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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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Ed Sheeran’s support acts bail on Loop Tour after Macklemore dropped
(JTA) —
All of Ed Sheeran’s opening acts and his backing band have withdrawn from his Loop Tour after the pro-Palestinian rapper Macklemore was dropped as an opening act amid pressure from Robert Kraft and other stadium owners.
Kraft, the Jewish and pro-Israel billionaire who owns the Boston-area stadium where one of the tour stops had been scheduled, said on Monday that he had told Sheeran’s team that Macklemore wouldn’t be allowed to perform there.
Macklemore was subsequently dropped from the tour following pushback from unnamed venues that “will not allow a concert to take place with Macklemore on the lineup,” Rolling Stone reported on Monday.
At a Macklemore performance at MetLife Stadium in East Rutherford, N.J., earlier this month, the rapper declared “Free Palestine” before performing his 2024 song, “Hind’s Hall,” referring to Columbia University’s Hamilton Hall. Pro-Palestinian protesters occupied the building and unofficially renamed it for Hind Rajab, a 6-year-old Palestinian girl who was killed during the war in Gaza. Israel is investigating her killing.
Sheeran said Tuesday that he wasn’t behind the tour promoter’s decision to drop Macklemore.
“I am not complicit,” Sheeran wrote in a statement on Instagram Tuesday, saying that Macklemore leaving the tour “was the promoter’s decision, it was not mine.” It was Sheeran’s first public statement on the controversy.
Hours after Sheeran’s comments, acts began pulling out of the tour.
His backing band, Beoga, said in an Instagram post that it was leaving the tour “following the silencing of Macklemore by zionist lobbies.”
“We believe in dialogue as a means of progressing the plight of the Palestinian people,” they added. Beoga’s management did not immediately respond to requests for further comment.
Kraft’s decision to bar Macklemore from performing at Gillette Stadium in Foxboro, Mass. got the backing of the Jewish Community Relations Council of Greater Boston.
“Mr. Kraft drew a clear moral line in the sand about the demonization and offensive conduct that he will not allow in ‘his home’,” Jeremy Burton, the JCRC CEO, said, referring to the stadium. “He also showed leadership and complexity … by rejecting those who would diminish the suffering of innocent Palestine people.”
“This decision is not about diminishing the suffering of innocent Palestinians or denying anyone the right to advocate on their behalf,” Kraft had said in his statement. “Their pain and loss are real.”
Other acts scheduled to support Sheeran on the Loop tour, including Aaron Rowe, Finneas and Lukas Graham, also withdrew Tuesday. Rowe and Lukas Graham were supposed to replace Macklemore on the remaining U.S. dates, AP reported.
It’s not yet clear what the fate of the tour is, given the withdrawal of his backing band. At least one Israeli musician joked that he was ready to put together a replacement band for “unlimited beer.”
Sheeran’s own note added, “I am appalled by the conflict between Israel and Palestine.” The British singer-songwriter wrote that he had been “involved in direct talks” between Kraft and various promoters “to try and find a mutual resolution for all.”
Sheeran didn’t mention Jews in his statement, but noted, “I have always used my platform and music to bring people from all backgrounds and cultures together and this won’t ever change.”
He also had some veiled criticism of his tourmate’s methods. “Those who come to my shows do not expect a political forum,” Sheeran wrote. “I respect Macklemore’s strength of purpose to stand up for what he believes. However, there is room for multiple approaches to the same end: peace… If we only focus on shouting the loudest, nothing will ever change.”
The Israeli-American Council, which organized a boycott against Macklemore following his New Jersey show, criticized Sheeran in a statement to the Jewish Telegraphic Agency.
“It’s time to take responsibility for giving a stage to antisemitic messaging,” the IAC said, of Sheeran. “This isn’t just ‘criticism of Israel.’ It’s a message that crosses the line between legitimate political criticism and antisemitism. This is Ed Sheeran’s stage, it’s the tour that carries his name — and so the responsibility for what happens on it is his too.”
The post Ed Sheeran’s support acts bail on Loop Tour after Macklemore dropped appeared first on The Forward.
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Vance: Trump willing to ‘part ways’ with Netanyahu when necessary, and has often opposed him
(JTA) —
President Donald Trump has an unprecedented track record of opposing Israeli Prime Minister Benjamin Netanyahu when it comes to advancing the interest of the American people, Vice President JD Vance said during a virtual address Tuesday at a Los Angeles-based technology summit.
More than any president in the last 40 years Trump “has shown a willingness to actually part ways with ‘Bibi’ Netanyahu when he feels like the interests of the American people are different from the interests of the government of Israel,” Vance told the All-In Summit on technology.
The claim that Trump is the “one president” who would differ with Netanyahu is one that would surprise many watchers of the U.S.-Israel relationship.
The most significant U.S.-Israel rupture since 2009, when Netanyahu was first elected prime minister, was with President Barack Obama in 2015 over Obama’s nuclear deal with Iran.
