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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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He was a privileged Jewish kid from NYC’s Upper East Side. Donald Trump was his greatest invention.
American Scoundrel: Roy Cohn’s Dark Journey from Joe McCarthy to Donald Trump
By Kai Bird with Susan Goldmark
Scribner, $32, 528 pages
By the beginning of the new millennium, Roy Cohn, the red-baiting scourge of the McCarthy hearings, lived largely in the pages of U.S. history books, trotted out on occasion to illustrate how America always manages to overcome its worst nativist impulses. But just in case someone never knew or had forgotten about Cohn’s malign influence on U.S. politics, Tony Kushner brought him back as a villain in his brilliant drama of the early 1990s, Angels in America.
Then, in 2016, Donald Trump was elected president and suddenly, Cohn was breaking news again. The very next year, when Trump was furious at then-Attorney General Jeff Sessions for recusing himself from an investigation into whether Russia meddled with the election, the president cried out to his advisers, “Where’s my Roy Cohn?”
Now, as if in answer to that question, Kai Bird has written a magisterial biography of the notorious lawyer and Trump whisperer that is indispensable reading for anyone who wants to understand the current political moment. Bird, the co-author of American Prometheus, the Pulitzer Prize-winning biography of Robert J. Oppenheimer and inspiration for the Oscar-winning movie, began it in 2022, a couple years before Trump’s re-election. He collaborated with his wife, Susan Goldmark, who did the research for this riveting account of the unseemly, outrageous life of the hustler and con man about whom Trump once said, “If you need somebody to get vicious, hire Roy Cohn.”
Though Cohn has been long gone from public life — he died of AIDS at age 59 in 1986, insisting to the very end that he had succumbed to liver cancer — Bird demonstrates how he practically invented the dark political arts of resentment and division adopted by his former client, protégé and future president of the U.S.
Indeed, over the recent 4th of July weekend — decades after the collapse of the Soviet Union — Trump used Cohn’s divisive, inflammatory rhetoric in back-to-back speeches, including one at Mount Rushmore, branding his political opponents as evil, godless communists.
Bird walks us through Cohn’s life decade by decade. He grew up as an only child in a wealthy Jewish family on the Upper East Side and attended elite private schools, where his boyhood friends included Si Newhouse Jr., heir to the Condé Nast media empire, Gene Pope Jr., who would go on to found the National Enquirer, and, improbably, Al Lowenstein, later a well-known liberal Democratic activist and politician.
After Cohn graduated from Columbia Law School, his father, a judge, pulled strings to get him a job in the U.S. attorney’s office for the Southern District of New York, where he made a name for himself as the boy prosecutor who sent Julius and Ethel Rosenberg to the electric chair in 1953 for passing nuclear secrets to the Soviets. His tactics were highly irregular, including private meetings with the trial judge.
Not long after that, he went to work as chief counsel to Wisconsin Senator Joe McCarthy, using his position to force U.S.-funded libraries abroad to purge 30,000 books on the flimsy pretext that the authors were communists or Soviet sympathizers. He was also a central figure in the so-called Lavender Scare, when hundreds of federal employees thought to be gay lost their jobs because they were deemed a security risk.
By the 1960s, Cohn was back in New York, hanging out at the Stork Club and 21, squiring Barbara Walters around town, and representing mobsters though still living at home with his mother at 1165 Park Avenue. Over the next decade he would be indicted three times by U.S. Attorney Robert Morgenthau Jr. for bribery, perjury, extortion and other white-collar crimes. In each case, he managed to beat the rap though months before his death he was finally disbarred for unethical conduct.
After Cohn’s mother died in 1967, he moved into a stately townhouse on East 68th Street, where he established his law practice and stopped the pretense of dating women though he never publicly came out as gay. Then, in 1973, Cohn met his most consequential client. At the time, Trump was the 27-year-old son of a Queens real estate mogul trying to break into the Manhattan market and living in a rent-controlled studio on East 75th Street with a view of a water tank on an adjacent building.
