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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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Remembering Abe Foxman, the longtime ADL leader known as the ‘Jewish pope,’ who always answered my calls
Friday before sundown, I realized that Abe Foxman had not sent me his weekly “Shabbat Shalom” message. For the past seven years, since we began texting regularly about Jewish and political issues, the message would arrive each Friday like clockwork — often accompanied by screenshots of Shabbat memes. My response never changed: “Good Shabbos, tzaddik,” using the Hebrew word for a righteous person that Foxman himself often used.
A few minutes after sundown, I texted him anyway: “Good Shabbos, tzaddik.” Then I turned off my phone. The message showed as “read” Saturday night. But there was no response.
I’m sure I wasn’t the only one waiting for Foxman’s Shabbat greetings. The silence said everything. On Sunday, the Anti-Defamation League announced that its former longtime chief had died at age 86.
I first started texting with Foxman after he stepped down in 2015 as national director of the ADL, concluding a remarkable 50-year run with the organization, including nearly three decades at its helm. By then, he had become one of the most recognizable Jewish communal leaders in America. He was nicknamed the “Jewish Pope.” Former President Barack Obama, a frequent target of Foxman’s criticism over Israel policy, said upon Foxman’s retirement: “Abe is irreplaceable.”
For me, a rookie journalist covering national politics through a Jewish lens, Foxman became an invaluable source. He was in the room with presidents, prime ministers and world leaders during some of the Jewish community’s most consequential moments. Yet he was always available. He answered calls quickly. He texted back. He spoke candidly. He could be sharp, direct and deeply critical when he thought leaders were making mistakes. But he was also compassionate, warm and surprisingly personal.
Every conversation began the same way: asking about me. My kids. How I was holding up. Only then would we get to politics. The conversation would often veer from Yiddish to English and back again.
Our last conversation was on April 15, after a record 40 Senate Democrats voted to block $295 million for the transfer of bulldozers to Israel and 36 of them also supported a measure to block the sale of 1,000-pound bombs to the Jewish state. “A broch,” Foxman replied, using the Yiddish word for disaster. “A sad time for American politics.”
That worldview shaped much of his public commentary in recent years. In interviews with the Forward and other publications, Foxman weighed in on rising antisemitism, campus protests, Democratic divisions over Israel, President Donald Trump’s rhetoric, and the Biden-Netanyahu relationship.
Foxman could be combative and unapologetic. Critics on the left viewed him as too hawkish on Israel, while critics on the right sometimes accused him of being too willing to criticize the Israeli government or American conservatives. But nobody doubted his commitment to the Jewish people and to Israel.
Foxman’s own life story
Born in Baranavichy in 1940, in what is now Belarus, Foxman survived the Holocaust as an infant after being hidden by his Polish Catholic nanny, who baptized him to hide his Jewish identity, while his parents were confined to a ghetto. After the war, he was reunited with his parents, first living in a displaced persons camp in Austria before immigrating to the United States.
Those early experiences shaped the course of his career and ultimately made him one of the most influential Jewish communal leaders of the modern era.
In 1965, after getting degrees from City College of New York and New York University School of Law, Foxman joined the Anti-Defamation League as a legal assistant. Over the next five decades, Foxman rose through the ranks of the organization before being named its national director in 1987, a position he held until 2015.
Under his leadership, the ADL became one of the world’s most prominent voices combating antisemitism and hate.
In 1987, President Ronald Reagan appointed Foxman to serve on the council of the United States Holocaust Memorial Museum. He was reappointed by Presidents George H. W. Bush, Bill Clinton and Joe Biden. He was also vice chairman of the Museum of Jewish Heritage in New York City.
Foxman was often willing to challenge leaders he believed were wrong on Israel, including Democratic presidents he otherwise respected. He was sharply critical of Obama’s approach toward Israel early in his presidency and became one of the leading Jewish voices opposing the administration’s 2009 demand for a freeze on Israeli settlements.
In remarks at Foxman’s farewell dinner in 2015, Susan Rice, former U.S. ambassador to the U.N. and national security advisor under Obama, told the audience: “The thing I most value about Abe is his candor and integrity. He holds everyone to the same high standards, and I can always count on him to tell it to me straight, even when he knows I won’t necessarily like what he has to say.” In 2020, Foxman publicly advocated for Biden to choose Rice as his vice-presidential running mate.
“America and the Jewish people have lost a moral voice, a passionate advocate for the Jewish people and the state of Israel, and a remarkable leader,” Foxman’s successor, ADL CEO Jonathan Greenblatt, said in a statement announcing Foxman’s death.
Foxman’s political commentary
Even after retiring from the ADL, Foxman remained a leading voice in Jewish public life, especially after the election of Trump in 2016.
Foxman told me in an interview at the time that the Jewish community should engage with Trump and hold him accountable when needed. He advised Trump to be cautious about making good on his promise to move the U.S. embassy from Tel Aviv to Jerusalem. He became more critical of Trump after the president said that there were “very fine people on both sides” in response to a 2017 neo-Nazi rally in Charlottesville, Virginia.
In 2020, Foxman broke his tradition of not endorsing political candidates to back Biden. He argued that Trump was a “demagogue” whose reelection would be a “body blow for our country and our community.”
Once Biden took office, Foxman started to express doubts about the president’s handling of the U.S. relationship with Israeli Prime Minister Benjamin Netanyahu. He said it “sends the wrong message to our friends and enemies” that Israel is being held to a higher standard than other countries in the region. Foxman was also a harsh critic of the Netanyahu government’s judicial overhaul, warning that the right-wing cabinet ministers could hamper support for Israel among American Jews.
