Uncategorized
She represents the ‘worst of the worst.’ Now Judy Clarke is leading the defense in Pittsburgh synagogue massacre trial.
PITTSBURGH (Pittsburgh Jewish Chronicle via JTA) — When Judy Clarke delivered her opening statement to the jury that will determine the fate of the man charged with committing the massacre in the Tree of Life synagogue building, she did not deny that her client was responsible.
In fact, she sympathized with the victims and their families.
Clarke, 71, began her address by acknowledging the horror of Oct. 27, 2018, and its aftermath.
“The tragedy that brings us together today,” she said in a soft-spoken yet confident voice, is “almost incomprehensible. It’s inexcusable. … Eleven lives were taken, others shattered. The loss that occurred is immeasurable.”
She told the jury there was “no disagreement, no doubt” about the identity of the perpetrator. It was “the man seated at that table,” she said, indicating her client. “He shot every person he saw and, in the process, injured others in their sacred spaces.”
Clarke was appointed to Robert Bowers’ defense team in December 2018, after he requested the counsel of a federal public defender specializing in death penalty cases. He faces 63 criminal counts related to his attack on congregations Dor Hadash, New Light and Tree of Life*Or L’Simcha. Many of the charges carry the death penalty.
Support JTA’s partnership with the Pittsburgh Jewish Chronicle throughout this trial.
As the trial proceeds, Clarke won’t try to convince the jury her client isn’t guilty. A “win” for her defense team will be for the defendant to avoid a death sentence and instead have him remain in prison for the rest of his life.
Clarke has vast experience defending those whom some call “the worst of the worst.” Her roster of past clients includes Susan Smith, who murdered her two young sons by drowning them in a lake in South Carolina; Theodore Kaczynski, otherwise known as the Unabomber; Buford Furrow, a white supremacist who opened fire in a Jewish community center outside of Los Angeles in 1999; Eric Rudolph, who planted a bomb in Centennial Olympic Park in Atlanta during the 1996 Summer Olympics; and Dzhokhar Tsarnaev, a perpetrator of the Boston Marathon bombing.
Except for Tsarnaev — whose case is under appeal — Clarke succeeded in avoiding a death sentence for all her clients, either by negotiating a plea deal or by convincing the jury that mitigating factors, such as a mental illness, precluded imposition of the ultimate punishment.
Clarke’s team tried to negotiate a deal for a life sentence for Bowers in exchange for a guilty plea but was unsuccessful. Four and a half years after the deadliest antisemitic attack in U.S. history, the three-week jury selection process commenced on April 24 and testimony began on May 30.
“This is not a straightforward murder case,” Clarke told the jury in her opening statement. The federal charges — which include obstruction of free exercise of religious beliefs resulting in death — must be proved by showing the defendant had the requisite intent to commit those particular crimes, she said.
She acknowledged that her client’s actions on Oct. 27, 2018, were “reprehensible” and “misguided” and recounted his virulent social media postings and other rantings about Jews. But she also portrayed him as “quiet” and “socially awkward, a man with few friends.” He didn’t live on his own until he was 44, she said, and his family saw him as someone “more likely to commit suicide than kill others.”
It’s clear that Clarke is appalled by her client’s actions. It’s also clear that she is determined to see that his rights are protected and that the judge and the jury faithfully apply the rule of law.
“Judy is one of the best lawyers I’ve ever known,” said Laurie Levenson, a professor at Loyola Law School in Los Angles and a former federal prosecutor. “She works insanely hard. She spends the time with the clients that she needs to. She doesn’t believe in the death penalty, and she’s devoted herself to representing people who are, you know — ‘the Voyage of the Damned’ is what she would say.”
Levenson, who has known Clarke for three decades, described her as “honest” and “very humble.”
“She doesn’t stand against the victims,” Levenson stressed. “I think she actually feels very much for the tragedy that occurred. But she has a job to do, which is to try to save her client’s life. And she does it with integrity.”
The two met during the Unabomber case, when Clarke was representing Kaczynski and Levenson was a legal commentator for CBS. Kaczynski at first resisted a plea deal sentencing him to life in prison because he did not want to admit to mental health issues.