Cohn advised the family on how to fight a Justice Department lawsuit accusing the real estate company of violating the Fair Housing Act by refusing to rent to Black tenants. Over the course of the litigation, Cohn taught Trump his signature moves: Keep your name in the paper. Never settle. Countersue. Claim victory. Don’t pay the bills.
Cohn also advised Trump on his first major real estate deal in Manhattan — buying the dilapidated Commodore Hotel on East 42nd Street, next to Grand Central Terminal. To get the deal done, Cohn worked his extensive connections to New York’s first Jewish mayor, Abraham Beame, a player in Democratic machine politics and an old friend of Cohn’s father.
For more than a decade, Trump continued to model himself after his mentor, adopting his penchant for personalized license plates and his snarling, scowling demeanor. Bird argues that in the decades since Cohn died, the McCarthyism of the 1950s has morphed into a nativist, America Firster politics that transformed the Republican Party into one of resentments against the old establishment, multiculturalism, globalization and liberal culture — in other words, the MAGA movement of today.
Cohn’s “values, his unethical behavior, and his political mindset have survived and replaced the values of the establishment he so resented,” Bird writes. “Perhaps his life is proof of the ability of one individual to change the arc of history. Certainly, he gave us the narcissistic politics of Donald Trump.”
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Trump wants to remake Washington — Hitler tried to do the same to Berlin
“It was natural that I also followed my passion for architecture. My faith increased that after many years my dreams would become reality. I was firmly convinced that I would win fame as a builder.”
–Adolf Hitler
“I own buildings. I’m a builder; I know how to build. Nobody can build like I can build.”
–Donald Trump
Adolf Hitler personally drew up architectural plans to remake Berlin into a 1,000-year monument to himself with a three-mile-long “Avenue of Splendors,” on one end an Arch of Triumph that would dwarf the Paris original, and on the other, the domed Hall of the People, which would have been the largest enclosed structure in the world.
Hitler’s grandiose remodeling schemes were suspended in 1943, in order to redirect resources to the war he had begun.
Like Hitler, Donald Trump is also busy designing and creating monuments to himself, including an arch even larger than the one Hitler had planned for Berlin. Unlike Hitler, Trump is proceeding at a fevered pace on completing his legacy projects despite the soaring costs of a war he began.
History is replete with monarchs, emperors, pharaohs and tyrants who sought to immortalize themselves with monuments. In modern times, what sets Trump and Hitler apart is their decision to personally draw up a plan to entirely change the look of a capital city to project their powers.
Hitler began sketching his plans to remake Berlin in the 1920s, years before he came to power. In his postwar book Inside the Third Reich, Hitler architect Albert Speer recalled Hitler showing him two sketches the Nazi leader had already made of his own concept, hoping to recruit the architect to the project. In 1937, the Hitler tasked Speer with making it happen.
Speer started by making a model of the redesigned city, to be renamed Germania. In his book, Speer wrote of Hitler’s glee while inspecting the scaled model.
“He bent down, almost kneeling, his eye an inch or so above the level of the model, in order to have the right perspective, and while looking he spoke with unusual vivacity. These were the rare times when he relinquished his usual stiffness. In no other situation did I see him so lively, so spontaneous, so relaxed,” Speer wrote.
Hitler admired the imperial architectural styles of Rome, Vienna and Paris, but came up with designs for Berlin that were meant to surpass those cities not in elegance, but in expressions of Teutonic power.
The Germania model designed by Speer looks like an elaborate Wagnerian stage set: Visitors disembarking from a new train station would immediately see the 380-foot-tall Arch of Triumph, and as they passed beneath they would follow a wide boulevard lined with about a dozen monumental ministry buildings made of hand-hewn stone, a Soldiers’ Hall with a crypt for the tombs of German field marshals, and, at the terminus of the avenue, the monstrous centerpiece of the whole project — the domed Hall of the People, with enough space to hold 150,000 people.
