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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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The Black Jewish experience, and Black-Jewish relations, take center stage on Fifth Avenue
The civil rights movement represented a kind of pax romana in Black–Jewish relations — symbolized most enduringly by the image of Rabbi Abraham Joshua Heschel marching beside Martin Luther King Jr. from Selma to Montgomery.
While many Jewish and Black Americans recall that era with a sense of wistful nostalgia, the relationship has become increasingly strained amid debates over racial justice, Israel and Palestinians.
This week, Temple Emanu-El on Manhattan’s Upper East Side, one of the country’s most prominent Reform synagogues, is launching a new five-year effort as a contribution toward rebuilding those ties while also foregrounding Black Jews.
Shared Histories, Shared Futures: The Arielle Patrick & Aaron Goldstein Initiative on Black-Jewish Relations promises to bring scholars, activists, and religious leaders to the synagogue for a series of conversations on race, antisemitism and coalition-building. Its first event, set for May 29, will take place during a Friday night service.
“This is not a performance or a gimmick,” said Patrick, the Chief Communications Officer at Ariel Investments, a global investment firm, who endowed the initiative alongside her husband Goldstein. “This is intentionally not during Black History Month, it’s intentionally not on MLK Day. It’s embedded in how we’d like people to think about creating a better society for our children and grandchildren.”
A frayed bond
Patrick, who is a Black Jew, said part of the inspiration behind the initiative came from her sense that the relationship between the two communities is not what it once was.
“I think a lot of Jews felt that their Black brothers and sisters were silent after Oct. 7, and perhaps jumped into the conversation about Palestine versus Israel without having the full context,” she said. “And then I also think that for a long time, the Black community has felt almost deserted by the fact that Jews were enabled to be upwardly mobile from the communities we once lived in and shared because of assimilation.”
In recent years, debates over Israel have fractured many progressive spaces, leaving some left-wing Jews who refused to disavow Israel feeling isolated from circles they once felt a sense of belonging to. Segments of the Black Lives Matter movement have explicitly linked racial justice in America to the cause for Palestinian liberation, and some of its chapters have even endorsed militant resistance to that end.
At the same time, rising antisemitism in the aftermath of Oct. 7 has shifted how some Jewish organizations engage with social justice work. The Anti-Defamation League, which for years invested in broader civil rights and democracy initiatives, pivoted from much of that programming to focus its resources on the rise in antisemitism.
Fostering the relationship is also complicated by divisions within both communities themselves. “When we think about Black-Jewish relations, we have a tendency to assume that everyone who is Black thinks one way and everyone who is Jewish thinks one way,” said Dr. Susannah Heschel, the head of the Jewish Studies Program at Dartmouth and the daughter of Rabbi Abraham Joshua Heschel. “Of course, there’s enormous diversity of all kinds: political, cultural, religious,” she added.
Relations in New York City reached a low point in 1991 after a Hasidic driver struck and killed a Black child in Crown Heights, Brooklyn, setting off days of unrest that left a Jewish student fatally stabbed and two communities grieving.
Though strain has reemerged in recent years, particularly during the rise of the Black Lives Matter movement in 2020 and the war in Gaza, organizations have emerged during that same period seeking to rekindle Black-Jewish dialogue.
“I think a lot of Jews are inspired by the civil rights era, by the fact that so many Jews participated,” said Heschel. “I know that photograph of my father marching in Selma is very important to a lot of people.”
She considers that photo a spur to new generations to continue the work. “The question is, what do you do with a photograph like that?” she asked. “Do you say, ‘Isn’t that great, what we did,’ in the past tense? Or do you take it as a challenge?”
Robert Kraft’s Foundation to Combat Antisemitism launched a partnership with Hillel and UNCF in 2024 to host unity dinners bringing together Jewish students and students at historically Black colleges and universities.
One might recall the viral Super Bowl ad, sponsored by Kraft’s Blue Square Initiative, where a Jewish boy is taunted by his classmates for being Jewish before his Black classmate fearlessly comes to his aid. The two boys walk off together in an idyllic (and, as critics have noted, somewhat antiquated) display of Black-Jewish solidarity.
Other groups, including Rekindle and CNN commentator Van Jones’ Exodus Leadership Forum, have launched programs aimed at fostering conversations between Black, Jewish, and Black-Jewish leaders. And this month, in a significant development, a National Convening on the Black-Jewish Alliance will be hosted in Miami, bringing together representatives from 75 organizations focused on cultivating the relationship.
A recent PBS series, Black and Jewish America: An Interwoven History, which came out in February also shed a light on the relationship, leaving many hoping to engage in the present — though also received pushback for not engaging seriously with the perspectives of Black Jews.
Centering Black Jews
Rabbi Joshua Davidson, the senior rabbi of Temple Emanu-El, grew up in the immediate aftermath of the civil rights movement and came to deeply value the stories of Black and Jewish communities working together.