Vance’s comments were the latest in a series he has made emphasizing the widening gulf between Jerusalem and Washington as November midterm elections approach and at a time when Netanyahu’s popularity in the United States is at a low after three years of Middle East wars.
A Pew poll from the end of March, when the United States was actively at war with Iran, found that 60% of U.S. adults unfavorably view Israel and that 59% lacked confidence in Netanyahu’s handling of world affairs, an increase of 7% in both categories.
Republicans are scrambling to shuck off unpopular policies and associations, fearing the party will lose control of Congress in the midterms, a result that would cripple Trump’s agenda in the final two years of his presidency.
“I find it a little ironic … that you have Democrats criticizing Donald Trump for his relationship with Bibi when Donald Trump is the one president of the last 40 years who’s been willing to say, you know what, yeah, Bibi is a good partner, but also Bibi and I have a different opinion on this, or Bibi’s wrong about this, or maybe Bibi’s right about this from the perspective of Israel. But the American people need us to go in a different direction,” Vance said.
Trump has often touted himself as the president who has done the most for Israel, including relocating his country’s embassy to Jerusalem and rupturing Obama’s Iran deal, during his first term in 2018 and securing the release of the Gaza hostages in 2025 during his second, nonconsecutive term. The war he and Netanyahu launched against Iran in February is the first ever joint U.S.-Israeli military action.
The friendship between the two leaders is a highly public one, with Netanyahu enjoying more White House visits than any other world leader. Each has made the close ties central to their electoral campaigns. Netanyahu pitches himself as the world leader most influential with Trump, while Trump’s evangelical base lauds his closeness with Israel.
Vance, however, has often taken a harsher line, including accusing Israel of trying to manipulate U.S. public opinion on the Iran war.
“Israel has been an important partner when it comes to military technology, when it comes to intelligence sharing, but also sometimes the United States doesn’t always agree with Israel,” Vance said on Tuesday.
Serious differences have emerged since the joint U.S.-Israel goals in the Iran war – to change the regime and end once and for all Iran’s potential to acquire a nuclear weapon – have foundered. Among these has been the U.S. decision to end the Iran war without a clear plan to block the Islamic Republic’s path to nuclear weapons and its agreement to enter into a civilian nuclear deal with Saudi Arabia, without insisting on a normalization deal with the Jewish state.
“We cannot let our Middle Eastern foreign policy be subservient to the state of Israel,” Vance told the All In Summit.
Vance has also ruffled American Jewish feathers by refusing to disavow media personality Tucker Carlson, who has promoted conspiracy theories about Israel and Jews.
Vance’s remarks rankled pro-Israel figures who have otherwise been supportive of Trump’s policies.
“American foreign policy should be subservient to no country,” Jonathan Schanzer, the executive director of the Foundation for the Defense of Democracies, an influential think tank that backed the Iran war, wrote on X. “Why does the VP feel compelled to call out Israel in this respect? Why not call out the Qataris, or the Saudis, or Ukraine? Odd how this keeps happening.”
Heather Johnston, a Christian evangelical who founded the U.S. Israel Education Association, accused Vance on X of catering to Israel haters.
“Our U.S. foreign policy has never been subservient to Israel’s foreign policy,” she said, attaching a clip of Vance’s remarks. “He knows that. Why would he need to say that unless he’s trying to politically gain some points with Israel haters?”
The accusation hit a nerve. Vance’s communications director Taylor Van Kirk quoted Johnston’s tweet, and posted the entire exchange on X. “Let’s all take a moment to actually watch this exchange in full, where the VP was specifically asked about Israel,” Van Kirk said.
The post Vance: Trump willing to ‘part ways’ with Netanyahu when necessary, and has often opposed him appeared first on The Forward.
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LA Federation sues museum for custody of looted paintings once hoarded by Hermann Göring
(JTA) — The Jewish Federation of Los Angeles and the heirs to a Jewish artist filed suit against a California museum to recover a pair of 16th-century oil paintings seized by the Nazis and held in the private collection of Hermann Göring.
Also on Monday, the daughters of Holocaust survivor Dina Gottliebova Babbitt sued the Auschwitz-Birkenau Museum to recover watercolors of Roma victims she was forced to paint for Josef Mengele, the physician who tormented and experimented on inmates at Auschwitz. The artist died in 2009.
The two lawsuits were filed at the end of the filing window under a 2024 California law that permits claimants in previously dismissed lawsuits to refile for the retrieval of looted artworks. The law permits claimants to recover personal property stolen as the result of “political persecution” when earlier lawsuits were dismissed on procedural grounds.
The federation is suing the Norton Simon Museum in Pasadena for the retrieval of a life-sized oil diptych of Adam and Eve by the German painter Lucas Cranach the Elder. In 1940, the Nazis seized the pair of paintings from their Jewish owner, the art dealer Jacques Goudstikker. The art wound up in the hands of Göring, the Nazi air force commander and convicted war criminal, along with about 800 other pieces from Goudstikker’s collection. The paintings eventually made their way to the Norton Simon in 1971.
