the tragedy that occurred. But she has a job to do, which is to try to save her client’s life. And she does it with integrity.”
The two met during the Unabomber case, when Clarke was representing Kaczynski and Levenson was a legal commentator for CBS. Kaczynski at first resisted a plea deal sentencing him to life in prison because he did not want to admit to mental health issues.
Defense attorney Judy Clarke, at right, responds to questions at a press conference after the trial of Unabomber suspect Theodore Kaczynski was delayed in Sacramento, California, Jan. 8, 1998.(Rich Pedroncelli/AFP via Getty Images)
“She had a very difficult client, one that I think a lot of people would just sort of throw up their hands and say, ‘What can I do?’” Levenson recalled. “And she was able to get him to agree to that plea, which probably saved his life.”
Ted Kaczynski’s brother, David Kaczynski, praised Clarke for her ability to see humanity, even in those who have committed unspeakable atrocities.
“She has a really good heart, a really good intention,” David Kaczynski said. “I think she really cares about her clients. I think she has a kind of unconditional commitment to their humanity. And, of course, that meant a lot to me, because as much as I deplore what my brother did in harming people, I love him. He’s my brother.”
“So it’s a very fine line to walk, representing the client who has clearly got some serious personal problem,” he continued. “Ted was quite a loner. He was very shy. He had a very difficult time connecting with anybody. And in this very difficult situation, Judy was able to be there for him, and I think that was really meaningful for Ted, that he had some support, some human connection at this time of crisis in his life.”
David Kaczynski has followed Clarke’s career and continues to be impressed with her “professionalism and sense of humility.”
“I think the legal profession is trained to be strictly analytical and adversarial,” he said. “And she somehow works within this environment in a way that preserves her humanity as she’s trying to make people aware of the humanity of someone whose very right to exist is in question.”
Some question whether a person who has committed a heinous crime deserves a zealous defense. Levenson insists they do.
Our judicial system is “best served” when capital defendants are provided with a high-caliber defense, Levenson said, because “it’s in these situations where people are so emotionally invested that we can get it wrong.”
In addition to being a former prosecutor, Levenson created the Loyola Project for the Innocent, which works to get those who are serving sentences for crimes they did not commit out of prison.
Defense attorney Judy Clarke, seen here in Pittsburgh in 2023, is representing the man accused of murdering 11 Jews during Shabbat services in Pittsburgh in 2018. (Screenshot from KDKA report)
“I’ve seen firsthand that there are far too many lawyers who just immediately assume that their client’s not only guilty but should get the most severe punishment — that there’s nothing to be said on their client’s behalf,” Levenson said. “And you and I both know there’s a lot more to any given case, and that even people who do terrible crimes have other aspects of their lives that the justice system should consider.”
“In our system, we are supposed to consider each case, each individual, the facts, and not only determine whether someone’s guilty but what should happen to them,” she continued. “And that works well. When you have a lawyer who’s just going through the motions — and the one thing you can say about Judy is she doesn’t just go through the motions — I think the public can have more confidence in the verdict. As long as that lawyer is acting honestly and with integrity, it’s so much better to have that zealous advocate.”
The massacre at the Tree of Life building “was just a terrible, terrible, terrible tragedy,” said Levenson, who is Jewish. Clarke “will do her best to keep the case in perspective. In other words, focus not on big messages, but on this individual and any mitigating factors for this individual.”
Jon B. Gould, dean of the School of Social Ecology at the University of California-Irvine, has researched attorneys who specialize in death penalty cases. In 2019, along with Maya Pagni Barak, he published “Capital Defense: Inside the Lives of America’s Death Penalty Lawyers,” a book based on extensive interviews, providing insight into the reasons someone would willingly represent a person who has committed an egregious crime.
“They are an unusual kind of lawyer,” Gould said. “They’re actually an unusual kind of person because for many of these cases, they are representing what is sometimes said to be ‘the worst of the worst.’”
There are a variety of motivating factors for capital defense work, Gould said. Some of these lawyers are strongly opposed to state-sanctioned killing. For others, he said, “it is the excitement of the most complicated kind of law.”