“I knew that ultimately it would become an important part of my rabbinate too,” he said.
He says has been engaged in intercultural work for years, cultivating friendships with faith leaders across New York City, including at Abyssinian Baptist Church in Harlem and Concord Baptist Church in Brooklyn.
“One doesn’t enter into a relationship with the expectation that you’re going to get something in return,” Davidson said. “There’s a difference between allyship and friendship. The way I approach this is I want to establish friendships.”
Davidson said those relationships have allowed him to stand together with clergy members from those communities during difficult moments. Following the 2017 white supremacist march in Charlottesville, for example, he participated in a solidarity service at Abyssinian Baptist Church.
“There are times when a crisis hits, and you need allies, and so you reach out. You have no choice. But if you’ve been fortunate enough to be able to build the friendships when things were calm, you’re in a much better position,” he added, referring to the sense of abandonment many Jews felt after Oct. 7.
“I know around the country there’s been a great deal of frustration that expectations of one community showing up for another during moments of distress weren’t met. I can only say that my own experience has been different,” he said. “When something has happened to the Jewish community, I get the phone call from colleagues of other faith communities, and certainly among the leadership of the Black community in the city.”
The initiative also seeks to foreground Black Jews themselves, whose experiences are often absent from conversations about Black-Jewish relations.
“We have a tendency, all of us, to talk about Black–Jewish relations as if all Jews are white and all Black people are not Jewish,” Heschel said. “It’s gradually dawning on Jews that we have Black Jews in our community.” Estimates suggest Black Jews make up roughly 1% to 2 % of American Jews.
Patrick said she has often encountered those assumptions firsthand.
“When I go to synagogue or when I’m in a social setting, the first thing a person asks me is, ‘Did you convert?’” she recounted. “That’s not a normal question to ask anyone.”
According to a 2021 study by the Jews of Color Initiative, 80% of respondents who identified as Jews of color said they had experienced discrimination in Jewish settings. Another survey, conducted by the Black Jewish Liberation Collective, found that of 104 Black Jewish respondents, 62% reported feeling increased marginalization in Jewish spaces after Oct. 7.
Davidson hopes that bringing Black Jews to the fore, like Rabbi Tamar Manasseh — a Chicago-based activist and community leader known for her work combating gun violence, who will be Temple Emanu-El’s first speaker in the initiative — will encourage more Jews of color to feel at home in the congregation.
“If you don’t acknowledge that there are Jews of color, and if you don’t find opportunities for them to be front and center, then you’re less likely to actually have that segment of the Jewish community join you,” he said.
Temple Emanu-El has committed to the initiative for at least five years — a timeline Patrick said was intentional.
“I knew that just having one fun lecture was not going to do anything,” she said. “It has to be a sustained commitment.”
Still, she hopes the work will continue long beyond that.
“In my perfect world,” she said, “I’m 95 and still doing this.”
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A Yiddish lecture in Munich by literature scholar Nathan Cohen
דעם 17טן יוני וועט נתן כּהן, אַן אָנגעזעענער פֿאָרשער פֿון דער ייִדישער ליטעראַטור בײַם בר־אילן אוניווערסיטעט, האַלטן אַ רעפֿעראַט אויף ייִדיש בײַם אוניווערסיטעט אויפֿן נאָמען פֿון לודוויג מאַקסימיליאַן אין מינכן, דײַטשלאַנד.
כּהן וועט רעדן וועגן דער געשיכטע פֿון דער מאָדערנער ייִדישער ליטעראַטור און די וועגן און אָפּוועגן פֿון איר אַנטוויקלונג אויף די זײַטן פֿון דער ייִדישער פּרעסע, ווי אויך וועגן דעם פֿענאָמען פֿון דער שונד־ליטעראַטור.
די „שלום־עליכם לעקציע“, ווי מע רופֿט אָט די אונטערנעמונג, איז אַ יערלעכער רעפֿערעט אויף ייִדיש אין אָנדענק פֿון עוויטאַ וויעצקי, ז״ל, וואָס האָט די ערשטע געהאַט דעם שיינעם אײַנפֿאַל מיט 15 יאָר צוריק. „זי האָט אַרויסגעפֿירט ייִדיש פֿון די קליינע דײַטשישע אוניווערסיטעט־קלאַסן און פֿאַרבעטן אַ ברייטן עולם צו הערן אַ ייִדיש וואָרט – און דווקא אין אַקאַדעמישן פֿאָרמאַט,“ האָט דערקלערט דאַשע וואַכרושאָווע, אַ ייִדיש־פֿאָרשערין בײַם אוניווערסיטעט.
