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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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UK Jewish groups express concern as the likely next PM criticizes Israel over Gaza
(JTA) — Andy Burnham, who is on track to become Britain’s next prime minister following Keir Starmer’s resignation last month, apologized for his party’s handling of the aftermath of the Oct. 7, 2023, Hamas mass killings in Israel, saying that it should have done more to push for a ceasefire and called for exerting greater pressure on the Jewish state today.
His comments prompted a joint response from the Board of Deputies of British Jews and the Jewish Leadership Council, which said they had contacted his team to express “significant concerns” about his remarks.
Burnham made his comments in a video statement on Thursday in response to questions from the public. Burnham is likely to become the next prime minister after gaining the overwhelming support of sitting Labour members of Parliament. To date no one has challenged him for the party’s leadership ahead of a July 17 deadline.
“I know many people feel that at the start of Israel’s military action in Gaza, my party didn’t get it right, and I am sorry about that,” he said. He added that he supported further sanctions on Israelis involved in the violence in Gaza, measures to ban trade with Israeli settlements and restrictions on arms licenses to Israel, saying there was “increasing evidence that war crimes appear to have been committed.”
He also condemned increased antisemitism in Britain, and said that tackling antisemitism did not contradict holding Israeli Prime Minister Benjamin Netanyahu’s government to account.
His comments came as lawmakers across the political spectrum have pushed for increased condemnation of Israel and sanctions on the country.
“The unbearable suffering in Gaza is a scar on our collective conscience,” Burnham said. “The killing of innocent Palestinians, including children,” was “completely unacceptable,” he added, declaring that Britain had to do more to “put pressure on the Israeli government.”
He described the country as “too slow to call for a ceasefire” and that “we must now do more to strengthen our approach” as “Israel continues to violate the ceasefire agreement killing innocent Palestinians.”
In their response, the Board and JLC said they shared “concern for the humanitarian situation in the Gaza Strip” but stated that the conflict “cannot be understood without reference to the role of Hamas not only in launching the conflict but in perpetuating the war through the holding of hostages, war-fighting entirely from within the civilian population, and [their] ongoing refusal to cede power and disarm, in line with the 20 point peace plan.”
They added that the conflict also could not be understood without reference to Hamas’ regional backers and allies, including Iran and Hezbollah. Burnham addressed none of this in his comments.
Burnham did, however, reiterate his condemnation of Hamas, describing the Oct. 7 attacks as “monstrous,” stressing that he denounced them “as strongly today as I did in the immediate aftermath.”
He said that he also condemned “the increase in appalling antisemitic attacks here in the U.K. and those who seek to divide our communities by targeting Jewish people.”
“I felt first-hand the anxiety in our Jewish community and the very real threat they face,” the former mayor of Greater Manchester said, referring to the Yom Kippur 2025 attack on the city’s Heaton Park synagogue in which two people were killed.
The Board and JLC welcomed Burnham’s “zero tolerance approach to antisemitism” and affirmed his assertion that “there is no contradiction between fighting antisemitism and disagreeing with actions of the Israeli government.”
However, they said, “Antisemitism cannot be confronted without addressing all its drivers,” arguing that in Britain that includes “Islamist, far left and far right extremists who go beyond criticism of the Israeli government to a place of hatred directed at Jews and Israelis.”
Their joint statement pointed out that Burnham knew “first hand the links between hatred of Israel, antisemitic extremism and deadly violence against British Jews,” adding that, “in a country in which antisemitism has become more normalized, more extreme and more violent, we call on our leaders to show the utmost care in their rhetoric in relation to the conflict.”
This article originally appeared on JTA.org.
The post UK Jewish groups express concern as the likely next PM criticizes Israel over Gaza appeared first on The Forward.
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NY congressional candidate Darializa Avila Chevalier doubles down on attending Oct. 8 pro-Palestinian rally
(JTA) — Democratic congressional candidate Darializa Avila Chevalier defended her presence at a pro-Palestinian rally the day after Hamas’ Oct. 7, 2023, attacks on Israel during a wide-ranging interview Friday with progressive Jewish author Peter Beinart.
“I think the targeting of civilians is wrong in any context, including on Oct. 7,” Avila Chevalier said when asked by the editor-at-large of the leftist Jewish Currents about slogans legitimizing “resistance” that appeared at the rally. Avila Chevalier previously defended her attendance at the rally to City & State in June.
“I think what matters is international law, and what international law condemns and protects,” she said. “And it condemns the targeting of civilians, and it also protects the right to resist.”
Beinart, who is an outspoken critic of Israel and a journalism professor at the City University of New York, pushed back, saying that he “didn’t see any discussion of international law in that rally on the signs or the slogans of the kind that you are offering now … Were you uncomfortable by that?”
Avila Chevalier responded that, at any protest, there will always be “folks who are voicing opinions that you might not agree with.”