Other death penalty specialists take the cases for “professional prestige,” and some do it for the money because capital defense lawyers get paid more than regular defense lawyers, Gould said. Some take the cases for religious reasons.
“Now, that’s all in the larger context of none of these lawyers looks at the facts of the case and thinks it’s anything other than a horrific tragedy,” Gould stressed. “I also found that for many of them, they are entirely sympathetic to the family members of the victims. They don’t look at these cases and think, no big deal. They look at these cases and think that’s something horrible that happened to the victim’s family, but they also look at the defendant and think, as one of them said to me, ‘No one gets to this place of being the defendant without having something horrible having happened to them earlier in life.’”
Death penalty cases are “really, really, really hard on defense lawyers,” Gould added. “It’s really distressing work. The evidence that they have to pore through is horrific. Many of them have PTSD.”
While many people “look at defense lawyers and think there must be something wrong with them,” Gould said it’s essential to remember “that they are fulfilling a very important function in the criminal justice system that none of us would ever want to have to do.”
“That doesn’t mean that any of us is unsympathetic to the victims,” he emphasized. “No one deserves what’s happened in any of these cases. But if we do believe in the rule of law, then there needs to be capital defense lawyers. And we need to respect the work they’re doing because that’s what it means to live in a system of rule of law and not simply a system where we simply execute people in the town square without the opportunity to have a defense.”
This story is part of ongoing coverage of the Pittsburgh synagogue shooting trial by the Pittsburgh Jewish Chronicle and the Pittsburgh Union Progress in a collaboration supported by funding from the Pittsburgh Media Partnership. It is reprinted with permission.
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Analysis: NYC synagogue protest protection vote gives Mamdani cover
The New York City Council’s passage of protest restrictions outside synagogues and schools is being closely watched by states and cities grappling with the targeting of Jewish institutions — but the two key bills both leave what happens next an open question.
Those uncertainties let Mayor Zohran Mamdani and the Jewish Council speaker who drove the package, Julie Menin, both declare victory and appeal to their respective sides of the anti-Israel protest divide.
Menin had originally sought to establish a 100-foot buffer zone around synagogues as part of a broader agenda to combat antisemitism — only to revamp it after Mamdani’s police commissioner and civil liberties groups objected. That amended bill now directs the NYPD to craft a plan within 45 days for managing protests around houses of worship. It passed by a 44-5 vote, a veto-proof margin.
But Mamdani could choose to veto the other key measure, which would similarly direct the NYPD to devise a protest response plan to protect access to schools — including institutions of higher education like Columbia University, where Gaza war protests roiled the campus. That bill passed 30-19.
This outcome offers Mamdani a political off-ramp. A strident critic of Israel who rose to power aligned with pro-Palestinian activism, Mamdani faces a different governing reality. The veto-proof synagogue bill allows Mamdani to avoid a direct confrontation with the Jewish community, already concerned about his recent responses to antisemitism and pro-Palestinian protests.
Meanwhile, his power to veto the schools measure gives him room to declare solidarity with the protest movement that helped bring him to power.
Mamdani also has a third option: take no action. Under city law, the bill would automatically take effect after 30 days without his signature or a veto.
The mayor has not indicated he would refuse to sign the bills. However, he cited “serious concerns” expressed by his allies about limiting New Yorkers’ constitutional rights.
Since taking office, Mamdani has walked a tightrope, resisting pressure to take clear positions that could alienate either progressive allies or Jews worried about rising antisemitism.
Menin’s major win
The vote also spotlighted Menin’s role as a counterweight to Mamdani on Jewish issues. The synagogue bill was her first piece of legislation, and her first major win since becoming the first Jewish speaker in city history, at a time when anti-Jewish incidents continue to make up a majority of reported hate crimes in the city. In remarks after the vote, Menin called it a “victory” and a personal milestone.
“We passed a historic package of bills that protects every single faith and allows every single person in New York City to go to their house of worship without fear of intimidation and harassment,” Menin said at the start of an Interfaith Passover seder she co-hosted with the Jewish Community Relations Council. “This is a very personal bill to me. This matters so much.” The event was held at Tsion Cafe, an Ethiopian Jewish restaurant in Harlem that closed earlier this year, citing security concerns after harassment and vandalism following Oct. 7.