Defense attorney Judy Clarke, at right, responds to questions at a press conference after the trial of Unabomber suspect Theodore Kaczynski was delayed in Sacramento, California, Jan. 8, 1998.(Rich Pedroncelli/AFP via Getty Images)
“She had a very difficult client, one that I think a lot of people would just sort of throw up their hands and say, ‘What can I do?’” Levenson recalled. “And she was able to get him to agree to that plea, which probably saved his life.”
Ted Kaczynski’s brother, David Kaczynski, praised Clarke for her ability to see humanity, even in those who have committed unspeakable atrocities.
“She has a really good heart, a really good intention,” David Kaczynski said. “I think she really cares about her clients. I think she has a kind of unconditional commitment to their humanity. And, of course, that meant a lot to me, because as much as I deplore what my brother did in harming people, I love him. He’s my brother.”
“So it’s a very fine line to walk, representing the client who has clearly got some serious personal problem,” he continued. “Ted was quite a loner. He was very shy. He had a very difficult time connecting with anybody. And in this very difficult situation, Judy was able to be there for him, and I think that was really meaningful for Ted, that he had some support, some human connection at this time of crisis in his life.”
David Kaczynski has followed Clarke’s career and continues to be impressed with her “professionalism and sense of humility.”
“I think the legal profession is trained to be strictly analytical and adversarial,” he said. “And she somehow works within this environment in a way that preserves her humanity as she’s trying to make people aware of the humanity of someone whose very right to exist is in question.”
Some question whether a person who has committed a heinous crime deserves a zealous defense. Levenson insists they do.
Our judicial system is “best served” when capital defendants are provided with a high-caliber defense, Levenson said, because “it’s in these situations where people are so emotionally invested that we can get it wrong.”
In addition to being a former prosecutor, Levenson created the Loyola Project for the Innocent, which works to get those who are serving sentences for crimes they did not commit out of prison.
Defense attorney Judy Clarke, seen here in Pittsburgh in 2023, is representing the man accused of murdering 11 Jews during Shabbat services in Pittsburgh in 2018. (Screenshot from KDKA report)
“I’ve seen firsthand that there are far too many lawyers who just immediately assume that their client’s not only guilty but should get the most severe punishment — that there’s nothing to be said on their client’s behalf,” Levenson said. “And you and I both know there’s a lot more to any given case, and that even people who do terrible crimes have other aspects of their lives that the justice system should consider.”
“In our system, we are supposed to consider each case, each individual, the facts, and not only determine whether someone’s guilty but what should happen to them,” she continued. “And that works well. When you have a lawyer who’s just going through the motions — and the one thing you can say about Judy is she doesn’t just go through the motions — I think the public can have more confidence in the verdict. As long as that lawyer is acting honestly and with integrity, it’s so much better to have that zealous advocate.”
The massacre at the Tree of Life building “was just a terrible, terrible, terrible tragedy,” said Levenson, who is Jewish. Clarke “will do her best to keep the case in perspective. In other words, focus not on big messages, but on this individual and any mitigating factors for this individual.”
Jon B. Gould, dean of the School of Social Ecology at the University of California-Irvine, has researched attorneys who specialize in death penalty cases. In 2019, along with Maya Pagni Barak, he published “Capital Defense: Inside the Lives of America’s Death Penalty Lawyers,” a book based on extensive interviews, providing insight into the reasons someone would willingly represent a person who has committed an egregious crime.
“They are an unusual kind of lawyer,” Gould said. “They’re actually an unusual kind of person because for many of these cases, they are representing what is sometimes said to be ‘the worst of the worst.’”
There are a variety of motivating factors for capital defense work, Gould said. Some of these lawyers are strongly opposed to state-sanctioned killing. For others, he said, “it is the excitement of the most complicated kind of law.”
Other death penalty specialists take the cases for “professional prestige,” and some do it for the money because capital defense lawyers get paid more than regular defense lawyers, Gould said. Some take the cases for religious reasons.
“Now, that’s all in the larger context of none of these lawyers looks at the facts of the case and thinks it’s anything other than a horrific tragedy,” Gould stressed. “I also found that for many of them, they are entirely sympathetic to the family members of the victims. They don’t look at these cases and think, no big deal. They look at these cases and think that’s something horrible that happened to the victim’s family, but they also look at the defendant and think, as one of them said to me, ‘No one gets to this place of being the defendant without having something horrible having happened to them earlier in life.’”
