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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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A gunman attacked a Michigan synagogue. Here’s what happens to the community next
On Thursday, a driver rammed his pickup truck into Temple Israel in West Bloomfield Hills, Mich., a large Reform Temple about 25 miles from downtown Detroit. Blessedly, there were no casualties besides the shooter, whom security guards rapidly engaged. One guard was injured. Aside from that, everyone who was inside the synagogue, including 140 children attending school there, was unscathed.
“There’s hopeful news and there’s sad news about the aftermaths of these shootings,” said Mark Oppenheimer, author of Squirrel Hill: The Tree of Life Synagogue Shooting and the Soul of a Neighborhood, a methodical, lyrical look at what happened to the Pittsburgh neighborhood shattered by the Oct. 27, 2018 shooting that left 11 people dead.
The hopeful news is that older, established Jewish communities can rely on close, long-established bonds within and outside the community to get them through.
The sad news is that people unaffected by the shooting tend to move on and forget.
“So whereas this will haunt the Jewish community for years,” Oppenheimer told me in a phone interview, “most people outside the Jewish community will quickly move on to whatever the next horrible incident is.”
What happens next
Authorities have not confirmed the attacker’s motive, although he has been identified as a Michigan man who was born in Lebanon. But among all the unknowns, we do know a few things for certain.
We know that a great tragedy was averted due to the guards’ bravery and expertise, and due to the planning and preparation of synagogue leadership.
We know such attacks have gone from being extremely rare in the United States, to being more frequent.
And we know that what happens now, in the aftermath, matters a great deal.
That’s why, in writing about the worst mass shooting in American Jewish history, Oppenheimer spent most of his time researching what came after the atrocity.
“When the cameras and the police tape were gone, what stayed behind?”Oppenheimer, who teaches at Washington University’s John C. Danforth Center on Religion and Politics, wrote in the book’s introduction.
The power of connection
Both the Tree of Life synagogue and Temple Israel are older, deeply entrenched congregations with close ties to a number of local communities — Jewish and non-Jewish alike.
In one chapter of Squirrel Hill titled, simply, “Gentiles,” Oppenheimer chronicles how non-Jews came to the aid of the stricken congregation, including clergy, politicians and neighbors.
Emblematic of that was the capacity crowd of 2,500 people that came together at Soldiers and Sailors auditorium on the one-year anniversary of the shooting, where law enforcement, politicians and Christian, Muslim and Jewish clergy all spoke.
“There are usually people in government, in community organizations, in neighborhood organizations, who reach out, who want the Jews to know that they’re not alone,” said Oppenheimer.
Evidence of such connection was already on show in Michigan on Thursday. One reporter interviewed a woman praying outside the synagogue, who said, through tears, that the “Holy Spirit” had told her to turn her car around once she saw police cars racing past her to the scene, and go lend support.
In Pittsburgh, the 2018 shooting was also a time for the Jewish community itself to come together.
Squirrel Hill’s close-knit Jewish community crossed denominational divides to show support. An Orthodox rabbi organized a spreadsheet to manage the 24-hour vigils Jewish law prescribes over the bodies of the dead prior to burial.
“In Squirrel Hill, one of the nice things is there is a lot of community and solidarity across denominational lines and levels of observance,” said Oppenheimer, “and that’s pretty rare in American Judaism. It’ll be interesting to see how that plays out in Detroit.”
A new reality
Iin recent years, the need for solidarity and resilience in the face of such attacks has become, unfortunately, more apparent.
When Oppenheimer wrote his book, he was able to state the shooting was “a unique event” in American history. It’s true that until the Tree of Life massacre, antisemitic violence had claimed just 26 lives in U.S. history. The U.S., more than any Western country, and far more than Israel itself, had truly been a safe haven for Jews.
Since Squirrel Hill, six more people have died in four attacks. The previously well-earned sense of safety has been shattered.
“While the odds that any given Jew will be attacked remain quite low, it is obviously pretty terrifying,” said Oppenheimer.
Some critics of the national focus that fell on Squirrel Hill after the Tree of Life shooting argued that the tragedy got far more attention than similar mass shootings that had befallen non-Jewish communities.
But it’s the very rarity of these attacks that makes them so shocking and, at least for American Jews, so memorable.
In this new normal, it’s even more important for Jews to form strong, mutually supportive bonds among themselves, and with others.
And the world moves on
Those bonds are especially crucial because while the victims of violence don’t soon forget and move on, the world does.
“It’s a short burst of solidarity, and then people leave. Understandably so,” Oppenheimer said.