“He wanted the biggest of everything to glorify his works and magnify his pride,” Speer wrote.
The New Reich Chancellery went up, and some other pieces of Germania were completed. But as Hitler’s regime focused on building concentration camps and death camps, and German invasion forces spread across Europe and the Soviet Union, Hitler had to divert resources to pay for his war crimes.
The Reich suspended work on Germania in 1943. Hitler’s original idea was to complete the transformation in 1950, creating Germania as a new Rome, capital of a vanquished continent. But when the Soviet army entered Berlin, the city had been reduced to ruins. Hitler’s Germania fantasy came to a bloody end on April 30, 1945 when he put a bullet in his head inside the Führerbunker.
Like Hitler, Donald Trump seems to favor classical architectural styles for public buildings, although his love of gaudy glitter – on display inside the White House and at Trump’s own properties — contrasts with Hitler’s preference for a Teutonic austereness.
A few days ago Trump gave the White House press pool a tour of work that he has directed to be done on and around the White House. It reminded me of Speer’s description of Hitler’s glee while inspecting Speer’s model of Germania.
“I’m fixing the country. We’re fixing the White House too. One thing I know how to do is build,” said Trump, who spoke of having columns of the White House repaired, its exterior cleaned, of work on his ballroom and the “military complex” that would be built beneath it. He staged the dog-and-pony show to show off a helipad that was under construction.
“It’s ridiculous the way this place was taken care of. Nobody, including presidents, they didn’t see it. But I see it because I was very good at real estate, like maybe the best in a lot of ways,” said the man who went through multiple bankruptcies and has a history of failed business ventures: Trump University, Trump Steaks, and Trump’s airline, to name only a subset of available examples.
Despite Trump’s boasts, his vanity projects have hit some rough patches. There’s the reflecting pool debacle, a court ruling that his name had to come off the John F. Kennedy Center for the Performing Arts. Some Senate Republicans tried to stop him from spending taxpayer money on his garish ballroom.
But because of a Supreme Court ruling, it looks like the ballroom will go up after all. And Trump is not about to abandon other legacy projects – like his Triumphal Arch, and a National Garden of American Heroes.
Trump’s powers are cracking faster than he can build these monuments to himself. His approval ratings are abysmal. Global respect for America is tanking. Allies who have tried to mollify him are beginning to defy him. Iran has outsmarted him. Former MAGA loyalists like Marjorie Taylor Greene and Tucker Carlson have abandoned him. Trump is increasingly looking like an empty shell – a man who has chosen building narcissistic monuments, and corruptly enriching himself and his family, over paying heed to Americans who are suffering because of his self-aggrandizing rule.
Economist Paul Krugman just released a video titled Der Untergang, and subtitled “How badly will Trump punish America?” Der Untergang, German for “downfall,” is the title of a 2004 movie about Hitler’s last days in the Führerbunker. Krugman says that Trump’s obsession with his vanity projects is an indication that Trump knows his powers are rapidly vanishing, and that Trump is becoming perilously desperate.
“In many ways he is behaving like somebody who knows that his days of supreme power are about to end,” Krugman said.
Krugman argues that Trump is showing a deranged proclivity to tear things down rather than preserve them, as evidenced by his demolition of the beloved East Wing. And now Trump is threatening to raze the Kennedy Center for the Performing Arts, simply because he can’t get his name on it.
History has shown how perilous things can become when a despot finds himself backed into a corner. As we approach the mid-term elections, we should all worry about the wreckage Trump is capable of wreaking while watching his powers vanish. Trump’s downfall, whenever and however it may come, must not also be America’s.
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John Galliano bows out of Met exhibition as backlash over antisemitism mounts
(JTA) — John Galliano withdrew from a planned exhibition of his work at the Metropolitan Museum of Art in response to a rapidly escalating controversy over the museum’s decision to honor the fashion designer despite his history of antisemitic and racist remarks.
