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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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Democrats’ split over Israel in spotlight, as Chris Van Hollen challenges Chuck Schumer for Senate leader
Sen. Chuck Schumer helped Democrats win back the Senate with a historic gain of at least nine seats in the midterm elections, giving his party a 56-seat majority, just four votes short of overcoming most filibusters.
Yet the New York Democrat, who has led Senate Democrats since 2017, now faces a rare leadership challenge from Sen. Chris Van Hollen of Maryland — a contest that will not only determine who leads the chamber but also how Democrats use their regained power.
As majority leader, Schumer would have considerable influence over which bills receive floor time, which amendments get considered and how the party manages disagreements over Israel.
Schumer has largely held firm to his longtime support for Israel, trying to manage his caucus even as the party has grown increasingly divided over U.S. military assistance and weapons sales. Now, the leadership battle could force him to confront those divisions more directly, including whether to allow votes on legislation that would restrict aid to Israel. Schumer, the country’s highest-ranking Jewish elected official, has said defending Israel is a central part of his political identity. Van Hollen, meanwhile, has emerged as one of the Senate’s fiercest critics of the Israeli government.
The challenge to Schumer was sparked by a pair of Jewish Democrats: Sen. Bernie Sanders of Vermont, the progressive icon, and Sen. Elissa Slotkin of Michigan, both of whom called for a change in leadership. It comes at a moment when the Democratic Party is changing. A new generation of senators is entering Congress; progressive activists, emboldened by their victories in recent years, are demanding a more confrontational approach to President Donald Trump and the United States’ long and unwavering commitment to Israel.
On Election Day earlier this month, Trump himself announced his plan to end roughly $4 billion in annual U.S. military aid to Israel.
Does Schumer have the votes?
Senate Democrats will choose their leader in a secret-ballot election on Dec. 1. A candidate would need 29 votes to win if all 56 members participate.
Schumer expressed confidence that he has enough support to remain leader. Van Hollen has acknowledged that he is the underdog, and claims to have the backing of more than 10 senators.
A Punchbowl News tracker on Sunday showed 14 senators publicly supporting Schumer, five backing Van Hollen, three opposed to Schumer without expressing support for his challenger, and 36 who remain uncommitted. The Hill separately reported that at least 22 senators have privately indicated they will support Schumer.
Van Hollen has attracted support from several newly elected senators, including Abdul El-Sayed of Michigan and Peggy Flanagan of Minnesota, along with Sanders and Sen. Jeff Merkley of Massachusetts.
Opposition to Schumer or supporting a leadership contest does not automatically translate into support for his challenger.
Schumer has a significant advantage mathematically, given the relationships he has built over decades in the Senate. He also played an active role in recruiting candidates who won seats in red and purple states, including Sens. Sherrod Brown of Ohio, Roy Cooper of North Carolina, Josh Turek in Iowa and Scott Colom in Mississippi.
Israel becomes part of the leadership fight
Neither candidate has made Israel central to their campaign for Senate majority leader. But their differences on the issue have drawn attention from Jewish organizations and progressive groups, which are taking opposite sides.
Van Hollen has repeatedly called for restrictions on U.S. military aid to Israel, supported measures to block weapons sales and accused Israel of committing genocide in Gaza. In remarks at the New Jewish Narrative’s annual gala in Washington last month, Van Hollen said, “We’re doing nobody any favors by providing a blank check regardless of the conduct of the government of Israel.” The progressive Jewish group is backing Van Hollen’s bid.
Schumer has sharply criticized Israeli Prime Minister Benjamin Netanyahu, most notably in a March 2024 Senate speech calling for new Israeli elections. But he has continued to defend Israel’s security and preserve the U.S.-Israel relationship. In a 2024 interview with the Forward, Schumer said that “having a majority leader who’s committed to Israel is vital for Israel’s relationship with the U.S.” He faced online backlash earlier this year for saying his job as leader is to “fight” for Israel aid.
That distinction has become central to how Democratic-aligned organizations view the leadership contest — part of a larger debate over the direction of the party, particularly its relationship with Israel.