“I knew even as early as Oct. 8, right, where this cycle was headed, and I knew the things that I did have power over,” Avila Chevalier said. “The thing that we have power over is the fact that our tax dollars are going towards an apartheid state that has a pattern of engaging in this type of retribution against civilians.”
Avila Chevalier, a democratic socialist who helped organize pro-Palestinian encampments at Columbia University, ousted incumbent Rep. Adriano Espaillat last month in the Democratic primary for New York’s 13th Congressional District, which covers parts of Upper Manhattan and the Bronx.
“Today we make it clear. The politics of the past ends today,” Avila Chevalier told attendees at an election night watch party, where the crowd erupted into cheers of “Free Palestine.”
She joined two other progressive and Israel-critical candidates backed by New York City Mayor Zohran Mamdani in winning upset primary victories, cementing the anti-Israel mayor’s influence in the city’s politics and likely extending the left’s gains in Congress since the wins came in deeply Democratic districts.
Beinart’s interview offered an extensive look into the Israel-related positions that became flashpoints during Avila Chevalier’s campaign, including her attendance at the Oct. 8 rally, which was condemned at the time by Mamdani and fellow congressional candidate Brad Lander, and past criticism of former President Joe Biden’s policy toward Israel and Gaza in a since-deleted X account.
Many of the attendees on Friday’s Zoom call appeared unimpressed by the candidate’s responses.
“She is well intentioned, but also clearly is not familiar with the nature of the Israeli-Palestinian conflict,” said Hillel Schenker, a veteran American-Israeli peace activist.
Other attendees defended Avila Chevalier.
“I am surprised and disturbed by many of the comments made here that are just dismissing her comments and her approach to expressing her belief in human rights and a world without hierarchies of peoples,” wrote an attendee with the screen name Benjy Ben Baruch.
To kick off the interview, Avilia Chevalier described her internship in the West Bank as a 20-year-old Columbia University student, saying that at the time she observed “systems and how they were impacting Palestinian people and Jewish folks, and how people were being treated based off of those state structures.”
Beinart then asked Avila Chevalier why she believed Israel had become so “central for progressive politics.”
“I think there is a war machine that is insatiable,” Avila Chevalier replied. “An American war machine, the Israeli war machine, that we fund with our tax dollars as Americans, and instead what we could be funding is our communities.”
When asked by Beinart what she wanted to see as the future of the region, Avila Chevalier voiced her support for a one-state solution, which she described as “one governing body, one state that sees everyone as equal before the law, regardless of race, religion, identity, ethnicity.”
“We have seen over the course of history that attempts at two states have failed, and even so, I think in this question of like, well, do we partition to begin with, that inherently is divisive,” Avila Chevalier said.
Avila Chevalier also stopped short of saying that “Zionism is racism” when asked if she agreed with the statement by Beinart.
“Zionism is an ideology that creates this type of hierarchy that I’m talking about, and I just don’t believe that we should be striving for a world where there is a hierarchy among people,” Avila Chevalier replied.
Towards the end of the conversation, Beinart referenced scrutiny Avila Chevalier had drawn for her 2022 statements in which she condemned Dominican nationalism and said it was the reason she didn’t put the flag in her social media bio.
“What do you see as the fundamental differences between Zionism as a form of Jewish nationalism, the Dominican nationalism that you have had some concerns about, and Palestinian nationalism,” Beinart asked Avila Chevalier, whose parents are Dominican immigrants.
In response, Avila Chevalier referenced racist attacks she had endured for those comments in the lead-up to the election.
“While it’s not the majority of Dominicans, I would never say that, I think there is a faction that supports this ideology that I have just always found incredibly violent, and the type of rhetoric that I was subjected to, I think, is reflective of the very thing I was criticizing, and I see a lot of that in Zionism as well,” Avila Chevalier responded.
The candidate added that, in contrast to Zionism and Dominican nationalism, Haitian and Palestinian discussions of “liberation” were rooted in “a more universalist understanding of human rights before the law.”
“When I was there in Palestine, you know, some of the most dehumanizing language I’ve ever heard, right, was coming from Israeli soldiers towards children,” Avila Chevalier said, adding that she saw the movements “in very different lights.”
When asked whether she worried that “Hamas’s version of Palestinian nationalism may have exclusionary elements as well,” Avila Chevalier replied: “That’s why I worry about nationalism point blank.”
“Nationalism itself always gives me pause, but I think it’s important to also consider the context in which we’re talking about, like what group is engaging in this conversation, right, and the power dynamics at play there,” Avila Chevalier continued.
This article originally appeared on JTA.org.
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Many young Jews support a binational state. That doesn’t mean they’re anti-Zionist.
(JTA) — There are three kinds of young Jews the headlines keep confusing: the anti-Zionist, the non-Zionist and the young Jew who loves being Jewish, shows up, feels bound to other Jews, and cannot tell you what happened in 1967. The last is by far the most common kind I meet as the executive director of Hillel at Brandeis University.
