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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.

Support JTA’s partnership with the Pittsburgh Jewish Chronicle throughout this trial.

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.


The post She represents the ‘worst of the worst.’ Now Judy Clarke is leading the defense in Pittsburgh synagogue massacre trial. appeared first on Jewish Telegraphic Agency.

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Benjamin Disraeli once saved Britain’s monarchy — the current one may be beyond repair

How ironic that the crisis confronting the British monarchy, sparked by the former Prince Andrew’s ties to Jeffrey Epstein, has occurred on the 145th anniversary of the death of the man in part responsible for reinventing that same institution: Benjamin Disraeli.
In fact, not only did Disraeli transform the monarchy, but as the first (and last) Jew to serve as Britain’s prime minister, he also transformed his religious background from a political liability into a political plus. And he accomplished both one and the other by bringing “poetry, romance, and chivalry” into the life of the person who uttered those words, Queen Victoria. So much so that, upon his death in 1881, she confessed, “I have lost so many dear and valued friends, but none whose loss will be more keenly felt.”

Not a bad send-off for a commoner whose family’s religion still prevented them from holding political office or attending Oxford or Cambridge up until the second half of the century.

This was the reason why the young Disraeli was baptized in the Church of England. His father, a prominent literary scribbler, thought this would ease his son’s way in society. Little did he know how far and fast this would happen.

Starting in his early twenties, Disraeli began to write wildly romantic (and self-promoting) novels, several of which star a brilliant and, predictably, mysterious hero named Sidonia, who prides himself, as did his (possibly mistakenly) creator, on his Sephardic ancestry. Disraeli uses Sidonia to turn the era’s racial prejudices inside out, having him wax on the brilliance of his race’s civilization while the ancestors of the British aristocracy were still mucking about as “Baltic pirates” and “tattooed savages.”

Similarly, when the Irish politician Daniel O’Connell made an antisemitic slur against the twenty-something Disraeli, the latter — in a fashion worthy of Sidonia — declared “Yes, I am a Jew. And when the ancestors of the right honorable gentlemen were brutal savages in an unknown island, mine were priests in the temple of Solomon.” He then challenged O’Connell to a duel, which was happily quashed by the police.

With the same alchemical genius that transmuted the alleged dross of Jewishness into the gold of racial superiority, Disraeli launched his political career, making his way to become leader, rather remarkably, of the Tory conservatives rather than the liberal Whigs. He persuaded his party’s mostly well-born and dull-witted members to embrace both political reform — the Torys pushed through the Second Reform Bill of 1867, which dramatically extended voting rights — and progressive social and economic reforms during his second term as prime minister.

But Disraeli’s most remarkable achievement was not a matter of political or social reform but of monarchical reinvention. It was, quite literally, spectacular and starred the woman now known as the “widow of Windsor.” Following the premature death of her beloved Prince Albert, the stricken Victoria withdrew from public life and turned inward. Grieving and always garbed in black, she ignored her ceremonial duties, often seeking refuge in distant Scotland at her Balmoral estate.

In an echo of the British Crown’s current crisis, republican voices in Parliament began to question the immense sums spent on the monarchy while those on the street began to ridicule the queen. On a sign pinned to the gate at Buckingham Palace, one wag had written: “These premises to be let or sold, the late occupant having retired from business.” For the British public, it felt increasingly as if they were paying a lifelong subscription to a show that had permanently closed.

As a result, when Disraeli reached “the top of the greasy pole” upon becoming prime minister in 1868, his overriding concern was to cultivate his ties with the sovereign. As he confided to the poet Mathew Arnold, “everyone likes flattery; and when you come to royalty you should lay it on with a trowel.”

The newly arrived prime minister was as good as his word. As he wrote in his first message to the queen, “Mr. Disraeli with his humble duty to Your Majesty. He ventures to express his sense of Your Majesty’s most gracious kindness to him and of the high honour which Your Majesty has been graciously pleased to confer on him. He can offer only devotion.”

Swept off her feet by such declarations of devotion, Victoria described her new prime minister as “her kind, good, considerate friend.” She allowed her friend unprecedented privileges, such as front row seats for him and his wife for the wedding of the Prince of Wales, and even more shockingly, the permission to sit during their frequent private audiences, though he insisted on standing.

Disraeli continued to lay it on thick over the course of their relationship. “If your Majesty is ill,” he wrote in the third person during a political crisis, “he is sure he will himself break down. All, really, depends upon your Majesty.”

“He lives for Her,” he continued, “works only for Her, and without Her all is lost.”

