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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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Don’t dismiss Israel’s most rage-baiting minister as fringe
As Israel drifts toward another election campaign, National Security Minister Itamar Ben-Gvir this week offered voters — and the world — a grotesque glimpse of where a large branch of Israeli politics is heading.
Touring a detention facility holding activists from a Gaza-bound flotilla intercepted by Israel, Ben-Gvir waved a large Israeli flag before rows of bound detainees forced to kneel, mocked them as cameras rolled, and declared Israel was “in charge here.”
The images sparked domestic and international outrage. European governments summoned Israeli ambassadors. U.S. Ambassador Mike Huckabee, a staunch supporter of the Israeli right, charged on X that “Ben-Gvir betrayed” the “dignity of his nation.” Even Prime Minister Benjamin Netanyahu, in a rare move, publicly rebuked his own minister.
That rebuke should not be taken as a signal that Ben-Gvir may fade in power. Because while many Israelis still prefer to think of the controversy-courting minister as a fringe embarrassment attached awkwardly to an otherwise respectable nationalist movement, he is the true face of the Israeli right today.
A week ago, Ben-Gvir ascended the Temple Mount in Jerusalem — one of his many violations of longstanding norms governing the holy site — as tens of thousands of ultranationalist Israelis marched through the Old City in an annual celebration of its 1967 capture, many chanting “Death to Arabs.” The rabble rouser — whose multiple convictions include support for terrorist groups — recently celebrated his 50th birthday with two cakes adorned with nooses, a nod to the death penalty legislation for terrorists that he played a major role in getting passed. No surprise: The law is worded in a way that makes clear it is aimed at Palestinians only. Legislators allied with his camp wore noose-shaped lapel pins while promoting it.
This madness is not some accidental byproduct of the right-wing movement Netanyahu has led for decades, but its natural consequence.
For years, the mainstream nationalist camp, with Netanyahu as its most prominent figure, has sold Israelis an illusion: Israel can permanently control the West Bank — and perhaps Gaza, once more, as well — while forever suppressing Palestinian national aspirations, and still somehow remain both democratic and fully accepted by the democratic world.
The terminology changes: “managing the conflict,” “security control,” “economic peace.” But the underlying proposition remains the same. And it is a fantasy.
A country that indefinitely controls millions of disenfranchised people — where almost half the population does not have the right to vote — does not remain a true democracy. A state ruling another nation forever does not remain democratic either, even if elections formally continue among the population allowed to vote.
There are now roughly 15 million people living between the Jordan River and the Mediterranean Sea. About half are Jews, and half are Arabs. That demographic reality sits at the center of every serious discussion about Israel’s future. Yet much of the Israeli right pretends this reality barely exists, and ignores the increasingly brazen Jewish terrorism and the illegal seizing of outposts in the West Bank. Netanyahu himself speaks the language of caution, realism and statecraft, striving to reassure centrists and foreign governments alike that Israel remains fundamentally part of the democratic West.
Not Ben-Gvir.
Ben-Gvir speaks for those on the right who see only two possibilities when it comes to Palestinians: permanent Israeli domination without equality, enforced by as much violence as needed — or expulsion. Officially, much of the far-right prefers the former; once the cameras stop rolling, almost all of them predict the latter.
I was speaking to one prominent right-winger the other day, and asked what they had in mind for the Palestinians in the West Bank and Gaza. “Those who don’t want to destroy Israel can stay,” they said.
Obviously, that definition might include none of them, I noted. “Then get the trucks,” was the reply.
That wasn’t moral, I said. The reply: “Is it moral to force my children to fight forever?”
Ben-Gvir’s outrageous behavior is meant to appeal to people with this mindset. And it’s working. Polls show his Otzma Yehudit party expected to get perhaps 13 seats in the next Knesset — more than double their current six.
Moreover, Netanyahu’s Likud party itself has undergone a gradual shift to the right, with many of its Knesset members starting to sound little different from Ben-Gvir. That is why Ben-Gvir was able to ram through the disgraceful bill mandating the death penalty for terrorists.
This political calamity was not unexpected. The occupation of the West Bank, like unchecked power everywhere, was always bound to corrode political culture over time. The sleight of hand of non-annexation is growing old — in part because of Ben-Gvir’s influence, the number of settlements is expanding rapidly — and much of the Israeli right, consumed by hubris, wants to rip off the mask. Ben-Gvir is the most authentic expression of that transformation.
