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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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ADL retracts Tumbler Ridge shooting antisemitism claim
The ADL published and then retracted a claim that the alleged mass shooter at a school in Canada maintained a social media account with antisemitic posts, a day after it posted the erroneous information on its website.
The organization wrote Thursday at the bottom of an updated page about alleged Tumbler Ridge Secondary School shooter Jesse Van Rootselaar that it had incorrectly concluded that an X account containing the posts belonged to the alleged shooter. Nine people were killed in the shooting, including Van Rootselaar.
“A preliminary investigation uncovered an X account appearing to belong to the shooter. Upon further investigation, that X account has been found not credible. References to it have been removed,” the correction read.
Authorities in British Columbia said they could not speculate on the motive of the shooter.
The ADL, the most prominent U.S. antisemitism research and advocacy organization, had posted the claim Wednesday on its website. The Forward has reached out to the ADL for comment.
The error, from the ADL’s Center On Extremism, comes amid broader changes in the ADL’s approach.
The ADL’s original post said that on Sunday — two days before the attack — an X account connected to Van Rootselaar posted, “I need to hate jews because the zionists want me to hate jews. This benefits them, somehow.”
“The Tumbler Ridge shooter’s X profile photo also featured an image of the Christchurch shooter superimposed over a Sonnenrad, a neo-Nazi symbol, and a transgender pride flag,” the ADL wrote in the original post, referencing an antisemitic mass murder in New Zealand.
It did not link to the profile or include images of it, leaving the claim difficult to verify.
The Center On Extremism is a flagship program that has been overhauled in recent years as the organization has shifted toward a greater focus on fighting antisemitism. In September, it deleted its Glossary of Extremism, which had contained over 1,000 pages of background information on hate groups and ideologies. It said at the time that the entries were outdated.
The post ADL retracts Tumbler Ridge shooting antisemitism claim appeared first on The Forward.
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Can Trump save Israel from itself?
The Israeli government’s latest steps toward annexing the West Bank prove a dismal point: Catering to right-wing extremists has become the cabinet’s top priority — the rest of the country be damned.
In a blitz before Prime Minister Benjamin Netanyahu’s White House visit this week, Finance Minister Betzalel Smotrich and Defense Minister Israel Katz announced new decisions that will reverse decades-old real estate laws preventing Jews from buying Palestinian-owned land in the West Bank; expand Israeli authority in vast swaths of that territory; and make it easier for Jewish Israelis to buy land and start new communities in or near Palestinian enclaves there, among other subtle changes.
These changes may seem like bureaucratic rejiggering. But in fact, they mark the alarming development of a deliberate strategy to incrementally expand Israeli sovereignty over the West Bank, thus killing the two-state solution once and for all.
None of this serves Israel’s best interest. New laws pushing annexation forward will jeopardize Israel’s relationship with the U.S., damage its already faltering democracy, and eradicate any moral high ground the Jewish state still retains after its devastating military campaign in Gaza.
Yet while Israel struggles with a weakened international profile, an economy still recovering from the demands of war, impending talks with Iran, internal democratic conflicts and a re-emboldened Hamas within the decimated Gaza strip, proponents of the new decisions are celebrating the disaster they herald.
“We are deepening our roots in all regions of the Land of Israel and burying the idea of a Palestinian state,” Smotrich said in a statement.
The Yesha Council — the municipal representative for all Israeli settlements, which wants to expand Israeli sovereignty over the entire West Bank — declared the government’s move was “establishing Israeli sovereignty in the territory de facto.”
Energy Minister Eli Cohen might have put it most plainly, saying the changes “actually establish a fact on the ground that there will not be a Palestinian state,” in an interview with Israel’s Army Radio.
The only emergency brake on annexation Israelis have at this moment is sitting in the White House.
Although President Donald Trump flirted with Israeli annexation early in his second-term, he has consistently opposed such moves over the last few months. Asked on Tuesday about the Israeli security cabinet’s recent decisions, Trump spoke bluntly: “I am against annexation.”
He has powerful incentives to back up that statement.