Death penalty cases are “really, really, really hard on defense lawyers,” Gould added. “It’s really distressing work. The evidence that they have to pore through is horrific. Many of them have PTSD.”
While many people “look at defense lawyers and think there must be something wrong with them,” Gould said it’s essential to remember “that they are fulfilling a very important function in the criminal justice system that none of us would ever want to have to do.”
“That doesn’t mean that any of us is unsympathetic to the victims,” he emphasized. “No one deserves what’s happened in any of these cases. But if we do believe in the rule of law, then there needs to be capital defense lawyers. And we need to respect the work they’re doing because that’s what it means to live in a system of rule of law and not simply a system where we simply execute people in the town square without the opportunity to have a defense.”
This story is part of ongoing coverage of the Pittsburgh synagogue shooting trial by the Pittsburgh Jewish Chronicle and the Pittsburgh Union Progress in a collaboration supported by funding from the Pittsburgh Media Partnership. It is reprinted with permission.
—
The post She represents the ‘worst of the worst.’ Now Judy Clarke is leading the defense in Pittsburgh synagogue massacre trial. appeared first on Jewish Telegraphic Agency.
Uncategorized
Israel approves $31.5 million plan to strengthen Jewish education in North America
(JTA) — JERUSALEM – Israel’s government has approved a NIS 100 million ($31.5 million) plan, initiated by Prime Minister Benjamin Netanyahu, to strengthen Jewish education in North America, a statement from his office said Wednesday.
Based on a partnership and joint investment with North American Jewish communities, the goal of the plan is to strengthen Jewish identity and ties to Israel among the next generation of Diaspora Jews in the United States.
The approval of the plan, which was developed with representatives of the Jewish Federations of North America (JFNA), follows a government decision made in June.
It comes a day after Israel’s parliament, the Knesset, was sworn in and two weeks after a national election left Netanyahu facing a battle to stay in power as his rival, Gadi Eisenkot, received the mandate to form the next government.
It also comes amid signs of growing disaffection among Diaspora Jews, particularly younger generations, toward Israel and the Netanyahu-led government. Recent polls suggest that support for Israel among Diaspora Jews, especially in response to its policies in Gaza and on matters of democracy, is slipping.
A February survey of American Jews by the Jewish Federations of North America found that only one-third of American Jews aged 18-34 identify as Zionist, even as nearly nine in 10 say they support Israel’s right to exist as a Jewish and democratic state.
A separate Pew poll in May examining American views of Israel found that Jewish attitudes have shifted since 2024. The survey found that 83% of Jews view the Israeli people favorably, down from 89% in 2024, while 47% view the Israeli government favorably, compared with 54% in 2024.
“The plan we approved today, in partnership with Jewish communities in North America, is an investment in the future generation of Diaspora Jews. Together, we will strengthen Jewish identity, deepen the connection to Israel and ensure that our heritage and values are passed proudly from generation to generation,” Netanyahu said in the statement.
“The future of the Jewish people depends on our ability to ensure that future generations know their heritage, connect to their Jewish identity and maintain their deep ties to the State of Israel,” he said, adding that Israel would not “stand idly by in the face of challenges,” such as antisemitism.
Under the framework of the plan, which will focus on increasing the number of students enrolled in Jewish educational frameworks, the Israeli government allocation will be matched 50% with funding from Jewish Federations and other non-governmental sources.
JFNA said in a statement that it welcomed the Israeli cabinet’s decision to invest in Jewish education across the U.S. and Canada, calling it an “unprecedented partnership between the Government of Israel and North American Jewish communities to strengthen Jewish identity and ensure a vibrant future for the Jewish people.”
“We are proud to launch this historic partnership with the Government of Israel to expand access and grow enrollment in Jewish day schools across North America,” said Gary Torgow, chair of the Board of Jewish Federations of North America.
Eric D. Fingerhut, JFNA’s president and CEO, said the partnership “reflected the shared commitment of Israel and North American Jewry to strengthening Jewish identity and expanding educational opportunities for more families.”
This article originally appeared on JTA.org.
The post Israel approves $31.5 million plan to strengthen Jewish education in North America appeared first on The Forward.