That is the dark reality hanging over the coming election, and the flotilla episode revealed the zeitgeist in its purest form. Israel already had complete control over the activists. They posed no meaningful threat. The performance was about domination, a theatrical display for a domestic political audience increasingly drawn to the aesthetics of vengeance and submission.
Challenged on Israel Radio about the wisdom of such a stunt at a time when Israel is facing a crisis in global public opinion, Yitzhak Kroizer, a Knesset member from Ben-Gvir’s party, offered this: “We’re done bowing our heads and apologizing.” He said the flotilla members were terrorists themselves for wishing to harm Israel, and that there is “great public support for an uncompromising stand.”
He’s right on that last point. Israel faces genuine enemies and genuine trauma. Hamas massacred civilians on Oct. 7, 2023. Hezbollah and Iran openly seek confrontation. Israelis have every reason to fear for their security.
But those realities still leave unanswered a central strategic question: What kind of country emerges from such prolonged conflict?
Ben-Gvir has given us one unsettling answer.
In 1995, a teenage Ben-Gvir famously brandished the hood ornament ripped from Prime Minister Yitzhak Rabin’s car and declared on Israeli television: “We got to his car, and we’ll get to him too.” Weeks later, assassin Yigal Amir did just that, and murdered Rabin.
Today, the target in Ben-Gvir’s sights isn’t Israel’s leader, but instead all of Israeli democracy.
The post Don’t dismiss Israel’s most rage-baiting minister as fringe appeared first on The Forward.
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Gaza and Israel go unmentioned in Democrats’ 2024 election autopsy report
(JTA) — Gaza and Israel go unmentioned in the Democrats’ 190-page autopsy of Kamala Harris’ 2024 presidential election loss that the Democratic National Committee released to CNN on Thursday.
Critics of the Biden administration’s support for Israel during the war in Gaza that began on Oct. 7, 2023, have alleged that the party was suppressing its internal findings about the election, which returned President Donald Trump to office, because it would show that Biden’s stance was deeply unpopular.
Axios reported in February that the top Democrats who worked on the report concluded that Harris “lost significant support because of the Biden administration’s approach to the war in Gaza.”
If that’s the case, it’s not reflected in the document that CNN published on Thursday morning. Portions of the document were not included, however, with notes saying that the executive summary and conclusion had not been shared by the authors.
The report points to 10 different “strategic implications” for Democrats, including that “anti-Trump sentiment has limits,” male voters “require direct engagement,” and that voter demographics are not enough to determine which candidate they’ll prefer.
CNN reported that the document was written by Democratic strategist Paul Rivera and annotated by the DNC. The DNC released the document following questions raised by CNN, the network reported.
DNC Chairman Ken Martin told CNN that the report was not yet ready to be publicly released, but concluded that withholding it would create a larger distraction than releasing an incomplete version. “I sincerely apologize,” he said.
“For full transparency, I am releasing the report as we received it, in its entirety, unedited and unabridged,” Martin said. “It does not meet my standards, and it won’t meet your standards, but I am doing this because people need to be able to trust the Democratic Party and trust our word.”
Halie Soifer, CEO of the Jewish Democratic Council of America, said she’d expected to see analysis related to Gaza and Israel in the report.
“As soon as it arrived in my inbox I immediately searched for the word ‘Gaza’ expecting there to be an entire section focused on this issue,” Soifer said in an interview. “So I was surprised that, in fact, there was nothing — on Gaza, Israel, Jewish voters, non-Jewish voters, it was just nothing.”
Though rumors had swirled about the role that Gaza played in the autopsy, Soifer said she heard from a DNC official that there was “never” a section focusing on the issue, “at least not in writing in this report.”
Meanwhile, the Institute for Middle East Understanding, a pro-Palestinian nonprofit, called on Martin to release “the information that the author of the autopsy told us clearly and unambiguously, which is that DNC officials’ review of their own data found Biden’s support to be a net-negative for Democrats in 2024.”
Rivera, the report’s author, met with the IMEU and told them that the war in Gaza hurt Democrats in the 2024 election, according to reporting by Axios.
Soifer said the JDCA was not contacted by Rivera, and did not meet with him.
The pro-Israel lobbying group Democratic Majority for Israel also said it had not met with Rivera. “Our current leadership has not met with the author and hasn’t been contacted,” communications chair Rachel Rosen told JTA.