In 2024, he warned that Biden’s increasingly harsh rhetoric over Israel’s military campaign in Gaza would repel Jewish voters. “I believe that this administration, because of its political season, is taking American Jews for granted or has written us off,” said Foxman. ”If they’re worried that the Arabs in Michigan will vote with their feet, they need to worry that Jews can also vote with their feet.”
Most recently, Foxman was critical of national Democrats opposing the military operations against the Iranian regime in March for a lack of congressional authority. “Sadly, it is purely political games,” Foxman told me, noting that previous Democratic administrations conducted military operations without explicit congressional authorization. “Ninety-nine percent of Democrats are on record saying Iran is a terrorist state and cannot have nuclear weapons. So why this game?” he asked.
Now, as Jews mark Jewish American Heritage Month, that voice is silent. But for me, and for the many people still waiting for one more “Shabbat Shalom” message from Foxman, he will not soon be forgotten.
Foxman is survived by his wife Golda, his daughters Michelle and Ariel and four grandchildren.
JTA contributed to this article.
The post Remembering Abe Foxman, the longtime ADL leader known as the ‘Jewish pope,’ who always answered my calls appeared first on The Forward.
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Jailed Iranian Peace Laureate Mohammadi Moved to Hospital in Tehran
A picture of Nobel Peace Prize winner Narges Mohammadi on the wall of the Grand Hotel in central Oslo before the Nobel banquet, in connection with the awarding of the Nobel Peace Prize 2023, in Oslo, Norway, Dec. 10, 2023. Photo: NTB/Javad Parsa via REUTERS
Iran’s imprisoned Nobel Peace Prize winner Narges Mohammadi has been moved to a hospital in the capital, Tehran, and has been granted a suspension of her sentence on heavy bail, a foundation run by her family said on Sunday.
Mohammadi, 54, won the prize in 2023 while in prison for a campaign to advance women’s rights and abolish the death penalty. She suffered a heart attack two weeks ago.
Her family had called for her to be transferred from Zanjan, northwest of Tehran, where she was serving her sentence and where she had been initially taken to a hospital, so that she could receive better medical care.
She is now at Tehran Pars Hospital for treatment by her own medical team after being transferred by ambulance, the Narges Mohammadi Foundation said in a statement.
Mohammadi was sentenced to a new prison term of 7-1/2 years, the foundation said in February, weeks before the US and Israel launched their war against Iran. The Nobel committee at the time called on Tehran to free her immediately.
She had been arrested in December after denouncing the death of a lawyer, Khosrow Alikordi. A prosecutor told reporters that she had made provocative remarks at Alikordi’s memorial ceremony.
The foundation gave no details of the bail arrangements or suspension of her sentence.
“However, a suspension is not enough,” it said. “Narges Mohammadi requires permanent, specialized care. We must ensure she never returns to prison.”
Iran shut down most of the internet in the country in January as authorities suppressed mass protests triggered by economic unease. Rights groups have reported ongoing executions of people involved in the unrest.
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Israel’s Attorney General Calls to Cancel Netanyahu’s Mossad Chief Appointment
Israeli Attorney-General Gali Baharav-Miara. Photo: Twitter
i24 News – Attorney General Gali Baharav-Miara told the High Court of Justice on Sunday that Prime Minister Benjamin Netanyahu’s decision to appoint Maj. Gen. Roman Gofman as the next Mossad chief must be canceled.
Baharav-Miara filed her position ahead of a Tuesday hearing on petitions challenging the appointment, telling the court that “substantial flaws” had been found both in the process conducted by the advisory committee and in the conclusions it drew. She said Netanyahu’s decision suffered from “extreme and blatant unreasonableness” and could not stand legally.
At the center of the dispute is the case of Ori Elmakayes, who was a 17-year-old minor when he was activated in 2022 by Division 210, without going through authorized intelligence channels. At the time, the division was commanded by Gofman. Elmakayes was arrested in May 2022 under espionage charges after two officers sent him classified information and told him to post it online as part of an “influence campaign,” despite not being authorized to do so. Gofman initiated this operation. Elmakayes was then held in full detention until July, spending an extended period under electronic monitoring and house arrest before the indictment against him was canceled in late 2023.
Baharav-Miara says Gofman’s involvement in leaking the classified information to the minor, “casts a heavy shadow on Gofman’s integrity and thus on his appointment to head the Mossad.” The attorney general also identified serious procedural failings in the advisory committee’s work. She notes that the majority members signed their opinion before committee chairman and former Supreme Court president Asher Grunis had written his dissent and before two members had reviewed several classified documents significant to the full picture. Grunis concluded that integrity flaws had been found and that it was not appropriate to appoint Gofman as Mossad chief.
The attorney general also says the committee failed to hear directly from Elmakayes or from a relevant senior military intelligence officer, instead relying in part on media interviews.
Netanyahu, who appointed Gofman to head the Mossad starting in early June, for a five-year term, submitted his own response to the court on this past Friday, arguing that the decision fell within his executive authority. The Prime Minister also said that his assessment of the matter was “dozens of times superior” to that of the court, adding that Gofman’s integrity was “found pure,” and describing him as the most qualified candidate.
Other coalition figures responded to the attorney general with sharp criticism, including National Security Minister Itamar Ben-Gvir. Ben-Gvir accused Baharav-Miara of fighting the state, while Finance Minister Bezalel Smotrich said her position was “one step too far” and vowed to advance legislation splitting the attorney general’s role in the Knesset’s summer session.