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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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At Eurovision, Israel’s near triumph shows the limits of tolerance
VIENNA — A keffiyeh was blocking my view, and it bothered me less than I would have expected.
It was around 9:45 pm, and I was standing outside Vienna’s city hall, where the city had erected a “Eurovision village.” The pan-European singing competition was taking place in the former Habsburg capital, grand architecture framing massive public viewing screens.
Security was tight. Visitors weren’t allowed to bring bags inside the area, and we were patted down by two separate guards before we were allowed to enter. In August 2024, a foiled terror attack led to the cancellation of three Taylor Swift concerts, an international embarrassment authorities were keen not to repeat.
And then there were the protests over Israel’s participation.
The day before, an anti-Israel solidarity concert had featured a video call with Unorthodox author Deborah Feldman, who said she was protesting the “whitewashing” of a genocide. A separate “song protest” reportedly escalated from chants of “One love” to “Death, death IDF.” Earlier that day, demonstrators had marched along Vienna’s main shopping boulevard. By the time evening rolled around, a group of clowns had gathered outside the parliament, practicing creepy, Joker-like laughs and holding signs that said “United by Genocide,” a play on the Eurovision Song Contest’s slogan. “United by Music.”
For a contest that insists on being apolitical, Eurovision had become unmistakably political.
I didn’t care much for the music, but world events were unfolding here in Vienna, and I wanted to see them up close.
Israeli singer Noam Bettan was the third to perform. As he got on stage and started singing “Michelle,” a couple of people in the crowd I was standing in started shouting “Free Palestine” at the screen. The chants weren’t loud enough to drown out the performance
Then, someone in front of me raised a keffiyeh, stretching it between both hands and waving it in the air. It blocked my view. I considered asking him to lower it. But did I really want to risk a confrontation? Instead, I stepped sideways – slightly annoyed, but telling myself this was the price of tolerance.
Only later that night did I begin to wonder whether tolerance was, in fact, a shared value.
Back home, I watched the voting. Just before 1 a.m. the audience vote catapulted the Israeli act into the lead. In the previous two years, Israeli entries had also performed strongly with viewers, placing first and second in the public vote without winning overall. The reasons have been debated: diaspora support, savvy promotion, or simply songs that fit the Eurovision formula — catchy, theatrical, sung with a powerful voice. (Israel has won the competition four times, most recently in 2018.)
Israel’s promotional efforts have drawn criticism, but no evidence of manipulation has emerged, and the public broadcaster KAN has responded quickly to European Broadcasting Union reprimands.
It didn’t matter. Social media filled with accusations that Israel had cheated. In the arena, just before Bulgaria’s points were announced, the booing aimed at Israel’s entry grew so loud it was clearly audible on the broadcast.
Bulgaria won, Israel came in second, and I felt something close to relief. At a time when several countries had already stayed away and others were wavering, it seemed less like a celebration than a breaking point. I wouldn’t want to witness what would happen if Eurovision were to be held in Israel next year.
It had been easy to move when the keffiyeh blocked my view. One step to the side, and the problem was gone. However, there was no stepping aside from what came later. Freedom of speech is about making space, but it can also be used to close it.
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Israel’s Noam Bettan takes 2nd at Eurovision, buoyed by scrutinized public vote
(JTA) — The Israeli contestant in the Eurovision Song Contest won second place for the second year in a row, drawing a strong public vote despite protests over Israel’s inclusion in the contest.
Noam Bettan and his song “Michelle” ranked third in the public vote and eighth in the jury vote, which combined to give him second place behind the entry from Bulgaria, which won the contest for the first time.
Bettan thanked his fans in a post on Instagram after leaving the stage.
“I’m still processing everything and trying to find the words for this incredible journey. You guys are amazing and this is all because of you. I love every single one of you!” he wrote. “This is just the beginning, there are so many amazing things in the way! 🤍Am Israel Chai!!!”
Five countries boycotted the contest this year over Israel’s inclusion, citing Israel’s military operations in Gaza. After the competition, a spokesperson for VRT, Belgium’s national broadcaster, said the country was unlikely to participate next year unless the European Broadcasting Union, which runs the contest, makes “a clear statement against war and violence and for respect for human rights.” Belgium came in 21st of 25 competitors in the final.
Bettan faced a smattering of boos both during the semifinal on Tuesday and during the final on Saturday in Vienna, as well as when Israel briefly led the leaderboard during the announcement of the audience votes. He told the Jewish Telegraphic Agency ahead of the final that he believed he had more fans than detractors and that he would focus on them.
Israel scored 220 points in the public vote after drawing a formal warning from the EBU for its campaign urging supporters to send all 10 of their votes to Bettan. Israel’s broadcaster called off the campaign after being told it was “not in line with our rules nor the spirit of the competition.”
Israel also drew 123 points from national juries, more than twice what it earned last year when 22 countries awarded Israel no points at all in a result seen as driven in part by political tensions.
This article originally appeared on JTA.org.
The post Israel’s Noam Bettan takes 2nd at Eurovision, buoyed by scrutinized public vote appeared first on The Forward.
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It looks like a kaffiyeh, but this pro-Israel influencer wants you to wear a sudra
In a recent viral Jubilee video viewed more than 1.5 million times, pro-Israel activist Rudy Rochman sits across from a group of 20 pro-Palestinian activists, debating the Israeli-Palestinian conflict. Draped around his neck is a black-and-gray checkered scarf that looks almost identical to a kaffiyeh.