I suspect that even though prayers of gratitude and deliverance will echo through the sanctuaries of Detroit — and in Jewish hearts everywhere — the attack will haunt its intended victims long after the police tape comes down.
What will make the difference in how the community faces those fears and moves forward is the amount of support it receives from those outside it. If the broader Bloomfield and Detroit community refuses to forget this awful incident, it will change the course of healing.
I asked Oppenheimer what lesson he learned from the Tree of Life aftermath could apply to Temple Israel.
“In Pittsburgh, there was a long history of people showing up for each other,” he said Oppenheimer. “The relationships, or lack of relationships, that exist become more noticeable when something goes wrong.”
“Where there are strong ties before a shooting, there are strong ties afterwards.”
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Political standoff causing DHS shutdown delays security grants for synagogues
(JTA) — A shutdown at the Department of Homeland Security since Feb. 14 is halting the review of millions of dollars in security funding for nonprofits, leaving Jewish institutions and other vulnerable groups in limbo at a moment of heightened concern about antisemitic threats.
The most recent threat came Thursday when an armed assailant rammed his vehicle into a large synagogue in suburban Detroit, where trained security forces shot at him and he was killed before he could injure anyone.
The closure stems from a political standoff over immigration enforcement: Senate Democrats are refusing to fund DHS unless the bill includes new oversight and limits on ICE operations, while Republicans and the Trump administration insist on passing funding without those changes. The dispute intensified after the killings of U.S. citizens during recent immigration operations.
Applications for the federal Nonprofit Security Grant Program, which helps synagogues, schools and community centers pay for security guards, cameras, reinforced doors and other protections were due Feb. 1 But because the program is administered through the Federal Emergency Management Agency, a component of DHS, the ongoing shutdown has frozen the process before applications could be reviewed. An effort to end the shutdown failed in the Senate on Thursday.
That means organizations that spent months preparing proposals are now waiting indefinitely to learn whether they will receive funding, at a time of rising anxiety and threats.
The grant program has become a cornerstone of security planning for Jewish institutions across the United States, especially in the wake of sometimes deadly attacks. Demand for the grants has surged in recent years as antisemitic incidents have climbed and security costs have soared.
According to data from the Anti-Defamation League, antisemitic incidents in the United States have reached historic highs in recent years, with Jewish institutions frequently targeted with threats, vandalism and harassment. Community leaders say the uncertainty surrounding the grants is arriving at precisely the wrong moment.
The NSGP is designed to distribute hundreds of millions of dollars annually to nonprofits considered at high risk of attack. Organizations submit detailed applications outlining their vulnerabilities and the security improvements they hope to fund, which FEMA then reviews and awards through state agencies.
But during a federal shutdown, most DHS personnel responsible for reviewing those applications are furloughed. As a result, the process has effectively stalled.
For many nonprofits, the delay creates practical and financial uncertainty. Security upgrades such as surveillance systems, bollards, access-control systems and trained guards often depend on the grants, and institutions typically plan their budgets around the expectation of federal support.
Jewish communal security groups say the program has been one of the most successful federal efforts to help protect religious institutions. Michael Masters, CEO of the Secure Community Network, a Jewish security nonprofit, said Jewish organizations rely on federal funding to cover essential security needs, saying that it was “a challenge” that DHS was currently not processing security grant applications.
“There’s no other faith-based community in the United States that needs to spend $760 million a year, at a minimum, on security that we do,” Masters said. “That’s a reality of the threat environment that we have to adapt to, that we have adapted to.”
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A gunman rammed a Michigan synagogue. Its security preparations may have saved lives.
(JTA) — The suspected assailant, armed with rifles and smoke bombs, who rammed into Temple Israel on Thursday encountered a synagogue that was well prepared for just such an attack.
He hit and injured the congregation’s security director with his car as he plowed through the synagogue’s doors and drove down a hallway. But he didn’t manage to harm anyone else as he was found dead after trained and armed security guards shot at him
And because the rest of the staff knew exactly how to respond to an active shooter threat.
“We always worry that you can plan and plan and plan and practice and practice, and it won’t matter, because it will be something else, but it feels like a miracle that everything worked the way it was supposed to, that our team was so incredibly brave, local law enforcement’s been amazing, and that everybody’s OK,” Rabbi Jen Lader of Temple Israel told the Jewish Telegraphic Agency.
Oakland County Sheriff Michael Bouchard and West Bloomfield County Police Chief Dale Young also immediately praised the security response in the wake of the attack.