Okay, even “thick” fails to describe Disraeli’s flattery. But here is the vital point: his conversations and correspondence with Victoria, while over-the-top, were also sincere. He was impressed by her character and her capacity to represent the nation. The future of Great Britain, he believed, depended on a vibrant and visible monarchy, one in which Victoria would of course play the starring role.

Deeply moved by Disraeli’s attention, the queen was drawn out of her shell of mourning. “After the long gloom of her bereavement,” Lytton Strachey wrote in his biography of Victoria, “she expanded to the rays of Disraeli’s devotion like a flower in the sun.” Gradually, this expansion was not just private and emotional, but also political and ceremonial.

In fact, Disraeli did not distinguish between the two. The imperial and spectacle were one and the same. In 1876, this conviction led him, with the Queen’s delighted complicity, to push a bill through Parliament that bestowed upon Victoria the title of Empress of India. Rather than pause her ceremonial ambitions in the years following Disraeli’s death, Victoria doubled down on her mentor’s playbook. She orchestrated her Golden Jubilee in 1887 and then years later, her Diamond Jubilee.

With these earlier spectacles in mind, Victoria’s great-great-granddaughter continued the tradition, with stunning success, not just with the first two jubilees, but adding, shortly before her death, the Platinum Jubilee in 2022. And yet, that triumph was soon followed by Elizabeth’s death and the diminishment if not death of the monarchy, in part thanks to Andrew’s abhorrent antics.

“A man’s fate,” Disraeli once remarked, “is his own temper.” But now, the fate of the very monarchy Disraeli helped build hangs in the balance — a turn of events that perhaps even he could not solve.

 

The post Benjamin Disraeli once saved Britain’s monarchy — the current one may be beyond repair appeared first on The Forward.

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Israeli bobsled squad is disqualified from Olympics after trying to swap in Druze teammate

(JTA) — The Israeli bobsled team’s historic journey to the 2026 Winter Olympics ended in anything but storybook fashion on Sunday, as Israel’s own Olympic committee withdrew it from competition after learning that the team had lied about a member’s health.

The withdrawal meant that Israel did not compete in the four-man race on Sunday, the final day of competition in Milan and Cortina.

After finishing the first two heats of the four-man bobsled race as the slowest team, Israel planned to swap out Uri Zisman for team alternate Ward Farwasy, who would have become Israel’s first-ever Druze Olympian had he taken the ice.

But bobsled substitutions are only permitted in the event of an athlete’s injury or illness, so Zisman had agreed to lie and tell officials he was sick. He had reportedly obtained a medical certification for the false story.

In a statement, Israel’s Olympic committee said it had learned of the team’s plan to substitute in Farwasy “in an improper manner that does not meet the standards expected of Olympic athletes and is not in line with Olympic values,” and chose to withdraw the team from the race.

“The Olympic Committee of Israel views any deviation from the Olympic values as unacceptable and cannot accept inappropriate behavior,” the statement said. “It should be emphasized that, up to this point, the participation of the bobsleigh delegation has taken place in the spirit of sport and without any violations by the athletes.”

David Greaves, the president of the Israeli Bobsleigh and Skeleton Federation, told the Times of Israel that he was “deeply disappointed in the actions of the team.”

AJ Edelman, the team’s captain and main driver of its existence, took responsibility for the scheme.

“I apologize profusely for the disappointment,” Edelman posted on X. “But I will always remain proud that the team looked at their Druze brother, who had earned his place on the team, and unanimously said ‘we want this for you.’ I signed off on it and I take responsibility.”

Later, fending off criticism that he had compromised the very Olympic program he had sought to build up, Edelman appeared to blame Zisman’s mother for calling foul on the switch and said he did not regret it.

“I make no apologies for the decision. At all. The switch is not only common in our sport, we did it believing it was good for the country and to honor our teammate. We thought we were putting country first,” he wrote. “The end effect was not intended but I am proud of the team’s consensus in that moment. It was only an issue because the mother of the athlete replaced was upset it was her child, not another athlete. The decision itself was not in question and I remain okay with it.”

The disqualification ignited criticism of the team from both pro-Israel sports fans and those who had protested Israel’s inclusion in the Olympics in the first place. Edelman and Menachem Chen’s last-place finish in the two-man bobsled event last week was overshadowed by a Swiss broadcaster’s criticism of Israel and Edelman during the race. The broadcaster later removed the clip from its website.

On Saturday, Italy’s public broadcaster apologized for a commentator’s off-camera remark calling to “avoid” the Israeli team. The network’s director issued an apology for what he said was an “unacceptable expression that in no way represents the values of public service broadcasting or of RAI Sport.”

