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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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J Street goes on the offensive against AIPAC-backed candidates
(JTA) — J Street, the liberal Jewish Middle East advocacy group, announced that it will spend $3 million to defeat a handful of Republican candidates backed by AIPAC, joining the plethora of progressive groups targeting the American Israel Public Affairs Committee this election year.
Such an attack campaign is an unusual initiative for J Street, which typically endorses candidates but does not target opponents on the basis of an AIPAC endorsement. Until now, according to J Street President Jeremy Ben-Ami, the likelier scenario for his organization was finding its endorsed candidates on the defensive against AIPAC’s spending.
“It’s a new era for us,” Ben-Ami said in an interview. In 2022, J Street targeted an AIPAC backed candidate — but only after AIPAC barraged the J Street endorsed candidate with negative spending.
In a statement, J Street said that this will be the group’s largest super PAC investment in its history, referring to political action committees that can raise unlimited funds but are forbidden from coordinating with campaigns.
The $3 million will be spent on ads targeting Republican Rep. Mike Collins, who is running for U.S. Senate in Georgia against Democratic Sen. Jon Ossoff, who is Jewish, and a handful of incumbents: Ohio Rep. Max Miller, who is running for reelection amid allegations of domestic abuse, which he denies; Wisconsin Rep. Derrick Van Orden; Pennsylvania Rep. Ryan Mackenzie; and Iowa Rep. Mariannette Miller-Meeks.
Ben-Ami said J Street targeted those particular candidates in part because they each face competitive races as the Democrats look to take control of the House and Senate and they have ideological distance from J Street. Many of them were also connected to the movement to deny and overturn the 2020 election results, Ben-Ami said.
J Street’s campaign comes as AIPAC’s brand has become increasingly toxic among voters, and as a growing number of Democratic politicians cross its red line of supporting conditions on U.S. military aid to Israel. J Street’s position, meanwhile, has recently drifted toward supporting a phasing-out of military aid to Israel in 2028.
AIPAC blasted the campaign in a post on X. “Is this from J Street or Justice Democrats?” AIPAC wrote, referring to the progressive organization that has increasingly aligned with pro-Palestinian advocacy.
“A dark money super PAC spending millions to defeat pro-Israel candidates and lie about AIPAC,” the group wrote. “Not a word about helping elect pro-Israel candidates further exposes the difference between J Street and actual pro-Israel organizations.”
AIPAC has been a heavy spender since it launched its super PAC, United Democracy Project, ahead of the 2022 midterms, and is the top outside spender in this election cycle, according to Open Secrets. A number of anti-AIPAC, pro-Palestinian groups have emerged over the past year to counter the pro-Israel lobbying group’s spending.
Unlike those groups, J Street and AIPAC have some overlap in which candidates they back: Both groups endorsed moderate, pro-Israel Democrats such as Reps. Hakeem Jeffries and Dan Goldman. J Street’s super PAC has also previously targeted individual candidates for their AIPAC endorsement, such as Rep. Haley Stevens in 2022, citing AIPAC’s donations from right-wing megadonors.
An AIPAC spokesperson wrote that it is “disappointing, but not surprising, that J Street continues to amplify lies about our community.”
“AIPAC members are focused on helping elect Democrats and Republicans who will strengthen the U.S.-Israel partnership, while J Street is focused on turning support for the Jewish state into a partisan political football,” said AIPAC’s spokesperson.
Ben-Ami said this year’s campaign is not about “the relationship between us and AIPAC,” but is rather about emboldening candidates who may otherwise worry that they will be up against AIPAC’s war chest.
“We are very conscious that there are many candidates who are afraid of what AIPAC might be able to do politically, and therefore adopt positions and say things about policy because they are afraid, and their fear and intimidation is holding them back,” Ben-Ami said.
Now, he said, J Street is putting “the shoe on the other foot.”
“If you are going to oppose American democracy and provide carte blanche to this Israeli government, then you need to be afraid,” he said.
This article originally appeared on JTA.org.
The post J Street goes on the offensive against AIPAC-backed candidates appeared first on The Forward.
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Germany’s far-right AfD, riding state win, targets more gains in elections from east to west
(JTA) — Germany’s far-right, riding high after winning an eastern state, seeks to capitalize on its momentum in a series of upcoming elections — starting with municipal voting this weekend, followed by two closely watched state contests.