“I am deeply proud of the response, not only from the security that was on site, but also of all the police officers and the firefighters that are here right now, we train on active shooter events a lot,” Young said during a press conference outside the synagogue on Thursday. “I think that training certainly helped to mitigate what happened here today.”
Indeed, it was a situation that Jewish institutions across the United States have trained for, as antisemitism and threats of violence have ticked up in recent years, especially following the 2018 synagogue shooting in Pittsburgh that killed 11 Jews during Shabbat services. The rabbi of a synagogue in Colleyville, Texas, credited a security training with enabling him to respond when a man took him and three congregations hostage in 2022.
“Everybody flees danger, and our team went straight toward it, and they were the ones who neutralized the terrorist and saved everybody,” said Lader. “And our teachers followed, you know, to the absolute letter, our active shooter training and lockdown procedures, and saved every kid.”
Beyond the synagogue’s full-time director of security, Lader said Temple Israel also has a full team of armed security guards on the premises at all times as well as a remote security system that is able to secure different areas of the building during threats.
In late January, FBI agents also visited Temple Israel to train clergy and staff about how to respond to an active shooter.
According to a social media post from FBI Detroit, the Active Shooter Attack Prevention and Preparedness course “combines lessons learned from years of research and employs scenario-based exercises to help participants practice the decision-making process of the Run, Hide, Fight principles and take necessary actions for survival.”
Michael Masters, the national director and CEO of the Secure Community Network, an organization that coordinates security for Jewish institutions nationwide, said that the outcomes of the attack Thursday reflected the preparedness of Temple Israel.
“Investing in security is an investment, it’s a down payment on the Jewish future,” said Masters. “The community that made up the synagogue, the larger Detroit Jewish community, has been making that investment for years and years, and today, that investment paid off and lives [were] saved.”
Among the security measures that Masters said his organization recommended were “bollards or fences or natural obstructions” to the building, controlling access to the facility through reinforced doors or windows and having a security presence.
“What we hope this reaffirms is that security needs to be an ongoing investment in order to allow Jewish life, faith based life, to thrive,” said Masters. “And very much that investment can result, and did result, in Jewish lives being saved, and so we all need to recognize that and commit ourselves as members of the community at every level to be a part of making that investment at whatever level we can.”
In the wake of the fatal shooting of two Israeli embassy staffers in Washington D.C. in June, the synagogue hosted a town hall on hate crimes and extremism.
Among the speakers at the town hall was Noah Arbit, a lifelong congregant of Temple Israel who represents West Bloomfield in the Michigan House of Representatives. Arbit said in an interview on Thursday that after he first learned of the attack while working on the state house floor, he immediately began to cry and raced down to his home synagogue.
“I campaigned on taking on hate crimes,” said Arbit. “To be working on these issues, and then to see it come home to roost in my own community, in my own synagogue, in my hometown that I represent is, frankly, just like my worst nightmare.”
While Arbit praised the response by security and law enforcement as the attack unfolded, he said he was “outraged and enraged and deeply pained that it was necessary in the first place.”
“Jewish communities across the country and world have watched, you know, for the past decade, as our institutions have congealed into fortresses,” he said. “We are now forced to live behind, basically, you know, militarized, institutionally securitized institutions, and what a shame that is. It’s not just a shame, It’s unfathomable, it’s unforgivable.”
For Rabbi Mark Miller of Temple Beth El, another Reform synagogue a 20-minute drive away in Bloomfield Hills, the attack on Temple Israel served as a stark reminder of why security infrastructure was essential for Jewish institutions.
“This is one of those moments when, for years and years, we have bemoaned that we have to put so much time and energy into security for our institutions,” said Miller. “And this is one of those days that reminds us that we don’t have a choice.”
Miller’s synagogue had a recent security crisis of its own, when a man drove through its parking lot in December 2022 and shouted antisemitic threats as parents walked their preschoolers into the building. The assailant, Hassan Chokr, was sentenced to 34 months in prison in September for illegally possessing multiple firearms inside a gun store after leaving the synagogue.
“It’s a terrifying day, obviously for a lot of people, especially for parents with their kids at not only Temple Israel but at ours and other temples and Jewish institutions,” Miller said.
Lader said that among her congregants, two competing sentiments had jumped out: Those who “never, in a million years, in our heart of hearts, thought it was ever going to happen to us” and others who “knew it was only a matter of time before it knocked on our door.”
But another feeling was even stronger, she said.
“I think the overarching sentiment, and the one that I want to make sure gets out there, is our absolute gratitude to our internal teams, our amazing staff, local law enforcement and our teachers for really, like, a building full of absolute heroes, who were able to keep us safe,” Lader said.
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