The progressive organization Our Revolution endorsed Van Hollen, calling for an agenda that includes ending U.S. military aid to Israel and reducing the influence of wealthy donors.
Track AIPAC, a group that monitors contributions from the pro-Israel lobbying organization, also pledged to help Van Hollen win. “The voters who delivered this majority want a leader who answers to them, and Chris Van Hollen has shown he will,” Casey Kennedy, the group’s co-founder, said in a statement.
On the other side, the Jewish Democratic Council of America announced Friday that it supports Schumer’s continued leadership, along with Rep. Hakeem Jeffries’ bid to become House speaker. “Advancing these priorities will require experience and steady leadership,” said Halie Soifer, the organization’s CEO.
Winning may be the easy part
Schumer remains the favorite to win. But the vote could mark a difficult political chapter for the 75-year-old senator, who may also face a primary challenge if he seeks reelection in 2028.
If Van Hollen attracts only a small number of votes, Schumer will emerge with a stronger mandate to lead. If his challenger wins substantial support, Schumer could begin his new term with a fractured and more progressive caucus seeking a different approach.
Schumer might face pressure to allow more debate on Israel-related legislation, even if he personally opposes it. But there are also limits to how far those debates would likely go. The new majority also includes moderates, longtime supporters of Israel and senators representing swing and red states that flipped blue in this cycle.
The post Democrats’ split over Israel in spotlight, as Chris Van Hollen challenges Chuck Schumer for Senate leader appeared first on The Forward.
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When a Jewish prisoner died in Ohio in 1918, four fellow inmates left the penitentiary in civilian clothes to ensure he got a proper burial
Jack Nast wanted to be buried in a Jewish cemetery.
He died in April 1918 while incarcerated at the Ohio Penitentiary in Columbus. Little is known about the circumstances that brought him there, but another prisoner, Morris Hess, preserved an account of his final days.
As he lay ill, Nast cried out that he was a Jew, Hess wrote. He expressed pride in Jewish history and its achievements, faith in the teachings of Judaism, and regret that his own life had not lived up to its principles. He wished to receive a burial befitting someone “born in the House of Israel.”
With the aid of others, his request was granted.
Isaac B. Jashenosky and Jacob Myers, two men who regularly visited the Jewish prisoners, were with Nast before he died. Jashenosky, whom the prisoners called “rabbi,” conducted the funeral service at an unidentified Jewish cemetery, likely in Columbus. When Nast’s relatives, whom Hess described as wealthy, refused to contribute toward the expenses, Warden Preston E. Thomas permitted the prison’s Jewish inmates to contribute to a collection for the funeral.
Four prisoners were also allowed to attend the burial in civilian clothing. They listened as Jashenosky delivered his remarks and Nast’s remains were returned to the earth.
“Kaddish was said and will be said every week for him,” Hess wrote.
The account appeared in The American Israelite, a Cincinnati Jewish newspaper, under the heading “Prisoners in Ohio Penitentiary are Grateful.” Hess signed the letter with his name and prison number, 45511.
Jewish life behind prison walls
The men who helped bury Nast were part of a larger effort to sustain Jewish religious life inside Ohio’s prisons. By 1899, prisoners were being excused from work for Jewish holidays and provided with special food. In 1902, about ten Jewish inmates received matzo for Passover. By 1913, religious services were also being arranged at correctional institutions in Mansfield and Lancaster.
In 1915, Charles Albert Rosenbaum wrote to The American Israelite about B’nai B’rith’s efforts to reach Jewish prisoners in Ohio.
For years, Rosenbaum wrote, Jewish prisoners had watched representatives of other faiths visit their institutions, “not with envious but with saddened eyes.” They wondered why their own people had been so neglectful. In prison libraries, they read of “the beauties and the godlike charities of the Jewish peoples,” but turned from those pages, looked at “the cold steel walls of their cells” and doubted.
“How all of this has been changed!” Rosenbaum declared.
Rosenbaum credited Jashenosky, Myers and other Columbus volunteers with organizing visits and religious services. With Warden Thomas’ permission, more than 100 services had been held over the preceding two years, he reported, without guards present.
