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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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This Israeli filmmaker harshly criticizes his country. Pro-Palestinian activists boycotted him anyway
(JTA) — Earlier this year Nadav Lapid, the award-winning Israeli dissident filmmaker, traveled with his son to Marseille for a screening of his latest film. He fell in love.
“This city reminded me of Tel Aviv, in a way, with the beach and everything,” he recounted Wednesday to the Jewish Telegraphic Agency — referring to the city he no longer lives in, having built a career with movies that take sharp aim at what he calls the “moral abyss” of Israeli society. When a Marseille film festival then invited him to serve on its jury for its upcoming installment in July, he readily accepted.
Then the boycotts started. Last month around a dozen pro-Palestinian filmmakers threatened to pull out of the upcoming Marseille International Film Festival over Lapid’s planned participation because, they said, he had accepted funding from the Israeli government to support his work. (Lapid’s movies, including his latest, have received funding from Israel’s film fund.) Following this, according to the accounts of both Lapid and the festival’s director, the festival had second thoughts about him serving on the jury.
While the festival offered him the opportunity to participate in a public master class instead, Lapid said, the protesters hadn’t relented: “It’s not enough for these people.”
Frustrated, the director earlier this week decided to pull out of the festival altogether. He’s not happy about it.
“To make people like myself the enemy when the actual state of things is so terrible, it’s insanity. It’s stupidity,” he told JTA. “For them, the highest triumph of the Palestinian cause is if they will cancel my master class in Marseille? I think it’s pathetic.”
Lapid has received a groundswell of support this week: Natalie Portman and hundreds of other film-industry figures have signed open letters criticizing the boycotts against him. While he’s uncomfortable with being in the spotlight for reasons unrelated to his films, Lapid said he’s pleased with this outcome.
“You could have composed an unbelievable cinematic program from only the filmmakers that texted me during the last hour,” he said.
Even so, the filmmaker says, he’s now unsure if he is still welcome in France as a dissident Israeli.
“I asked myself whether they would like me to stop doing movies, or to leave France,” he told JTA. Elsewhere, he’s described himself as “homeless.”
It’s the latest unspooling of painful dynamics around artistic boycotts of artists and institutions seen by the left as normalizing Israel. Last month another French cultural figure, the Jewish comics artist Joann Sfar (“The Rabbi’s Cat”), faced calls to boycott his presence at a literary festival, also in Marseille. In its justification, a pro-Palestinian artist collective, pushing an Instagram post reading “Zionists out of our city,” cited Sfar’s signing of an open letter last year that argued a Palestinian state should not be recognized unless Hamas could be disarmed and Gaza’s Israeli hostages freed.
In recent months, in addition to broader boycotts of the Israeli film and TV industry, several leading cultural critics of Israel — both Jewish and not — have been targeted as well. Those include bestselling author Sally Rooney for publishing a Hebrew-language translation of her novel with a left-wing Israeli publisher (some prominent activists accused her of exploiting a “loophole” in the Boycott, Divestment, Sanctions movement against Israel); Jewish Currents editor Peter Beinart for speaking at Tel Aviv University; and Jewish author Joshua Leifer for associating with a “Zionist” rabbi at a book event.
In Lapid’s case, the group organizing against him, La Palestine Sauvera Le Cinéma, argued that “Nadav Lapid is not being targeted because of his Israeli nationality.”
Instead, the collective asserted, their objection was due to Lapid having accepted funding from Israel to complete his latest film, “Yes!”; the fact that the film premiered at the Cannes Film Festival as an Israeli co-production and competed for Israel’s highest film awards; and Lapid’s past participation in an Israeli film festival in Paris.
“The cultural boycott does not target artists because of their nationality or personal opinions,” the filmmakers wrote, in French, in a blog post. “What is at issue here is the reality of their integration into the institutional and political structures of the Israeli state.”
For Lapid, whose new movie follows Israeli musicians hired to write an openly genocidal post-Oct. 7 anthem for their nation, this argument doesn’t hold water. Lapid has long been critical of cultural boycotts, including BDS. Such measures, he told JTA, are a form of “dogmatic Stalinism” and don’t “move one piece of sand” in Israel.
“I became a test case of purity,” he mused.
Others agree. More than 350 entertainment industry figures signed the first of two open letters in the French newspaper Le Monde backing him, which was published Sunday.