Menin is expected to celebrate the bill’s passage with Jewish leaders Friday morning at Park East Synagogue, which was the site of a November protest that included antisemitic slogans and helped spur this action.
Jewish communal and pro-Israel organizations praised Menin for her leadership in statements after the bill’s passage.
Divisions within the Jewish Caucus
The divide around the schools measure, introduced by Councilmember Eric Dinowitz, co-chair of the Jewish Caucus, could prove less politically fraught for Mamdani. The bill drew opposition from 19 members, including two Jewish colleagues.
Dinowitz told the Forward that if Mamdani vetoes the measure, it would undermine police transparency and accountability, “and make students less safe.” He added that he would continue pushing the issue regardless of the mayor’s decision. “I look forward to the conversation the mayor may want to have about how we protect our students’ safe access to schools,” Dinowitz said.
His co-chair, Councilmember Lynn Schulman, said at the Seder event that she is prepared to whip the votes needed to override a veto. “We only need four votes,” she said.
Councilmember Lincoln Restler, who is Jewish, said in the council chambers that he opposed the measure over concerns it could restrict protests on college campuses. Dinowitz pushed back, saying the bill applies only to educational facilities on public property and does not target campus demonstrations.
A watered-down approach
The synagogue bill’s passage comes as similar protection proposals are surfacing elsewhere. Last week, a California state lawmaker proposed a 100-foot buffer around synagogues, and New York is weighing a 25-foot zone statewide.
The bills were revised multiple times from their original proposal following pushback from Police Commissioner Jessica Tisch, some progressive Jewish groups and free speech advocates, under threat of legal challenges. What began as a plan to establish buffer zones of up to 100 feet outside synagogues and other houses of worship was scaled back to giving the police department broad authority to design and implement enforcement guidelines. The final version does not explicitly ban protests or set a fixed distance requirement.
Menin said that in her early conversations with the mayor, Mamdani did not “indicate particular concerns.” Mamdani said in January that he ordered his law department and police leadership to review the proposal’s legality. Menin said those officials “had input on the bill,” and that input is reflected in the current language of the bill.
Outside City Hall, a group of Mamdani allies gathered during the vote to protest the measures.
Donna Lieberman, the executive director of the New York Civil Liberties Union, told the Forward that even the modified version of the bill gives the NYPD “free rein” in how the rules are enforced and risks signaling that protest activity is problematic.
“What it’s going to do is make it hard to protest in New York City,” Lieberman said. That runs counter to efforts to reduce over-policing, she added.
Audrey Sasson, executive director of Jews For Racial & Economic Justice, called on Mamdani to veto both pieces of legislation.
“We’re extremely disappointed that the City Council voted to pass Intros 001 and 175, bills that serve to generate headlines and convey concern, but not to materially make our city safer for all New Yorkers, including Jews,” Sasson said in a statement. “At best, the legislation changes little. At worst, it restricts New Yorkers’ free speech rights and empowers the NYPD to engage in discriminatory policing of protest outside houses of worship and educational facilities.”
Lieberman said the NYCLU will hold off on further action until the NYPD releases its implementation plan.
The post Analysis: NYC synagogue protest protection vote gives Mamdani cover appeared first on The Forward.
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Israel’s best-case scenario in Iran may also be its worst
If the war in Iran ends with every objective achieved — and it won’t — Israel may still come to regret its victory. The warnings of an ancient Athenian writer, an early right-wing Zionist and an Orthodox Jewish professor of biochemistry illustrate why.
Since the Hamas attack of Oct. 7, 2023, Israel has dismantled nearly every adversary that once threatened it. Hamas can no longer effectively launch rockets. Hezbollah is degraded. The fall of Bashar al-Assad’s regime gave Israel an opportunity to destroy Syria’s weapons stockpiles. And now Iran: Ayatollah Ali Khamenei is dead, other key leaders have been assassinated, and the country’s ballistic missile and nuclear capabilities appear to be in tatters.