In a press release, the Jewish federation said it would use the majority of the proceeds from the sale of the art to care for Los Angeles-based Holocaust survivors living in poverty. (A 2018 study from the Jewish Federations of North America found that one-third of Holocaust survivors in the United States are living below the poverty line.)
“By pursuing the recovery of the Cranachs, we are seeking to reverse a great injustice perpetrated by the Nazi theft of a Jewish family’s property, and securing the resources that will enable us to provide for the many needs of thousands of impoverished Holocaust survivors in the greater Los Angeles area so they can live in dignity for the remainder of their lives,” Rabbi Noah Farkas, president and CEO of the Los Angeles federation, said in a statement.
Goudstikker’s daughter-in-law, Marei von Saher, first sued the Norton Simon Museum in 2007, claiming the paintings belonged to her family. A 2018 ruling determined on procedural grounds that they belong to the museum.
In addition to the 2024 California law, Congress passed a law earlier this year that eliminated “state doctrine,” the principle that acts committed by foreign countries within their territory are immune from lawsuits, strengthening the cases for the heirs of Goudstikker and Babbitt.
Dina Babbitt in 2006, at work on a recreation of the “Snow White” mural that she painted in the children’s barracks at Auschwitz. Her family is seeking the recovery of the portraits she drew of Roma inmates at the concentration camp. (Lawrence Stern for The David S. Wyman Institute for Holocaust Studies)
Also in 2024, 21 countries agreed to updated guidelines for restituting Nazi-looted art, which specifies that works sold to the Nazis under duress are also considered looted or stolen property.
“I am grateful to the Jewish Federation Los Angeles and its Chairman Daniel Gryczman for taking up this cause and pursuing the recovery of Adam and Eve by Lucas Cranach the Elder,” von Saher said in a statement shared with the Jewish Telegraphic Agency. “This effort represents a meaningful step toward justice for Holocaust survivors and victims of Nazi era atrocities.”
Jewish federations rarely file lawsuits as the plaintiffs in a Nazi-looted art restitution case. The San Diego Jewish Federation was a co-plaintiff in a lawsuit in 2015.
JTA has reached out to the attorneys for the Jewish federation for comment.
The Pasadena museum held onto the Cranachs even as other works that had been looted from Goudstikker’s collection were restituted by the Dutch government in the decades since their seizure.
“After decades of litigation, court after court including the United States Supreme Court ha confirmed that the Norton Simon Art Foundation has proper title to Adam and Eve by Lucas Cranach the Elder,” a spokesperson for the Norton Simon Museum told JTA in a statement. “We will continue to make these important artworks accessible to the public, as we have since 1971.”
The spokesperson said the museum is reviewing the complaint, and referred to a 2016 court decision that placed the artworks in their possession.
Goudstikker first acquired the paintings at a 1931 Berlin auction hosted by the Soviet authorities, which also included many works previously owned by the Russian Stroganoff family. In 1940, after Jacques Goudstikker’s death, his collection was sold to the Nazis under duress — but no cash ever came to his family.
In the Norton Simon Museum’s online catalogue, provenance cards for the works say they were “[s]aid to have been in the Stroganoff Collection” and describe the transfer from Goudstikker to Göring as “appropriated 1940.”
The quest to restitute Goudstikker’s artwork began in 1946, when his wife Désiree, an opera singer, filed a claim in the Netherlands that was initially rebuffed. Though she was able to retrieve one painting just a few years later, all of the pieces that had been seized by Göring were kept in the Dutch national collections. In later years, more than 200 artworks were returned to von Saher’s possession.
But in 1961, George Stroganoff-Scherbatoff, a descendant of the aristocratic family whose works were sold en masse along with the Cranachs, claimed the diptych from the Dutch government. He later sold the works to the Norton Simon Museum for $800,000.
In the case of the Gottliebova drawings, a spokesperson from the Auschwitz-Birkenau Museum told JTA that the memorial was their appropriate home. “The drawings of Roma victims made in the camp must remain in the Memorial as part of the documentation of the crimes of Mengele,” the spokesperson for the state-run museum said.
“We fully understand the emotional approach of Dina Gottliebova’s family,” said the spokesperson, but “we express the deep conviction that the watercolors should remain at the Memorial.”
“The portraits of Roma victims are the few remaining fragments of the documentation made by Mengele as part of his criminal experiments,” the spokesperson continued. “Therefore, they should be treated as unique documents related to the history of Auschwitz.”
Earlier this month, an Argentine court ordered the restitution to van Saher of a looted painting, after the painting was spotted on a real estate website advertising the sale of a home of the daughter of a former Nazi official. The painting came from Goudstikker’s collection.
Earlier this year, a judge ruled that a painting by Italian artist Amedeo Modigliani, once valued at more than $25 million, must be returned to the descendants of its original owner, who was forced to sell the painting to the Nazis under duress.
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