Since returning to office last year, Trump has branded himself a peacemaker who will reshape the Middle East. He aims to expand the Abraham Accords, the trademark foreign policy achievement of his first term; curb a nuclear Iran; and create peace between Israel and the Palestinians. He will not tolerate any Israeli behavior that threatens those efforts — and these West Bank moves could upend them.
Saudi Arabia, the United Arab Emirates and five other Muslim countries condemned Israel’s new laws as accelerating “illegal annexation and the displacement of the Palestinian people” — a complaint Saudi Arabia previously lodged against Israel as its reason for refusing normalization, something Trump desperately wants.
Additionally, Trump’s peace plan for Gaza hinges on creating stability in the embattled Strip and the West Bank. Most importantly, it involves a commitment to Palestinian self-determination and statehood, which these moves in the West Bank may make all but impossible to realize.
All this, as American views of Israel are only growing more antagonistic, with real-world policy changes like conditioning military aid receiving more serious consideration than previously thought possible. Israel also faces domestic consequences over this decision. It has long defended itself against accusations of apartheid by saying that it cannot grant citizenship to the millions of Palestinians in the West Bank because the Jewish state cannot afford to lose its Jewish majority. Until trusted Palestinian partners for peace emerged, the narrative went, Israel would maintain control of the territory.
This is not maintaining control of the territory; this is laying claim to it, an action that demands Israel must treat the Palestinians who live there as full citizens. It is unlikely to do so. Which means Israel’s democracy is closer than ever to crumbling. If it insists on burying the two-state solution and annexing the West Bank without giving citizenship to millions of Palestinians, any defense it had against the argument of apartheid will be gone.
What might the Israeli government hope to gain with these moves, given how extraordinarily costly they could be — and seeing that annexation is widely unpopular in Israeli society, with only about a third of Israelis supporting it?
The answer: Netanyahu is going all-in for his far-right allies. It’s not about what Israel hopes to gain; it’s about what he does.
Smotrich, Katz, and others whose radical messianic conceptions dominate their politics have for years fantasized about expanding Israel’s borders without international or domestic law interfering. Throughout the Israel-Hamas War, far-right leaders routinely spoke enthusiastically about annexing the Gaza Strip.
If Netanyahu were putting Israelis before his own political interests, he would have squashed calls for annexation long before now. But doing so would threaten his political career. Smotrich and other far-right ministers put expanding Israeli control over the West Bank as a dealbreaker when they first entered his coalition; if they leave it, his last hope at retaining power will go with them.
When it comes to choosing between power or his country, Netanyahu has shown he will always choose power. Let’s hope Trump continues to stand in his way.
The post Can Trump save Israel from itself? appeared first on The Forward.
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Iran Races to Rebuild Missile Arsenal, Israel Tests Upgraded Defenses Amid Fragile US Nuclear Talks
Iranian missiles are displayed in a park in Tehran, Iran, Jan. 31, 2026. Photo: Majid Asgaripour/WANA (West Asia News Agency) via REUTERS
As the prospect of renewed conflict looms, Iran is scrambling to restore its battered missile capabilities while Israel tests upgraded air defenses and accelerates military preparations for a potential confrontation.
Iran had 25 key sites housing long-range ballistic missile capabilities, 19 of which were struck during last June’s 12-day war, when the US and Israel bombed the regime’s nuclear facilities, according to Israel’s Channel 14.
The outlet’s latest report, drawing on satellite imagery, research by the Alma Institute for Middle Eastern Studies, and confirmations from security officials, reveals that all sites were equipped with underground infrastructure and suffered extensive surface and subterranean damage.
Yet, with the shadow of a new conflict looming, Iran has rushed to restore its shattered defense capabilities, reportedly completing some partial repairs already.
As of last month, the country’s main launch bases — whose surfaces suffered moderate to severe damage — appear to show clear signs of recovery and resumed operational activity.
Israeli officials estimate that the Islamist regime now possesses at least twice the missile arsenal it deployed in past attacks.
However, Iran’s missile launch capacity remains limited by shortages of launchers and rocket fuel, even as it reportedly works to restore these critical components as well.
As Tehran works to rebuild its strategic threat against the Jewish state amid rising regional tensions, Israel has successfully upgraded its missile defense systems and expanded its arsenal of anti-missile batteries, effectively reinforcing its deterrence capabilities.