The anti-Zionists are certain they have thought it through, and conclude that the Jewish state should not exist. The non-Zionist wants to be Jewish without making the Israel they see in the news central to their Jewishness. The third stays bound to Israel and its people, and wants it safe, democratic and Jewish, even when its government disappoints them. That is because Israel has become part of what it means to be Jewish now, like Torah study or acts of kindness, something you can wrestle with or resent but not simply set down.
A recent poll found nearly half of American Jews under 35 agree that a single binational state of Jews and Palestinians is the best resolution of the conflict. The headlines around the poll imply that these young supporters are anti- or non-Zionist. But I suspect many of those who embraced the idea do not reject Zionism but are expressing something else altogether.
The survey asked which of three resolutions is best. The first, two states for two peoples, looks dead after the peace process has repeatedly failed to deliver that outcome for their entire lives. It’s certainly not an option according to the Israeli consensus, with only 15% of Israeli Jews currently supporting two states.
The second, in which Israel annexes the West Bank and Gaza and rules millions of Palestinians who cannot vote, seems to be the vision of Israel’s current government.
The third option, one democratic country, imagines equal rights for everyone. To a young American of decent instincts and thin knowledge of the region, schooled to see the conflict as a matter of racial equality, the last sounds like simple justice: one person, one vote. Choosing it is not the same as joining an anti-Zionist movement, even if barely 1% of Israeli Jews back it.
Why then would a young Jew, proudly Jewish and emotionally bound to other Jews, embrace such a plan?
It’s because this generation is already too loosely tied to the history and people of Israel to distinguish between a government and a country. The war in Gaza brought this into view. Young Jews today never knew Israel as the underdog of 1948 or 1967. And this generation has simply spent less time there than their peers did a few years ago.
There are many ways to visit Israel: a family trip, a high school or youth group trip, a college internship. For close to 15 years, at Hillels in Michigan, Chicago and now Waltham, Massachusetts, I have taken hundreds of students to Israel, dozens of non-Jewish students to Israel and the Palestinian territories, and worked with thousands more.
Birthright was meant to add to that mix. Yet for many it became the only trip, and even that has diminished: from 50,000 a year before COVID to 20,000 in 2024. Young adults, forming their views now, have visited the least. It is hard to feel bound to a people you’ve never met.
And yet there is another story, and not just a Jewish one. In 2025, Gallup found American pride had fallen to a record low, also along generational lines: Just 41% of Gen Z say they are extremely or very proud to be American, versus 75% of baby boomers and more still among their elders.
Young Americans are loosening their grip on inherited attachments across the board, and young Jews’ disaffection with Israel is one instance of that drift rather than a singular act of rejection. Politics is also dampening their pride: For Jews, the government of Netanyahu and Israeli National Security Minister Itamar Ben Gvir; for polarized Americans, whichever administration sits in Washington.
That parallel points toward the repair. If your attachment to a country rests only on its current government, it collapses the day you cannot stand that government. So defending this Israeli coalition is a losing errand, and the wrong one.
Another round of advocacy training will not do it either. You cannot argue someone into a bond. It makes better debaters, not deeper ties, and too often it binds students to defending a government rather than a people. It is not fair to ask them to defend war aims the government itself has never clearly named.
And bringing more young Jews to Israel, however important that is, is not enough. The real work is to build the connection on something sturdier than politics and more lasting than a week on a bus: Jewish texts and traditions, mentors who bring both intellectual rigor and spiritual depth, and a shared sense of kinship with the largest Jewish community in the world.
Israel is now home to nearly half of all Jews alive. A young Jew who feels bound to that people holds a connection that can survive a government they find objectionable. As we’ve seen in the hundreds of local celebrations of America’s 250th anniversary, our love of country, at its best, can rise above whoever happens to be president. Our connection to Israel can rest on the same kind of ground.
I used to think the job of drawing young Jews to Israel was mostly a matter of better education, more Hebrew and more history. I still believe in those. But literacy lasts only when it is part of a Jewish life that is felt and lived, and the deeper work is to grow roots no argument can pull up. That comes from vibrant Shabbat tables, from Torah studied slowly with someone who loves both the student and the book, from time in Israel, early and often.
Some warn that the Zionist majority among American Jews may evaporate within a generation. Perhaps it will. But note the gap between the 37% of American Jews who call themselves Zionist and the 88% who support Israel’s existence as a Jewish and democratic state. Even if the label slips, the bond endures.
It is the everyday work of Hillel and Jewish educators on hundreds of campuses, here and around the world, to strengthen that bond. The students in this poll are not a cohort to be scolded, or a problem to be scoffed away. We are the ones who let their attachments to Israel grow thinner in their formative years, and the repair is ours to make.
Given how little we have given them, it is remarkable how many still feel bound at all.
Rabbi Seth Winberg is executive director of Hillel at Brandeis, the university’s senior Jewish chaplain and a doctoral candidate in American Jewish history. The views expressed in this piece are his own.
This article originally appeared on JTA.org.
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