Uncategorized
Netanyahu called for unity. His anti-Arab speech to the Knesset may have made it impossible.
Benjamin Netanyahu stood before Israel’s newly sworn-in Knesset this week and called for a national unity government. By the time he finished speaking, he may have made such a government under his leadership all but impossible.
At an occasion associated with festivity, democratic continuity and national purpose, Netanyahu denounced members of the Israeli Arab parties as “terror supporters, haters of Israel” and declared that Ra’am and the Joint List “both agree that the Jewish state must be destroyed.” He questioned his opponents for contemplating a government dependent on their support, asking whether they were prepared to entrust the country’s fate to people bent, in his mind, on its destruction.
Neither Arab party’s platform calls for the destruction of Israel, although the Joint List certainly does challenge elements of the Zionist consensus. Netanyahu’s speech portrayed them as existential enemies, which prompted heckling from former premier Naftali Bennett, part of the leadership team forming a coalition with Gadi Eisenkot. And then Netanyahu called for national unity – as if the one-fifth of Israelis who are Arab citizens are not part of the nation.
Whatever his intentions, the effect was to remind a substantial part of the Israeli electorate why it has become so difficult to contemplate another government headed by Netanyahu.
“I sat and listened to the outrageous, divisive, hateful and disgraceful speech by the outgoing prime minister,” said Eisenkot, the former military chief who was tapped by President Isaac Herzog to form a new government after winning the recommendation of 67 out of 120 Knesset members. “I am even more convinced that he is unfit to remain in office for even one more minute … His continued rule is dividing Israel and endangering its security.”
Political history is full of speeches and interviews that acquire a significance far beyond the circumstances in which they were delivered. Sometimes they capture a leader’s finest qualities. Sometimes they expose weaknesses that opponents had long suspected. And sometimes they become defining moments precisely because they reveal a politician’s lack of self-awareness.
Hillary Clinton’s reference to Donald Trump’s supporters as a “basket of deplorables” became an enduring symbol, evidence of the liberal condescension critics suspected of her. Mitt Romney’s privately recorded remarks about the “47 percent” of Americans he regarded as dependent on government came to encapsulate perceptions of an out-of-touch plutocrat. George W. Bush’s appearance beneath a “Mission Accomplished” banner became a monument to the premature triumphalism of the first Iraq War. Margaret Thatcher’s declaration that “the lady’s not for turning” crystallized the determination that admirers celebrated and critics considered inflexibility.
A few words in a speech can come to define an entire political personality – and Netanyahu already has one such speech to his credit.
In March 2015, he addressed a joint session of the United States Congress to warn against the nuclear agreement the Obama administration was negotiating with Iran. It was a dramatic performance, greeted enthusiastically by Republicans and regarded by many Democrats as an extraordinary intervention in an American political dispute. The lasting significance was the deterioration of Israel’s relationship with Democrats – or at least Netanyahu’s.
Eleven years later, Netanyahu may have delivered another defining speech, this time with consequences much closer to home.
This week’s setting was the swearing-in of Israel’s 26th Knesset. Netanyahu had lost his parliamentary majority, backed by just 53 of 120 seats. Eisenkot had already begun coalition negotiations, and the possibility of a broad national unity arrangement remained part of the political conversation – until, it seems, the speech.
Netanyahu invoked Israel’s grave security challenges, particularly the threat from Iran, to argue that only a unity government could meet the moment. But he grounded that appeal with a vicious attack on the Arab parties and on those prepared to cooperate with them.
His rhetoric will undoubtedly resonate with some Israelis. Many Jewish Israelis, including some who voted for opposition parties, are uncomfortable with the prospect of a government dependent on Arab political support. That discomfort is not simply racism, it reflects a complicated history in which Jewish and Arab citizens of Israel share a country while often identifying differently with the broader Israeli-Palestinian conflict.
Arab Israelis share ethnic, cultural, religious and familial ties with Palestinians and with populations across a region whose states have, at various times, fought wars against Israel. In a country that has lived with existential fears since its founding, such ties have sometimes generated suspicions of divided loyalties. Objectively, they could be suspected of being a classic potential fifth column that works covertly with Israel’s surrounding enemies, who share their religion and ethnicity.
But the actual record of Arab citizens’ participation in Israeli society tells a very different story from the one Netanyahu presented or what fear and conspiratorial thinking could suggest.
