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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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Cultural boycotts of Israel just reached peak absurdity

Nadav Lapid is a filmmaker whose work has become increasingly ferocious in its indictment of Israeli society, nationalism and moral self-deception. His latest film, Yes, is not a plea for Israeli innocence, but rather a savage, obscene, self-implicating reckoning with a country in which language, music, sex and grief have all been drafted into the service of monstrous affirmation.

That he was pushed out of a prestigious international film festival in the name of opposing Israeli state violence is not a victory for moral clarity. It is “an intellectual failure,” to quote an open letter that was published in Le Monde on June 9.

Here’s the backstory: Lapid, a dissident Israeli director based in France, was asked to serve on the jury of the international film festival FID Marseille. After his appointment was announced, the festival’s director, Tsveta Dobreva, started to receive phone calls objecting to the presence of an Israeli director on the film festival jury.

Dobreva initially stood by her decision, yet as pressure intensified, the festival and Lapid mutually agreed that he would give up the jury role. Instead, the festival envisioned a more limited role for Lapid in Marseille, in which he would present his first feature, Policeman (2011), followed by a public discussion. However, even this compromise continued to raise the hackles of those who felt that the mere presence of an Israeli filmmaker at FID Marseille was unacceptable.

After a dozen directors threatened to pull their films from the festival over his participation, Lapid exited — not, it seems, out of a desire to capitulate to his opponents, but rather because he felt insulted that so many in the global filmmaking community felt that his presence in Marseille was an instance of “artwashing” designed to deny, obscure or deflect from the crimes of the Israeli government and the IDF.

How does the presence of a dissident filmmaker make him the representative of the very state he critiques? One can argue about and with Lapid’s films. One can validly choose to love them, attack them or reject them. But first one has to watch them.

That point rests at the heart of the Le Monde letter defending Lapid, collectively signed by 10 prominent actors and directors including Natalie Portman and Jacques Audiard. The case against him is that for a blanket cultural boycott of Israeli artists, fueled by the fact that Yes received support from the Israel Film Fund.

What critics may miss: The Israel Film Fund operates independently of Israel’s government, albeit with taxpayer funding, and has supported films sharply critical of Israeli policy — including last year’s The Sea, an antiwar film about a Palestinian boy that won five Ophir awards, Israel’s equivalent to the Oscars. (After The Sea’s award night victory, Israel’s Culture Minister threatened funding cuts to the ceremony.) Le Monde even reported that the Israel Film Fund stepped in to provide 10% of Lapid’s budget for Yes after the European Union declined to support what they judged to be an anti-Israel project.

Lapid himself has not dismissed the boycott debate. He has called it serious, and has long supported political sanctions against the Israeli state. Nor does he appear to think of the filmmakers who oppose him as enemies. He has suggested that their actions come from powerlessness, anger and immense frustration at political inaction over Gaza.

But he understands that political frustrations can lead to censorship with far-reaching implications.“For a year, it was my film Yes that was being attacked,” he told Le Monde earlier this week. “And then, suddenly, my mere presence became unacceptable. I asked myself: What exactly do they want? That I stop making films? Should I leave France? How far will this go?”

Those are troubling questions. Answering them incorrectly — as Lapid’s critics have — risks turning film festivals into places to virtue signal and perform outrage, rather than opportunities to sit with art that fosters critical thinking and discrimination.

The most recent editions of the Berlin Film Festival illustrate that risk. Berlin has always been a deeply political festival, beginning with its Cold War origins. Since the Hamas attack of Oct. 7, 2023, the festival has been convulsed by furious debates set off by Israel’s war in Gaza, and amplified by the German government’s iron-clad support for the Jewish state.

Accusatory speeches, open letters and political threats have frequently upstaged the actors and filmmakers on the red carpet. The festival has become political in the way that a rally is political. Instead of the films themselves provoking complicated political conversations, the focus has increasingly been on the inability of the Berlinale — one of Germany’s foremost cultural institutions — to issue a robust defense of freedom of expression while respecting Germany’s historic responsibility to Israel.

Marseille risked a similar mistake. Dobreva, the festival director, warned that the boycott threats over Lapid prevented the festival from programming freely and serving as a place of free thinking. She is absolutely right. A film festival should be able to screen Palestinian films, condemn state violence, interrogate potential moral compromises in film funding and still hold clarity about the fact that an individual artist’s value cannot be reduced to the birthplace listed on his passport.

The collective Palestine Will Save Cinema, which agitated against Lapid’s presence at Marseille, argued that placing Palestinian and Israeli narratives side by side risked turning the devastation of Gaza into a tidy exercise in balance, as if symmetrical programming could smooth away asymmetrical suffering.

That argument is guilty of its own kind of cultural flattening. Lapid’s films have been arguments with and against the country that formed him. In Synonyms (2019), an existential tragicomedy that is Lapid’s most incisive investigation into Israeli and Jewish identity, a young man moves to Paris after completing his military service. There, he tries — and ultimately fails — to transform himself into a Frenchman by repudiating the Hebrew language and severing ties with his family.