While Soifer was surprised by the report’s omission of Gaza and Israel, DMFI took it as a sign that support for Israel does not have a detrimental effect on Democrats’ chances in elections.
“We need to learn the lessons of 2024 so we can be successful in 2026, 2028 and beyond,” said Brian Romick, DMFI’s president.
“What is clear — autopsy or not — is a majority of Americans, including Democrats, support the U.S.-Israel relationship, and that support was not the reason Vice President Harris lost the election,” he said.
A DMFI staffer pointed to polling from last fall showing that a majority of Democrats support the U.S.-Israel relationship.
And Soifer pointed to a poll published Friday by the Jewish Voters Resource Center, a nonpartisan firm, that found that more than two-thirds of Jewish voters plan to vote for Democrats this November — suggesting that Israel was not significantly moving votes in one of the demographics most likely to be invested in the issue.
“The poll also demonstrated that the top issue driving the Jewish vote in 2026 – just as it was in 2024 – is the future of democracy, followed by the cost of living. While 70% of Jewish voters have an emotional attachment to Israel, 55% opposed Israel’s conduct of the war in Gaza,” she said. “There is little evidence that the war in Gaza has impacted the Jewish American vote.”
A spokesperson for the Republican Jewish Coalition pointed to the episode as an example of infighting among Democrats.
“The Democrats are tearing themselves apart as they appease the ascendant far-left extremists in their party, from Maine to Pennsylvania,” wrote Sam Markstein, alluding to candidates Graham Platner and Chris Rabb.
“It’s bad policy and it’s bad politics. The GOP is the only party where it’s safe to be proudly Jewish and pro-Israel,” Markstein wrote. “Republicans are righteously taking on the tough fights and winning, while Democrats continue to whistle past the political graveyard.”
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Argentine official who investigated death of AMIA prosecutor charged with covering up evidence
(JTA) — The former prosecutor who led the investigation into a mysterious 2015 death that unnerved Argentina’s Jewish community has been charged with concealing evidence in the case.
Viviana Fein was indicted on May 12 on charges of “aggravated concealment” over her handling of the investigation into the death of Alberto Nisman, a special prosecutor appointed to investigate the 1994 bombing of the AMIA Jewish community center in Buenos Aires that killed 85 people.
On Jan. 18, 2015, Nisman was found dead in his Buenos Aires apartment with a bullet hole above his right ear, having been shot at point-blank range. His body was discovered hours before he was scheduled to present evidence before Argentinian lawmakers accusing then-President Cristina Fernández de Kirchner and other senior officials of allegedly covering up Iran’s role in the AMIA attack.
At the time, Fein declared Nisman’s death a suicide, but in May 2016 she slightly amended her view saying that he may have been forced to kill himself. Then, in 2017, forensic investigators issued a report stating that Nisman was assassinated. Jewish institutions have also maintained that he was murdered.
Under the Argentine Penal Code, a person charged with aggravated concealment must not have actively participated in the original crime but joined in the aftermath, and Judge Julián Ercolini ruled that Fein allegedly failed to properly preserve the crime scene at Nisman’s apartment.
According to court filings, dozens of people entered and exited the apartment without proper controls, potentially contaminating evidence and compromising the investigation.
The controversy surrounding the handling of the original crime scene has persisted for years. Judicial investigations and expert reports described the apartment as chaotic in the hours after Nisman’s death, with allegations that evidence may have been mishandled or destroyed.
Fein, who could face up to three years in prison if found guilty, has denied any wrongdoing. A week prior to her indictment, her attorney, Lucio Simonetti demanded the charges be dropped, stating that in the case of a cover up, “There must necessarily be a connection between the perpetrator of the underlying crime and the person covering it up, since it is absurd to assume that someone would cover up for a complete stranger.”
He added that the ruling “says nothing about any prior relationship existing between my client and the individuals who allegedly took part in the supposed murder of Natalio Alberto Nisman.’”
The prosecution comes as Argentina’s government takes a newly aggressive stance against Iran and Hezbollah, which are widely understood to have planned the bombing. Since Javier Milei, a conservative supporter of Israel, was elected in 2023, the country has officially declared Iran and Hezbollah responsible for the AMIA attack and another attack two years earlier on the Israeli embassy; designated Iran’s Revolutionary Guard a terrorist organization; and decided to pursue a trial in absentia for suspects implicated in the case.
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