Arab Israelis are deeply embedded in the country’s institutions, professions and daily life. They constitute roughly half of Israel’s pharmacists and about a quarter of its doctors and nurses. Arab citizens have served as judges, including on the Supreme Court. Justice Salim Joubran, an Arab Christian, chaired Israel’s Central Elections Committee in 2015.
They are integral to the functioning of the Israeli state. And despite decades of conflict, the overwhelming majority of Arab citizens have pursued their lives and political aspirations through civic institutions rather than violence or subversion. Cases of terrorism or disloyalty have been extremely rare.
I am a frequent guest, interviewee and host at events run by Bokra, an NGO and news website run by Ghada Zhoabi, a champion of peace, integration and coexistence. I thought of this fine Israeli Arab leader, presently celebrating a successful get-out-the-vote campaign, besmirched by her prime minister.
There is a crucial distinction between rejecting Zionism as a political ideology, advocating a state of equal citizenship, supporting Palestinian national aspirations and seeking Israel’s violent destruction. Netanyahu’s speech erased those distinctions.
Indeed, Mansour Abbas, the leader of Ra’am, has gone further than many Arab politicians before him in seeking practical accommodation with the Israeli political system. His party joined the Bennett-Lapid coalition in 2021, an unprecedented step for an independent Arab party. Abbas has repeatedly emphasized his commitment to pursuing his constituents’ interests through Israeli politics. And he has accepted Israel as a Jewish state.
Responding to Netanyahu’s accusations, Abbas declared that his party was not seeking to establish either an Islamist or an Arab state in Israel. “We have defined ourselves within the State of Israel as citizens,” he said, reiterating his support for peace and a two-state solution. He also emphasized that his party condemns terrorism. He said the speech created danger to his life and to his family.
For a prime minister to respond to such overtures by portraying Arab political participation as a threat to the state’s very existence is to throw a grenade into a powder keg.
And that explains, in part, why the reaction to the speech was so swift and harsh.
Eisenkot’s Yashar party had scheduled a meeting with Likud representatives to explore coalition possibilities. Following Netanyahu’s speech, Eisenkot canceled it, describing the address as divisive and inappropriate for the ceremonial opening of the Knesset. Likud responded that Netanyahu stood by his remarks but remained committed to national unity.
Even Aviv Bushinsky, a former Netanyahu communications adviser, expressed bewilderment. He contrasted the performance with Netanyahu’s conciliatory appeal for unity in 2019 and recounted receiving calls from foreign ambassadors who had attended this week’s ceremony and wondered what they had just witnessed.
National unity requires something that cannot be measured in parliamentary seats: mutual legitimacy and a minimum of trust. Political adversaries must believe that cooperation will not become another instrument of their humiliation or marginalization.
For many Israelis who voted for parties opposed to Netanyahu, the central obstacle is not necessarily Likud, its voters or even its policy preferences. It is Netanyahu himself.
Years of political conflict, disputes over democratic institutions and the unresolved reckoning over Oct. 7 had already made his continued leadership unacceptable to many opposition voters. But the speech may have hardened that sentiment into something even less negotiable, offering a fresh illustration of the political behavior they had voted to end.
Netanyahu’s speech did not make a unity government under his leadership more plausible. It made it harder to imagine.
The post Netanyahu called for unity. His anti-Arab speech to the Knesset may have made it impossible. appeared first on The Forward.
Uncategorized
Pope praises the bond uniting the Catholic Church with the people of Israel
(JTA) — BUENOS AIRES – Pope Leo XIV reaffirmed the Catholic Church’s spiritual bond with the people of Israel during an interfaith gathering in Buenos Aires, a statement that drew particular attention from Jewish leaders amid growing antisemitism in Europe and elsewhere.
“Following the teachings of the Second Vatican Council, I wish to reaffirm the spiritual bond that unites the Church with the people of Israel,” and “our sincere respect for what is holy and true in the different religious traditions,” the Pope said Nov. 9 during a meeting with representatives of various religious communities at San Martín Palace, Argentina’s Foreign Ministry headquarters. The Second Vatican Council, from 1962 to 1965, shaped the church’s strategies for dealing with the modern era.