In Ahed’s Knee (2021) an Israeli filmmaker is incensed after being asked to choose from a list of approved discussion topics for a Q&A about his work at a community library. The filmmaker’s protest against government censorship swells into a scorching, self-destructive tirade against Israeli culture, with righteous anger warping into paranoia and cruelty.

When I interviewed Lapid about Ahed’s Knee in Cannes, where the film won the jury prize, the director told me that making the film had allowed him to think through a number of tough yet vital questions: “What does it mean to be good in a bad place? And what does being right matter when it detaches you from your most human instincts?”

He added that sick societies present people with bad choices, where “the normal option doesn’t exist.” Yes is the most extreme form he has given to that idea. In Munich, he said the film is vulgar, noisy and brutal because the “collective soul” it depicts is vulgar, noisy and brutal — and because he, too, is “part of the sickness.”

Rejecting false equivalences is not the same thing as reducing every Israeli artist to an emissary of state violence. Film festivals exist, in part, to teach us to see such distinctions. To exclude an artist of Lapid’s stature, temperament and talent is to admit that we no longer trust art, or ourselves, to withstand complexity and contradiction.

Lapid’s case reveals this category error with special force.

The post Cultural boycotts of Israel just reached peak absurdity appeared first on The Forward.

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The Jewish friendship that let David Hockney experience ‘dangerous perfection’

Think of the British painter David Hockney, who died Thursday at 88, and you think of color. 1967’s “A Bigger Splash,” almost certainly his most famous work, is a study in blue so profound that it’s nearly synesthetic: The pool is such a saturated cool that you can feel the water lap your feet, and the sky so rich with California sunlight that your shoulders burn. When Hockney turned more toward landscapes in later years, trees came in every color of the rainbow — here a pink trunk, there a purple — and roads were streaked salmon and teal.

Which makes it stranger that one of the works of his that I find most evocative has no color at all. It’s a 1975 pen and ink drawing of the American Jewish artist R.B. Kitaj, one of Hockney’s dearest friends, sitting on a bench outside an art school in Vienna.

Kitaj, head propped in his hand, looks out toward the left side of the page. His face is the lone area of detail in a scene thrown together with brisk, expressive lines. There is a sense of place around him, but that place is in the act of disappearing. As the scene spreads to the right and lower edges of the page — the areas that would fall outside Kitaj’s line of sight — it ceases to exist. Kitaj’s bench is slatted, rounded and real, but the bench abutting it is depicted in a few brief strokes. The buildings and street are sketched with light attention within what seems to be Kitaj’s periphery line, and are nonexistent beyond it.

The picture is a study of a man in deep focus. Hockney draws Kitaj’s head — and by inference, everything within it — as real and lifelike. But beyond the scope of Kitaj’s vision — the material the world presents him, possibly to be made into art — Hockney shows his surroundings as being valuable only as perspective lines, helping to situate the subject in space.

To be caught thinking is a vulnerable experience. To have someone restore your sense of your own physical self is a shock. By sketching Kitaj in his moment of remove, Hockney gave a renowned and somewhat glamorous friendship a sense of life. And he gave a sense of life, too, to the thing that made his own art so attractive: the impression of a rare and gorgeous intensity of vision, one that could draw a viewer’s attention so completely that it seemed what was on the canvas was the only real thing on earth.

In his drawing of Kitaj, the line is blurred between his subject’s concentration and his own. Is it really that Kitaj is so immersed in the act of seeing — or that Hockney is, his gaze so rapt upon his friend as to make him able to capture, briefly, what it was like to see through Kitaj’s eyes?

From the first days of their friendship at the Royal College of Art, Hockney and Kitaj existed on two planes for one another: human and artistic. As each worked to find the right way to reflect their own humanity in their art, their concepts of both themselves and their work influenced one another. “I was painting about my Jews and my books and Hockney was just coming out of the closet, so I said paint that,” Kitaj once said. And another time: “He switched to his gay culture as I began on my Jewish culture in its first forms.”

When Kitaj married the painter Sandra Fisher in 1983 — after Hockney introduced them in the 1970s — Hockney was his best man. “Those orthodox Rabbis had never seen such a gang under the chuppa,” Hockney told 032c magazine in 2025. At that moment, he said, “life for me had reached a dangerous perfection.”

A “dangerous perfection.” What did that mean? I see a glimpse of the answer in Hockney’s drawing of Kitaj — a sense of connection so complete as to threaten the boundaries of selfhood. At Kitaj’s wedding, Hockney experienced that threat as a kind of transcendence: Look, how wonderful being alive among other people can be. The experience captured in his drawing of Kitaj is different, but related. It’s that of a kind of looking, and seeing, that briefly gives total knowledge.