None of this is likely permanent. Hamas is regrouping, Hezbollah is launching rockets, Syria may yet radicalize, and Iranian regime change is a fantasy. But even if Israel really does defeat its foes, history teaches a painful lesson: it is victory, rather than defeat, that can set the stage for a country’s collapse.
An ancient analog for modern Israel
When the historian Thucydides documented the rise and decline of Athens some 2,500 years ago, he told a story that feels eerily applicable to Israel in 2026: that of a vibrant state poisoned by its own power.
Athens’ emergence as a military hegemon also marked the onset of its corruption and decline. Initial victories over strong enemies set the stage for later follies, arrogance, and cruelty. Flush with confidence, the Athenians embarked on the Sicilian Expedition and overextended catastrophically. Before that, even, they articulated a credo that almost perfectly encapsulates Israel’s current approach to the Palestinians: “the strong do what they can and the weak suffer what they must.”
This isn’t to say that any country should forego military power. But even right-wing architects of Zionism recognized that such power must eventually become a conduit to sustainable peace.
‘The iron wall’
In 1923, Ze’ev Jabotinsky, the ideological founder of the Zionist right, wrote a famous essay arguing that Palestinians would never voluntarily agree to convert what was then mandatory Palestine “from an Arab country into a country with a Jewish majority.”
Therefore, he wrote, a Jewish state “can proceed and develop only under the protection of a power that is independent of the native population — behind an iron wall.”
But while that part of Jabotinsky’s philosophy clearly aligns with that employed by today’s Israeli right, there are two crucial differences between the two.
The first is that Jabotinsky affirmed that it is “utterly impossible to eject the Arabs from Palestine” and that “there will always be two nations in Palestine” — a far cry from Israeli messianists’ current dreams of wholesale ethnic cleansing.
The second is that Jabotinsky saw the “iron wall” he envisioned as the first step to eventual agreement in which both sides “agree to mutual concessions.” Power was a precondition for safety, but eventually diplomacy would reap the fruits of long-term peace.
Yet in recent years, Israel has largely eschewed the second part of Jabotinsky’s vision in favor of a “strong do what they can” attitude towards the Palestinians — and the rest of the world.
A ‘secret-police state’
Which brings us to Yeshayahu Leibowitz, a brilliant and influential Orthodox Jewish philosopher and biochemist who foresaw the danger that a “might makes right” ideology would incur for Israel.
Leibowitz dared to challenge the euphoria of victory following the 1967 Six-Day War, in which Israel defeated a coalition of Arab armies and drastically increased its territory. Writing the following year, he warned that “a state ruling a hostile population of 1.5 to 2 million foreigners” — the Palestinians in Gaza and the West Bank — “would necessarily become a secret-police state, with all that this implies for education, free speech, and democratic institutions.”
Leibowitz was not naive: he firmly recognized the need to “continue to fortify ourselves in our Jewish state and defend it.” But he understood that the military victory of permanent occupation would erode Israeli democracy from within. Nearly 60 years later, Leibowitz is, sadly, vindicated: Settlers are on the rampage, public media and the judiciary are under attack, and some experts have suggested Israel can no longer be considered a true liberal democracy.
A deal in the works
Leibowitz warned that, under the wrong conditions, victory can corrode democracy. The question: Can the gains earned through military success ever justify that risk?
Some might argue that a potential Iran deal in the works would validate Israel’s strategy, because it shows that successful negotiation sometimes depends on military action. That is partially true. Israel has effectively negotiated with countries like Egypt after conflict. Long-term peace with Arab states has emerged precisely from the diplomacy that occurred after victory.
But we should be extraordinarily skeptical that Prime Minister Benjamin Netanyahu is the man to manage that process. Prime Minister Menachem Begin, who returned the Sinai to Egypt to secure peace, had to muster extreme political courage to go against settler elements within his Likud party. Netanyahu, on the other hand, has folded over and over again to the radical demands of his ultra-right wing coalition.