Galliano said Monday that, after discussions with the Met and others involved in the exhibition, he had decided that it was best for the show not to take place “at this time.” He said he remained accountable for the pain caused by his past words, particularly to Jews and Asians, and recognized that an exhibition honoring his work could be painful for some. The Met said it agreed with his decision.
The reversal came less than a month after the Met announced that Galliano would be the subject of its spring 2027 Costume Institute exhibition, a rare honor that would have made him only the third living designer to receive a solo show there. The exhibition was to open in conjunction with the Met Gala, one of New York’s biggest annual cultural and celebrity events.
Opposition to the exhibition appeared to mount steadily in recent weeks. Early public pushback came from Dana Thomas, Galliano’s biographer, who wrote in an Aug. 6 New York Times guest essay that the Met had made a serious error in choosing to honor him. The criticism then broadened, with Jewish leaders, museum donors and New York politicians publicly urging the museum to reconsider.
Those criticizing the exhibition were New York City Council Speaker Julie Menin, who called the decision deeply painful for Jewish New Yorkers. Prominent Met donor Alice Tisch described the planned exhibition as a “whitewash,” according to the Times.
The reversal is also a setback for Anna Wintour, Condé Nast’s chief content officer and the driving force behind the Met Gala. She had championed Galliano for decades and was among the Met figures most closely associated with bringing the exhibition to the museum.
The controversy was complicated by the fact that some prominent rabbis had actually met with Galliano before the exhibition was announced and had come away believing that his repentance was sincere, as JTA reported earlier this month.
Rabbi Rick Jacobs, president of the Union for Reform Judaism, said Galliano had shown the contrition necessary to earn his return to the fashion world. Rabbi Joshua Davidson of Congregation Emanu-El, a Reform synagogue in New York, likewise said he was convinced by Galliano’s statements of remorse and his efforts to educate himself about Judaism and the Holocaust. Neither rabbi endorsed the Met’s decision to honor Galliano, however. Rather, both told the museum that if it proceeded, it had a responsibility to make Galliano’s antisemitic conduct and the lessons of his repentance an explicit part of the exhibition.
That distinction was reflected in the Met’s original plans. Andrew Bolton, the Costume Institute’s curator, said in announcing the exhibition that it would address Galliano’s antisemitic and anti-Asian conduct, as well as his firing from Dior, a hate speech conviction in France and his subsequent treatment for addiction and public acknowledgment of his actions.
Galliano, among the most celebrated designers in the world, was fired by Christian Dior in 2011 after a video surfaced showing him praising Hitler and making antisemitic remarks in a tirade in a Paris cafe, and directing an anti-Asian slur at the partner of a Jewish woman. A French court convicted him of making public insults based on race, religion and ethnicity.
After entering treatment for substance abuse, he embarked on a process of rehabilitation and eventually returned to the fashion industry. Abraham Foxman, then national director of the Anti-Defamation League, met privately with Galliano repeatedly; in 2013 the ADL said that Galliano had demonstrated “true contrition.”
After the initial announcement of the exhibition, Jonathan Greenblatt, CEO and national director of the ADL, noted that the organization had “long since accepted his apology,” but added that he understood “why some Jews may question the decision to include Galliano’s work in an exhibit given the massive spike in antisemitism in recent years.”
In a statement Monday, Greenblatt appeared to take a harder line in welcoming Galliano’s withdrawal.
“With antisemitism at crisis levels, the Met honoring John Galliano at this moment was misguided, and even Galliano ultimately recognized what the Met should have done from the start,” Greenblatt wrote on X. “This was the wrong move at the wrong moment. Timing matters.”
Galliano’s withdrawal leaves the Met without a planned spring 2027 Costume Institute exhibition. The museum said information about a replacement exhibition and the 2027 Met Gala will be announced later.
This article originally appeared on JTA.org.
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