That kind of completeness is one of the aims of friendship, and also of art. There will be much to miss about Hockney, an artist who was easy to love. But the rare experience of absolute immersion that his best work gave its viewers may have made, out of all he accomplished, the biggest splash.

The post The Jewish friendship that let David Hockney experience ‘dangerous perfection’ appeared first on The Forward.

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Aristotle, Jewish ethics and the vexing case of Graham Platner

In last Tuesday’s Democratic Senate primary in Maine, nearly three quarters of voters decided that Graham Platner — Iraq War veteran, oysterman, Reddit misogynist and SS tattoo bearer — was their best hope to defeat the Republican incumbent, Susan Collins, come November. While the result was wildly cheered by his supporters, other Democrats and independents were left deeply uneasy.

There are good reasons, philosophical no less than political, for this disquiet. For some Democrats, the winning approach to the election is not necessarily one that leads to victory, but instead one that leads from virtue.

Much attention has been given to the political issues raised by Platner’s candidacy. His embrace of economic populism and excoriation of our country’s oligarchy, his denunciation of forever wars and defense of the common man were and remain compelling stances. That Platner speaks his own mind, and does so simply but rarely simplistically, rather than from a script bolted together by handlers, is clearly a plus as well.

But the matter of his character also raises a serious ethical issue not just for Platner, but also for those who voted for him this spring and plan to do so again this fall. It is less a matter of achieving a good result, than of affirming the good itself.

Moral philosophy comes in three flavors: consequentialism, deontology, and virtue ethics. For reasons of space, let’s focus on the first and last. As the name suggests, consequentialism focuses not on the means but instead on the ends. But this does not mean, as some think, that any end can justify any means. Instead, philosophical consequentialists argue that acts must be judged by a simple measure: seeking the greatest good at the least moral cost.

For a hypothetical example, say I have a student who is floundering in one of my classes. They are doing their best, but for various reasons their best will probably not help them avoid a failing grade. Afraid to disappoint or depress the student, I allow them to continue in the class. Consequently, the student sinks rather than swims by semester’s end. Or, instead, I can sit down with the student earlier in the semester and suggest that they withdraw today and try again a later day when they are better prepared. The result is the least cruel and most good: some suffering in the short term rather than greater suffering in the long run.

Yet, consequentialism can be complicated. Consider the election of John Fetterman to the Senate in 2022. Faced by the prospect of voting for the Republican candidate, Democrats and independents gave Fetterman the winning margin despite a stroke he suffered during the campaign, one that raised serious questions about his capacity to hold the office. For reasons that are hard to parse, Fetterman has since broken with his fellow Democrats on several vital issues.

Rather than realizing the greater good, some Pennsylvania voters may now realize their reasoning was misplaced.

This brings us to virtue ethics, which is now enjoying a second wind among moral philosophers. Inspired by Aristotle’s Nicomachean Ethics, virtue ethicists are less concerned with actions than they are with character. As the philosopher Todd May writes in his book The Decent Life, the key question for consequentialists (and deontologists) is “How should I act?” But for those who promote virtue ethics, the question is “How should I live?”

By this, they mean what Aristotle seems to have meant: how can we live a happy or flourishing life? The answer is by living that life in accord with virtue.

Simply put, virtues are those traits of character — think bravery and constancy, sagacity and generosity—crucial to human flourishing. And to flourish as humans requires a deep disposition to see and feel, choose and respond to the world and others in ways that align with those virtues. In the words of the late Alasdair MacIntyre, the philosopher who reintroduced virtue ethics to modern readers, “The exercise of the virtues is itself a crucial component of the good life for man.”

Inevitably, just as with the other ethical theories, there are problems with virtue ethics. But there are also advantages, principally that it seeks to build character rather than build a calculus of the highest good. This brings us back to Graham Platner. What is at issue with his campaign is not just the character of the candidate, but the character of the nation we wish to realize. The unavoidable question is not whether the ends justifies the means, but whether the means justifies the end—in this case, a nation dedicated not to winning a Senate majority, but to one dedicated to reversing the waning of virtue. Even if this means giving Susan Collins 6 more years.

Modern Jewish thinkers find ties between pagan and Jewish ethics. Yonatan Brafman, who teaches at the Jewish Theological Seminary, points to fascinating parallels between the writings of Aristotle and the medieval philosopher Moses Maimonides. The latter, Brafman suggests, sought various ways to encourage the practice of generosity. “Fulfilling the commandment of matanot le-’evyonim (gifts to the poor) and even prioritizing it over other commandments both expresses and fosters the virtue of generosity,” Brafman writes. “Moreover, in Maimonides’ view, this virtue is central to human flourishing. Generosity enables an individual to achieve divine joy.”

Of course, the exercise of generosity should apply to Platner, a man who insists that he has changed. Come November, we will learn whether this is true for our nation. As for Platner, who insists he has changed, it may take much longer for all of us to know.

The post Aristotle, Jewish ethics and the vexing case of Graham Platner appeared first on The Forward.

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