The first test for the Alternative for Germany (AfD) party comes Sunday in municipal elections in the western state of Lower Saxony. A week later, the AfD has its sights on state elections in the capital, Berlin, and the Baltic coast state of Mecklenburg-Western Pomerania.
The AfD beat out other parties in Saxony-Anhalt on Sept. 6 with 43.8% of the vote and 39 of 83 state parliament seats, falling just short of a majority and marking Germany’s greatest far-right victory in a state election since World War II.
“From previous elections, we know that the AfD is currently able to mobilize almost totally its own constituency and potential voters, while its democratic competitors have much more problems,” said Gideon Botsch, the head of the Emil Julius Gumbel Research Unit on Antisemitism and Right-Wing Extremism at Potsdam University.
While polls do not predict the next state election results will match the historic win in Saxony-Anhalt, the AfD currently leads other parties in Mecklenburg-Western Pomerania with about 35% of the vote. And in Berlin, long a stronghold of Germany’s political left, the AfD is jockeying with the center-right Christian Democratic Union (CDU) and the left-wing Linke for first place, with all three polling around 20%.
The AfD, a nationalist, anti-immigrant party whose leaders have proposed rejecting Germany’s “guilt complex” over the Holocaust, has regularly topped nationwide opinion polls for the past year. In surveys asking Germans which party they would choose if federal elections were held “this Sunday,” the AfD often receives the highest results, Botsch told the Jewish Telegraphic Agency.
The AfD has built a dedicated and growing base, said Botsch. Its popularity signals frustration with the mainstream parties in power, particularly the CDU, Chancellor Friedrich Merz’s party, amid a sluggish economy. The AfD is especially popular in eastern Germany, where voters are poorer and hit hard by high energy prices exacerbated by the wars in Iran and Ukraine.
The AfD is likely to perform more weakly in the west, where Lower Saxony will hold a municipal election on Sunday. The party has stronger influence in the east, and Germany’s municipal elections tend to hinge more on well-known figures from established parties, said Roger Stöcker, a political scientist at Otto von Guericke University in Magdeburg. Still, even if the AfD doesn’t transform governments, Stöcker said that making inroads to further entrench itself in Lower Saxony would be “a strategically significant success.”
“It’s conceivable that the AfD wins a town hall or a county administration here and there or strengthens its presence in local councils, expanding its local base,” said Stöcker.
The three upcoming elections are being closely watched for signs of the AfD’s wider-scale momentum, said Daniel Schuster, who heads the Simon Wiesenthal Center’s European office.
“Taken together, these elections can help show whether Saxony-Anhalt was an exceptionally strong eastern result or part of a broader national expansion of the AfD’s electoral base,” said Schuster.
Remko Leemhuis, the director of the American Jewish Committee Berlin Lawrence and Lee Ramer Institute for German-Jewish Relations, added that residents will feel the effects of the AfD’s success even if it falls short of its victory in Saxony-Anhalt. A “very strong AfD result,” short of managing to enter government coalitions, would still “raise serious concerns” for Jewish residents about the party’s influence, said Leemhuis.
Residents in Saxony-Anhalt are waiting to see the ramifications of the AfD’s election victory. Without an outright majority, the party needs partners to join a coalition. Its nationalist agenda in the region includes teaching children less about Hitler, banning Pride flags in public buildings and requiring artists and cultural organizations to sign a declaration that they will not “disparage Germany and its culture” if they seek state funding.
State governments also control domestic policing and parts of the judiciary. The AfD could use its power in these areas to “put pressure on minorities it dislikes,” including immigrants, Muslims and Jews who are identified with Holocaust remembrance, said Stöcker. At the same time, the AfD could direct policing and intelligence away from right-wing extremism in Saxony-Anhalt, which recorded the second-highest number of right-wing extremist crimes per capita of Germany’s 16 states last year, Leemhuis said.
The AfD’s victory in Saxony-Anhalt marked a “watershed moment” in German politics, according to Roland Abold, the managing director of Infratest Dimap, a German election research institute. Abold said that the result heaped pressure on Merz and the federal government, as “calls for a change in political direction and a reassessment of cooperation with the AfD are likely to intensify.”