יעדעס יאָר האַלט אַ היסטאָריקער, שפּראַך־וויסנשאַפֿטלער, ליטעראַטור־פֿאָרשער אָדער שרײַבער אַ רעפֿעראַט פֿאַרן ברייטן מינכנער עולם אין גאַנצן אויף ייִדיש. „אין עולם זיצן אי ייִדיש־קענער אי אַזעלכע וואָס ווייסן גאָר ווייניק וועגן דער שפּראַך, אָבער האָבן דעם מוט זיך אײַנצוהערן און זיך לאָזן טראָגן פֿונעם ייִדישן וואָרט, וויסנדיק אַז זיי ריזיקירן ניט צו פֿאַרשטיין דעם מיין אָדער צו פֿאַרשטיין אים פֿאַלש,“ האָט וואַכרושאָווע געזאָגט.
פֿאַראינטערעסירטע קענען בײַזײַן די לעקציע אָדער אויפֿן אָרט אין מינכן, אָדער דורך דער אינטערנעץ. כּדי זיך צו פֿאַרשרײַבן, גיט אַ קוועטש דאָ.
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Hundreds of Jewish leaders call on Israeli ambassador to apologize for attack on J Street
(JTA) — More than 500 rabbis, cantors and Jewish communal leaders have signed onto a letter calling on Israel’s ambassador to the United States, Yechiel Leiter, to rescind and apologize for remarks describing J Street as a “cancer within the Jewish community.”
The letter, which J Street shared with the Jewish Telegraphic Agency on Thursday, accused Leiter, a Netanyahu appointee and former settler leader, of using language that “dehumanizes fellow Jews” during his remarks in Washington, D.C., on Monday.
J Street is the leading liberal pro-Israel lobby, and has increasingly staked out positions that have departed from other mainstream pro-Israel groups. Last month, the group announced its opposition to continued U.S. military aid to Israel, which Leiter decried in his remarks.
The signatories wrote that while Judaism embraces vigorous debate, disagreements must be conducted with “humanity, humility and respect for the dignity of every Jew.”
“At this painful and polarized moment in Jewish life, leaders on both sides of the ocean bear a heightened responsibility to lower the flames rather than fan them further,” the letter read. “We therefore call on you to retract your remarks and issue a public apology to the many American Jews, rabbis, cantors and communal leaders who have been hurt by them.”
Among the signatories were New York Rep. Jerrold Nadler, former U.S. ambassadors to Israel Daniel Kurtzer and Tom Nides, National Council of Jewish Women CEO Jody Rabhan, Union for Reform Judaism President Rabbi Rick Jacobs and Rabbi David Saperstein, the director emeritus of the Religious Action Center of Reform Judaism.
J Street President Jeremy Ben-Ami told JTA that his initial reaction to Leiter’s comments was “simply dismay on behalf of Israel and on behalf of the Jewish community.”
“It’s a shame, because Israel, right now, needs all the friends it can get, and it really needs diplomats who seek to open doors and not slam them in people’s faces,” Ben-Ami said.
The Israeli Embassy did not immediately respond to a request for comment from JTA.
The comments from Leiter follow a long history of criticism of the lobby from pro-Israel officials. In 2017, former U.S. ambassador to Israel David Friedman called the group “worse than kapos,” a reference to Jews who aided the Nazis during WWII.
While Ben-Ami said that the latest attack was “not new,” he felt spurred to craft a communal rebuke of Leiter’s rhetoric because he felt it was “breaking” not just the US-Israel relationship, but the relationship between the “American Jewish community and the Israeli Jewish community.”
“Within 24 hours we had hundreds and hundreds of people, and I think it just shows what a raw nerve Ambassador Leiter has touched here, and just what a big mistake it is for the Israeli government to write off the majority of Jewish Americans who are deeply critical of the government but supportive of the state and the people,” Ben-Ami said of the number of signatories.
While Ben-Ami said that J Street had long been invited to meet with former Israeli ambassadors, he claimed that since Leiter arrived, the group had been “blacklisted by the Embassy, and there’s been no engagement whatsoever.”
The letter comes as J Street has also faced scrutiny from across the political aisle, with the Zionist Organization of America calling for Hillels, Jewish Community Relations Councils and federations to cease relations with the group, while the student government of Sarah Lawrence College rejected an application to form a chapter of the group on its campus.
“There’s going to be people to our left who are intolerant and you know engage in similar tactics to folks on the right who are intolerant and try to shut out those they disagree with, and that is just as disturbing,” Ben-Ami said.
Looking ahead, Ben-Ami said that he hoped the letter would serve as a reminder that Jewish leaders need to make room for ideological differences rather than treat dissent as disloyalty.
“The message more broadly here is, we need to embrace the diversity of opinion,” Ben-Ami said. “We need to embrace our disagreements and recognize that that is indeed part of Jewish tradition.”
This article originally appeared on JTA.org.
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