Hess was among those who recorded these gatherings. In 1917, he described a service attended by Jashenosky and Myers, noting that one visitor, Mrs. I. J. Shatz, had distributed cigars to the prisoners.
Freedom in the penitentiary
In 1920, Hess described Passover services held with the cooperation of Warden Thomas and his wife, Mary Thomas. Women from Columbus’ Ezrath Nosheim Society provided a holiday meal.
Jashenosky preached that although everyone desired liberty, true freedom came through “the awakening of the soul.” He told the prisoners that, “Freedom is not alone a privilege, but a lifelong obligation.”
In December 1921, another prisoner, Harry Joseph, writing on behalf of the Jewish inmates, described the work of B’nai B’rith, the Council of Jewish Women and the Ezrath Nosheim Society.
He recalled the holiday meals that women from Columbus had prepared and served, including a dinner following Yom Kippur services. Their presence, he wrote, reminded the prisoners of “the Jewish fireside with its family love.”
He continued, “The knowledge that someone cares is an incentive to reach the end of this rocky road of adversity and become useful citizens.”
Jashenosky died in April 1930, at the age of 79. Newspapers reported that he had served as a prison chaplain for more than half a century.
Before he died, Jashenosky made one final request. He wanted two Jewish prisoners, Abe Shapiro and Adam Sikorski, to attend his funeral.
Warden Thomas granted permission.
The post When a Jewish prisoner died in Ohio in 1918, four fellow inmates left the penitentiary in civilian clothes to ensure he got a proper burial appeared first on The Forward.
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Houston Astros hire former Team Israel manager Brad Ausmus as skipper
(JTA) — The Houston Astros hired Brad Ausmus as manager, the team announced Wednesday, making the former Team Israel skipper the lone active Jewish manager in Major League Baseball.
This will be Ausmus’ third managerial stint in MLB. He previously led the Detroit Tigers from 2014-2017 and the Los Angeles Angels in 2019. Ausmus, 57, owns a 386-422 career managerial record. He will be introduced at a press conference at Houston’s Daikin Park on Friday.
Ausmus most recently served as the New York Yankees’ bench coach from 2024-2026 and also previously worked in the front offices of the San Diego Padres and Angels. He had interviewed for the Astros’ managerial opening in 2020 and for their general manager role in 2022.
Ausmus spent 10 of his 18 MLB seasons with the Astros. He finished his playing career with a .251 batting average, .325 on-base percentage and .344 slugging percentage. The New Haven, Connecticut, native managed Team Israel during the qualifiers for the 2013 World Baseball Classic, served on its coaching staff in the 2023 WBC and managed the team in the 2026 tournament.
“Regarding Aus, he is just a perfect big league manager in every way and there are not many people you can say that about,” Nate Fish, the CEO of Israel Baseball Americas and a former Israel player and coach, told the Jewish Telegraphic Agency. “He is smart. He is calm. He has the experience. He is a good fit for any team but a perfect fit in Houston considering he played 10 years there.”
Fish also pointed out that “this is the second time [Ausmus] has been hired to manage in the big leagues following a stint managing Team Israel. Just sayin’. There is a pattern!”
Israel won two of its four games in the 2026 tournament, securing a spot in the 2030 competition.
“I am honored and excited to take on this role,” Ausmus said before the March tournament. “I’ve been incredibly proud to be part of Team Israel’s journey. My focus remains exactly where it has always been: building a cohesive, competitive team that proudly represents Israel on the world stage. We have a solid foundation, and I’m ready to hit the ground running with our talented staff and players to achieve our goals for 2026.”
Ausmus, a former catcher, played for the Astros from 1997-1998 and again from 2001-2008. He won three Gold Glove Awards for his defense with Houston and was an All-Star in 1999 with Detroit. His 1,971 career MLB appearances are the most ever by a Jewish player, according to the Jewish Baseball Museum.
“I am very excited to be back in Houston,” Ausmus said in a statement. “The Astros and the city of Houston have been a huge part of my life, and I’m thrilled to create a new chapter as the team’s manager. I can’t wait to get to work.”
This article originally appeared on JTA.org.
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