On Wednesday, the Israeli Ministry of Defense announced a successful test of the “David’s Sling” air-defense system, designed to intercept Iranian ballistic missiles with advanced evasive capabilities.
Built on operational lessons from last year’s war, Israeli officials said the upgraded system can intercept cruise missiles, ballistic missiles, aircraft, and drones at medium and long ranges, reaching altitudes of 50 to 70 kilometers (31 to 43 miles).
From the Arrow system to the Iron Dome, Israel is bolstering its defense capabilities with extensive logistical preparations to maintain operational readiness during prolonged and intense missile attacks, the Ministry of Defense said in a statement.
At the top of the country’s operational defense pyramid is the Arrow system, a strategic, exo-atmospheric shield designed to intercept long-range ballistic missiles while they are still outside the atmosphere, neutralizing threats at a distance and preventing environmental damage or the impact of unconventional warheads
Serving as the middle layer of Israel’s missile defense, the newly upgraded David’s Sling system works alongside the Iron Dome, which protects the home front and civilian settlements.
The country is also introducing the laser system Iron Beam, or “Magen Or,” capable of intercepting missiles quickly, accurately, and more efficiently than conventional systems
These latest developments come as regional tensions escalate over Iran’s nuclear program and fragile negotiations with the United States, raising concerns about a renewed conflict in the region.
Washington and Tehran resumed negotiations last Friday in Oman, marking the first direct engagement between US and Iranian officials since nuclear talks collapsed after the 12-day war in June.
With the chances of a deal still uncertain, US President Donald Trump has simultaneously launched a massive military buildup in the Gulf, pressuring the Iranian regime to return to the negotiating table if it wants to prevent a potential conflict.
On Wednesday, Israeli Prime Minister Benjamin Netanyahu met with Trump to discuss the prospects of a potential nuclear agreement with Tehran and the next steps in the talks. Israeli officials have said they want any agreement with Iran to include zero enrichment of uranium, limits on ballistic missiles, and a pullback of the regime’s support for terrorist groups across the Middle East.
“There was nothing definitive reached other than I insisted that negotiations with Iran continue to see whether or not a Deal can be consummated. If it cannot, we will just have to see what the outcome will be,” Trump wrote in a post on Truth Social after their meeting.
“Last time Iran decided that they were better off not making a deal, they were hit with Midnight Hammer — that did not work well for them,” he continued, referring to the US operation to bomb Iranian nuclear sites in June. “Hopefully this time they will be more reasonable and responsible.”
Trump also told Axios in a Tuesday interview that he is considering deploying a second aircraft carrier strike group to the Middle East to prepare for military action if negotiations with Iran fail.
“Either we will make a deal or we will have to do something very tough like last time,” Trump said.
According to multiple media reports, Washington has set three conditions for a nuclear agreement with Iran: halting uranium enrichment, restricting the country’s ballistic missile program, and ending the regime’s support for terrorist groups and other proxies throughout the Middle East.
However, Iran has long said all three demands are unacceptable, but two Iranian officials told Reuters its Islamist, authoritarian rulers view the ballistic missile program, not uranium enrichment, as the bigger issue.
In recent days, the US has indicated it is primarily concerned with the nuclear program, leaving some observers concerned that the Trump administration will strike a deal that’s too narrow in scope.
The Iranian government has already publicly rejected any transfer of uranium out of the country and ruled out negotiations over its ballistic missile program or support for proxy forces.
Cautious optimism about diplomacy has also been shaken by reported clashes between US and Iranian forces at sea as tensions rise.
Last week, the US military said it shot down an Iranian drone that had “aggressively” approached the aircraft carrier Abraham Lincoln in the Arabian Sea. Hours later, forces from Iran’s Islamic Revolutionary Guard Corps (IRGC) harassed a US-flagged, US-crewed merchant vessel in the Strait of Hormuz.
Trump initially threatened to intervene in Iran if the regime killed anti-government protesters who took to the streets across the country in late December and early January. However, the Iranian government proceeded to crush the protests with a brutal crackdown, reportedly killing tens of thousands of people.
The US subsequently began its military buildup in the region, and Trump called on the regime to begin negotiations.