Look closer, and the pattern resolves into something else: tiny Stars of David clustered together, alongside Hebrew lettering spelling out Am Yisrael Chai — “the people of Israel live,” which has became a mantra after Oct. 7 and the hostage crisis. It’s not a kaffiyeh, Rochman says, but a modern twist on the sudra, a cloth head covering once worn by Jews across the Middle East — and he wants to bring it back.
Since the Gaza War, the kaffiyeh has become an increasingly visible symbol of pro-Palestinian activism. Now, Rochman is part of a small but growing effort to revive the sudra as a marker of Jewish identity rooted in the Middle East. He runs the company My Sudra, promoting and selling the garment online. It has been embraced by a niche but visible group of young pro-Israel influencers.
Rochman, a 32-year-old Jew of Moroccan and Algerian descent, said he and his family wore sudras during celebrations like bar mitzvahs and weddings. In old family albums, Rochman says most photos of his grandfather and great-grandfather show them donning the garment in Morocco.
As a child, Rochman understood the head covering as Middle Eastern rather than distinctly Jewish. Once he learned about its connection to Judaism, he set out to revive it, beginning to create sudras in 2016 while a student at Columbia University.
The term sudra appears in rabbinic literature, including the Mishnah and Talmud, as a general term for a cloth typically worn as the religiously prescribed head covering, though some sources describe Jews wearing it around their necks. Experts say Jews across the Middle East wore sudras, likely before the Middle Ages, with styles varying by region and period.
From the Middle Ages into the modern era, Jews in the Middle East, classified as dhimmis, sometimes faced legal restrictions on dress. One notable prohibition during certain periods was the wearing of a headscarf or turban by Jews, including the sudra.
“This form of headgear by Jewish men was not tolerated in many communities,” said Gillian Vogelsang-Eastwood, a textile historian specializing in Middle Eastern dress. “Men could wear the kippah, but nothing significant in public on the head.”
Over time, she said, those constraints contributed to the fading of the custom.
“For me, it’s about reviving an aspect of our culture that was beaten out of us by force,” said Rochman. “It’s not like we consciously made a decision. ‘Hey, we want to stop wearing sudras.’ We were forced to stop wearing it.”
Historically, sudras did not usually feature identifiably Jewish symbols. The Kurdish sudra is an exception, incorporating circles and dots with religious meaning. Even in Rochman’s own family photos, his ancestors typically wore plain white sudras.
Rochman, however, has deliberately added Jewish symbols to make the garment legibly Jewish to contemporary eyes.
Rochman sells sudras in various colors, including a black and white version that looks exceptionally similar to the Palestinian version of the kaffiyeh. Instead of the pattern of zig-zag stripes and criss-crossed squares that can be found on that kaffiyeh, Rochman’s sudra has stars of David juxtaposed to create a similar checkered pattern, as well as Jewish symbols like the menorah, along with the phrase Am Yisrael Chai.
The resemblance to the kaffiyeh is not accidental.
The kaffiyeh is widely seen today as a symbol of Palestinian identity and resistance, but it did not always carry that meaning.
According to Vogelsang, “The kaffiyeh is basically regarded as a 19th-century development worn by farmers in Syria,” she said. “The Jordanian army later adopted it as part of their uniforms.”
Vogelsang says its political symbolism developed in the 20th century, particularly through its association with Palestinian nationalism and figures such as PLO leader Yasser Arafat, who popularized the black-and-white kaffiyeh widely worn today.
Some say the patterns on the Palestinian black-and-white kaffiyeh represent different aspects of Palestinian culture. The criss-cross lines represent the Palestinian ties to the Mediterranean Sea because of their resemblance to fishnets; the black stripes symbolize trade routes through Palestine; and the curved lines are said to symbolize olive trees.
But Vogelsang and other experts say that this symbolism is a modern interpretation of older patterns. “They didn’t have these meanings. The Palestinian community has given them these meanings,” she said.
Patterns like checks and stripes were often used for garments in the Middle East, not because of any particular symbolism, but because “they are just an easy, convenient design to make,” said Vogelsang. Both Jews and Muslims used whichever fabrics were locally available, often checkered and striped patterns commonly associated with the modern-day kaffiyeh.
In a similar way, Rochman’s sudra takes on explicit political meaning through the inclusion of the phrase Am Yisrael Chai, popularized in the 1960s as a rallying cry for Soviet Jewry and now widely used at pro-Israel demonstrations. In that sense, his garment does not just revive a historical practice, but imbues it with ideological significance.
“Being a Zionist outwardly was kind of seen as excessive before Oct. 7, but after Oct. 7 it became something that was cool again,” Rochman said, adding that interest in — and sales of — his sudras increased following the attacks and the war in Gaza that followed.
I asked Rochman if he’s ever worried about being mistaken for wearing a kaffiyeh or accused of cultural appropriation. Dozens of Reddit threads are dedicated to the topic online. In the Jubilee video, one Palestinian activist tells him, “Are you going to pretend that the kaffiyeh you’re wearing is not a culturally appropriated kaffiyeh? And you just added the Hebrew and all of that to it.”
But he is not particularly bothered by either accusation.
“I look at it as just an opportunity to tell that person, whether a Jew or not a Jew, that doesn’t know anything about a part of Jewish culture, who we are and what we are.”
And while Rochman’s main goal is to help younger generations of Jews understand a part of their history that has faded, he hopes that more Jews wearing the sudra will also foster a greater understanding of Jewish history in the Middle East.
“We need to know where we’re from,” Rochman said. “And if it helps us connect with other Middle Eastern peoples, that’s amazing too.”
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