The CDU for now is standing behind Merz, the most unpopular chancellor in modern German history after 16 months in power. But if the CDU faces further heavy defeats in the upcoming elections, questions about Merz as the party’s leader could escalate, said Stöcker.
The AfD already has its eyes on his job. Alice Weidel, the national AfD’s co-chair, announced on Monday that she wants the party to win “at least 40% of the vote” in Germany’s next federal election in 2029.
Ulrich Siegmund, the AfD candidate in Saxony-Anhalt who hopes to become the state premier, said in the same press conference that his goal was “very clear.”
“As perhaps the next Minister-President of Saxony-Anhalt, I need a Federal Chancellor Alice Weidel here in Berlin, so that we can write here history side by side,” said Siegmund.
This article originally appeared on JTA.org.
The post Germany’s far-right AfD, riding state win, targets more gains in elections from east to west appeared first on The Forward.
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I was born after 9/11. I still carry the memories of that day.
Earlier this week, I was talking with my mother over the phone about her experience on 9/11. She walked me through the familiar parts — how she was in our Upper West Side apartment when she learned about the attacks from a relative, how she went to the garage to get the car so they could drive to a friend’s house upstate once she realized the attacks were acts of terror. There were still hijacked planes in the air, and she worried New York City might be targeted again. Then, she said, “This part is going to make me cry.”
I hadn’t remembered what came next, but suddenly it came back to me. “Oh no, me too,” I said.
While she waited for my father to come back uptown from his office in the Financial District, she stopped inside a fire station across from the garage. Inside was a lone firefighter, who’d stayed behind to man the station while the rest of his company was inside the towers. He was watching the news on television, and my mom stood next to him, watching too, when the towers fell.
“We just lost so many men,” he said.
I wasn’t there when it happened; I wasn’t even alive. But I’d heard this story before, I’d walked dozens of times past that same fire station, which now has a plaque commemorating the seven firefighters who died on 9/11. Hearing the story again on the phone, I found myself walking down the streets of Washington D.C., bawling.
I’m 23, born a year-and-a-half after 9/11. Most Americans my age learned about the attacks in school, as history. I’m part of the 16% who learned through family or friends.
The discovery happened by accident, when I was in kindergarten. My mom and I were in a children’s store on the Upper West Side, when we started flipping through a picture book about the history of New York City. Most of the book was unremarkable, but the end was unexpected: a scene of the smoldering twin towers.
I forget what exactly happened next, but here’s what I do remember: My mom was upset that the shop hadn’t provided a warning about the book’s end, and I was confused about why she was upset. I was five, too young to understand the image and never one to let a question go unanswered; I must have pestered her until she offered up an explanation.
She hadn’t been prepared to tell me about terrorism. She’d been evading the topic for some time, telling half-truths to avoid it. When I’d ask her why we had to take our shoes off in line at the airport, she’d just say it was to make sure no one had anything dangerous, leaving out the part about how a man had tried to get on a flight with bombs hidden in his shoes.
“9/11 is a huge thing for a parent to have to tell a kid about,” my mom told me this week. “You were a happy kid, and I didn’t want you to get scared or traumatized.”
The events, and impacts, of that day slowly unfolded for me as the years passed. I learned that my father had watched from Battery Park as the South Tower fell; he ran westward as plumes of smoke billowed toward him. I learned that my parents had friends who’d died in the towers, one of whom was the father of a boy I grew up with. I remember going to the 9/11 Memorial and Museum when it opened in 2014, feeling sick as I watched footage of people jumping out of the towers.
The New York Times recently interviewed dozens of Gen Z Americans about 9/11. I was struck by how disconnected many felt from the event. “It’s hard to feel sad about something that you don’t remember,” said Annika Heegaard, a 25-year-old now living in New York.
But for me, 9/11 doesn’t feel quite so far away. By now I’ve lived through other mass casualty events, like the Parkland shooting and the Oct. 7 Hamas attacks. But 9/11 is the only tragedy that my family members had such a direct connection to. “It was devastating,” my mom said.
I think the reason I can remember the exact moment I found out about 9/11 is because it changed my view of the world. I remember being almost unable to comprehend that anyone would do what the hijackers did. I wasn’t, as my mom feared, traumatized by learning about the attacks; I didn’t fear for my safety each day. But the knowledge was in some ways a loss of innocence — a discovery that people could do awful things and that the world wasn’t as safe a place as I had assumed.
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