The man who at this very moment is allowing Hamas to regroup in Gaza because he is avoiding a postwar plan should not be trusted to manage any kind of victory with Iran.
The paradox of victory
What’s even more worrying is that the more successful the campaign in Iran is, the more the Israeli right will likely weaponize victory as proof that force is the only strategy that works for Israel, and that all external critics can be safely ignored.
They will be wrong. And we know that, because that’s exactly the same argument that the right offered during and after the Second Intifada: unilateral security, achieved through Israeli might.
The Oct. 7 attack showed the folly of that promise.
Israeli military strength has perhaps never been greater, and its regional foes have never been less powerful. And yet the country’s international standing is at historic lows, and its people are being harassed, injured and killed by Iranian ballistic missile launches that persist despite the country’s best defensive efforts.
No, Israel should not lay down its arms. No, peace with the ayatollahs was never possible. And yes, sometimes force is the only option.
But long-term security, like the kind we’ve seen Israel successfully build with some Arab states like Egypt, comes from resisting the temptations of radicalization that military success brings.
Israel’s current government lacks the wisdom to take advantage of those successes. It will, in fact, warp a win into a reason to double down on isolationist thinking that will push the country further away from liberal democracy.
In other words: victory in Iran — a best-case scenario for Israeli security in the short run — may turn out to be the worst-case scenario for Israeli democracy long-term.
The post Israel’s best-case scenario in Iran may also be its worst appeared first on The Forward.
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Hundreds of Diaspora leaders call for action against ‘Jewish-extremist terror in the West Bank’
(JTA) — Over 1,000 Diaspora Jews are petitioning Israeli President Isaac Herzog to intervene against settler violence in the West Bank, saying that the settlers are threatening Israeli security.
“Mr. President, the terror, death and destruction inflicted by Jewish-Israeli extremists against innocent Palestinians across the West Bank is an abomination,” says an open letter published Thursday. “It is not only morally shameful but a strategic threat to the future of Israel. It damages world Jewry and the relationship of future generations with Israel.”
The letter continues, “Sadly, based on events and on the statements of the most extreme coalition partners it can be concluded that the violence now engulfing the West Bank is not only condoned by the government but is in fact policy.”
The letter was organized by the The London Initiative, a liberal Zionist network founded earlier last year to “strengthen Israeli democracy, advance a fairer shared future for all citizens of Israel, revive hope in the prospects of achieving secure peace, and improve relations between all Israelis and world Jewry.”
It comes as violence against Palestinians in the West Bank — often unpunished by Israeli authorities — has reached new heights, with settlers allegedly killing seven Palestinians in the last month, including one on Thursday, and driving others from their homes.
The situation has grown so extreme that the Israeli army this week took the unprecedented step of diverting soldiers from Lebanon, where Israel is battling Hezbollah, to the West Bank. Both the chief of staff of the Israeli Defense Forces and the Central Command chief have warned in recent days that conditions in the West Bank are contributing to a dire manpower shortage in the army.
The issue has also ignited concern from the United States, and from Israel’s U.S. ambassador, Rabbi Yechiel Leiter, who told Ynet that he believed the situation was deterring some in Washington from supporting Israel. He called on the rabbis of the West Bank to constrain their disciples.
“I’m so angry about the issue of Jewish riots in Judea and Samaria,” Leiter said. “It’s a handful of a few hundred people who are staining an entire enterprise — and everyone is silent.”
The new letter signed by Diaspora Jews calls on Herzog to advocate for change with Prime Minister Benjamin Netanyahu and his far-right ministers who have not interceded to stop the violence. The signatories include prominent philanthropists including Charles Bronfman; liberal rabbis from multiple countries; and former British and Canadian ambassadors to Israel.
“Mr. President, Pesach is upon us. As we have for millennia, Jews everywhere will reflect on the promise of freedom and responsibilities of power,” the letter says. “We call on you to use your position to implore the government to put an end to the abomination of Jewish-extremist terror and the era of impunity for its perpetrators.”
The post Hundreds of Diaspora leaders call for action against ‘Jewish-extremist terror in the West Bank’ appeared first on The Forward.