“The statement was a pleasant surprise to us, especially at a time when antisemitism is resurfacing, as it is in Europe,” Isaac Sacca, chief rabbi of the Sephardic Community of Buenos Aires, told the Jewish Telegraphic Agency. “That is very meaningful to our people,” he said.
“The meeting was moving on several levels,” added Sacca, who also is the president of Menora, a Jewish youth organization. “All the different religious communities that coexist in harmony and peace in Argentina came together and showed themselves as they truly are before the pope.”
Addressing around 100 religious leaders, Leo highlighted Argentina’s history of religious and cultural diversity, describing the country as a meeting point of different peoples and traditions.
“Hearing those words from Pope Leo himself, just a few meters away, was very comforting,” Rabbi Marcelo Polakoff, commissioner for interreligious dialogue of the World Jewish Congress in Latin America, told JTA. “Moreover, his use of language about honoring the People of Israel struck me as significant, since I don’t think that terminology is commonly used in Church documents. It gives his approach an even greater sense of closeness. He is clearly continuing the strong legacy of interreligious dialogue established by Pope Francis, Benedict XVI, and especially John Paul II.”
Leo praised Argentina’s tradition of welcoming immigrants. “Argentina’s national identity has taken shape as a melting pot of races, cultures and religions, formed by its Indigenous peoples and the many immigrants from different parts of the world who arrived in this land over the centuries, bringing with them their dreams and their faith,” Leo said.
“At first, they were Catholics, Protestants and Jews, and later many others. Despite their differences, they all learned to work together, to form families and communities, and to build settlements and villages, in an admirable blending of their traditions with local customs,” he added.
Rabbi Ariel Stofenmacher, rector of the Latin American Rabbinical Seminary, drew a connection between Nostra Aetate, the historic 1965 Vatican recalibration of the church’s relations with other religions, and Leo’s speech.
“The pope emphasized the need to strengthen relations with the people of Israel and with Judaism. He revisited the ideas behind Nostra Aetate, particularly the relationship between the Church and Judaism. He also expressed his gratitude for the spirit of brotherhood,” Stofenmacher said.
“I think Pope Leo is showing that he is a leader on a global scale, someone who is not afraid to address difficult issues and who puts social and family issues at the forefront,” added Stofenmacher, who is also rector of the Isaac Abarbanel University Institute.
In addition to religious authorities and leaders of rabbinical institutions, the pope also invited prominent representatives of Argentina’s Jewish community. Among those present were representatives of AMIA, the main Jewish community center in Buenos Aires, and DAIA, the political umbrella organization representing Argentina’s Jewish community.
“The pope emphasized at the meeting that religions are guardians of human integrity — that is, each person’s dignity in its spiritual, social, and communal dimensions,” AMIA chief rabbi Eliahu Hamra said. “We are united in defending that dignity and in upholding the value of every human being.” The interfaith gathering opened with a live orchestra playing a tango song from iconic composer Astor Piazzolla as religious leaders assembled and waited for the pope. It was a distinctly Argentine musical choice, rather than music associated with any particular religious tradition.
“There was a tango performance at the beginning, so there were no religious elements in the ceremony, precisely out of respect for all faiths, as I understand it. The whole event was a real pleasure, ” Rabbi Sacca told JTA.
“I believe we must remain engaged in this effort,” said Rabbi Polakoff. “At the World Jewish Congress, we presented the document Kishreinu, which was conceived as a Jewish response to Nostra Aetate. That was in November 2022. I believe we must continue working along those lines, and I think we have an exceptional partner in Leo XIV to do so.” The meeting concluded with a minute of silence for world peace and the victims of violence.
Monday’s meeting followed two earlier events in Buenos Aires. Pope Leo XIV first visited a residential care facility for people with disabilities on the outskirts of the city. He then celebrated Mass at Palermo Park, drawing an estimated crowd of more than 2 million people.
The pope’s four-day visit to Argentina began Sunday, Nov. 8, following his visit to Uruguay. It continued Tuesday in Córdoba province, where he celebrated Mass before returning to Buenos Aires. On Wednesday, he plans to visit the city of Luján for another Mass before departing for Lima, Peru, the final stop of his South American tour.
This article originally appeared on JTA.org.
The post Pope praises the bond uniting the Catholic Church with the people of Israel appeared first on The Forward.