The controversies came after the bobsled team’s apartment was broken into while it trained in the Czech Republic. Israel was competing in Olympic bobsled for the first time, in what Edelman and some fans dubbed “Shul Runnings,” a reference to the Jamaican bobsled team’s similarly improbable run in 1988.

The post Israeli bobsled squad is disqualified from Olympics after trying to swap in Druze teammate appeared first on The Forward.

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Leaked DNC autopsy found Biden’s Israel backing cost Harris votes for president

Senior Democrats who reviewed the party’s 2024 presidential election autopsy concluded that the Biden administration’s handling of the Israel-Hamas war was a “net negative” for Democrats and cost Vice President Kamala Harris critical support among younger and progressive voters, according to a new report published Sunday. The Democratic National Committee has so far withheld the findings from public release.

Activists affiliated with the Institute for Middle East Understanding Policy Project, a progressive research group, told Axios that in post-election discussions with DNC representatives, party officials acknowledged that the Biden administration’s support for Israel during the war in Gaza was a factor in former Vice President Kamala Harris’ loss to Donald Trump.

The war loomed large in the campaign before Biden withdrew from the race. Anxious Democrats reportedly pressured former President Biden to “take a tougher stance on Israel” as one way to recover from his catastrophic debate performance in June 2024. Some advisers floated the idea of conditioning or halting certain arms transfers to shift the campaign’s direction and appeal to disaffected progressives and voters in Michigan — a swing state with a substantial Arab American community — who had cast “uncommitted” protest ballots in the primary.

Harris, who was more forceful in her call for an immediate ceasefire to address the dire humanitarian situation in Gaza, lost Michigan and Pennsylvania by almost 2 points.

“We should have done more as an administration,” Harris said in November. “We should have spoken publicly about our criticism” of how Israeli Prime Minister Benjamin Netanyahu and his government “were executing this war.”

The DNC claimed it has shared the internal findings with party leaders and candidates. Progressive activists are pushing for them to be made public ahead of the midterm elections.

Kamala Harris’ conclusions 

In her book about the election, titled 107 Days, Harris addressed what she described as the political fallout from Biden’s statements and her own stance on the war, writing that it hurt Democrats with key constituencies.

“The issue was not binary, but the outcome of this election certainly was,” Harris wrote, adding that she wished that those who protested her understood that “sitting out the election or voting for a third candidate would elect Trump and kill any effort for a just peace, any hope for a two-state solution.”

In her own defense, Harris wrote that she “wanted to acknowledge the complexity, nuance and history of the region, but it seemed very few people had the appetite for that or the willingness to hold two tragic narratives in their mind at the same time, to grieve for human suffering both Israeli and Palestinian.”

In her rushed vetting of running mates, Harris pushed Pennsylvania Gov. Josh Shapiro to apologize for criticizing pro-Palestinian campus protests, which he refused to do, according to his recent memoir.

Harris wrote that she discussed with Shapiro how his selection might affect the campaign, including the risk of protests tied to Gaza at the Democratic National Convention and “what effect it might have on the enthusiasm we were trying to build.” She wrote that Shapiro responded by saying he had clarified that earlier views he held were misguided and that he was firmly committed to a two-state solution. Harris ultimately selected Minnesota Gov. Tim Walz as her running mate, but protests over Gaza still roiled the Democratic convention. Uncommitted delegates staged a sit-in outside the venue after the DNC declined to allow a Palestinian American to address the main stage.

The path forward

Palestinian rights have increasingly become a litmus test for Democrats.

Recent national polls show Democratic voters have as a group become more sympathetic to Palestinians. The IMEU Policy Project conducted a poll after the Democratic primary for New York City Mayor last year, which showed that Zohran Mamdani’s sharp criticism of Israel attracted new voters and energized parts of the Democratic electorate that contributed to his victory. The post-primary survey showed that 78% agreed with his belief that Israel was committing genocide in Gaza, and 79% support restricting weapons to Israel.

Last August, the Democratic National Committee withdrew a resolution reaffirming the party’s support for Israel and a two-state solution to avoid a clash with younger and progressive activists who were pressing sharper opposition to Israel.

In July, a record 27 Senate Democrats, a majority of the caucus, supported a pair of resolutions calling for the blocking of weapons transfers to Israel.

Even national Jewish Democrats, like Illinois Gov. JB Pritzker and former Chicago mayor Rahm Emanuel — both considered possible presidential candidates in 2028 — have publicly challenged Israeli policy. Shapiro has repeatedly been critical of Netanyahu and, last year, criticized the Israeli government’s rejection of international reports on hunger  in Gaza, calling it “abhorrent” and “wrong.”

The post Leaked DNC autopsy found Biden’s Israel backing cost Harris votes for president appeared first on The Forward.

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