“Inviting an artist to a festival does not make them a cultural ambassador,” the letter reads, in French, decrying a “campaign of intimidation” against Lapid while also noting what the signatories said was the “genocidal logic” of Israel’s campaign in Gaza.
Among this letter’s signatories were Justine Triet and Arthur Harari, the Oscar-winning team behind “Anatomy of a Fall”; Harari is Jewish and a critic of Israel himself. Arnaud Desplechin, a French filmmaker who often features Jewish characters in his work, also signed. Other signers include acclaimed directors Claire Denis, Mati Diop, and Kleber Mendonça Filho; Romanian director Radu Jude, whose films have explored his country’s complicity in the Holocaust; and Palestinian historian Elias Sanbar.
A second open letter, published on Monday, calls the campaign against Lapid an “intellectual failure” and states, “No matter what crimes a state may commit, no one should be reduced to a passport.” It was signed by a smaller cohort of 10 names, including Portman; French-Jewish director Rebecca Zlotowski; and Oscar-winning filmmakers Jacques Audiard and Michel Hazanavicius.
Like Lapid, Portman — an Israeli-American actress who is one of the most prominent Jews in Hollywood — is a longtime critic of the Israeli government and opponent of the BDS movement.
Creative Community For Peace, a pro-Israel entertainment group, said Wednesday its members also oppose the boycott of Lapid, adding that Israel “funds, screens, and honors films that challenge its leaders, criticize its society, and engage openly with its most difficult debates.”
Unusually, the Marseille festival’s own director, Tsveta Dobreva, also signed one of the open letters in support of Lapid after she appeared to acquiesce to the earlier demands to pull him from the jury.
In an email, Dobreva told JTA her festival “fully supports Nadav Lapid,” saying that she had removed him from the jury out of concern he would be targeted at the event. She did not believe she had “agreed to the boycotters’ demands,” she said.
“Few festivals or cultural institutions in our days have the courage to extend invitations that may provoke controversy, and we stand with Nadav in believing that this form of self-censorship must be resisted, as it only contributes to the problem,” Dobreva wrote.
Lapid intends his next movie to be a follow-up to “Synonyms,” his 2019 film about an Israeli expat in Paris that won the top prize at the Berlin Film Festival. The Marseille festival is scheduled for July, but he says now he has no intention of going: “I’ll find other beaches.”
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Trump is imagining an Israel after Netanyahu. So are many Israelis. Netanyahu isn’t biting.
(JTA) — The party of Israeli Prime Minister Benjamin Netanyahu has rejected speculation that he might not run in Israel’s election this fall, following an offhand comment by U.S. President Donald Trump.
On Tuesday, ABC correspondent Jonathan Karl tweeted that Trump had told him he was unsure if Netanyahu wanted to press forward in the elections.
“He’s had an amazing career,” Trump said, according to Karl. “Does he want to continue? Because, you know, he’s a wartime prime minister. We will very shortly win the war one way or the other, and you know he’s a wartime prime minister.”
Netanyahu has been prime minister for more than 15 of the last 17 years, losing power only briefly in 2021 and 2022. Israel’s current wars began on Oct. 7, 2023, when Hamas attacked Israel, triggering regional conflict that has grown to include a joint U.S.-Israeli war with Iran.
Trump’s reported comments left some wondering whether he knew something they did not, amid polling suggesting that Netanyahu will struggle to secure enough votes to put together a governing coalition after elections this fall. Could Trump know that Netanyahu is considering suspending his already-active campaign? Or could Trump, who this week told the BBC that Netanyahu does anything the U.S. president tells him to, be planning to order his Israeli counterpart to stand down amid growing anti-Israel sentiment in the United States?
Netanyahu’s Likud party soon demolished the idea. “Prime Minister Netanyahu will run in the upcoming elections — and with God’s help, he will win,” the party posted Wednesday on X.
Only a minority of Israelis were primed to appreciate the declaration, according to a poll released this week by the Israel Democracy Institute. It found that 61% of Israelis, including 27% of Likud members, do not want to see Netanyahu run again this fall. The same proportion said they want to see Israel adopt a two-term limit for prime ministers in the future.
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Spain reports 86% rise in antisemitic incidents, as interior minister takes aim at ‘xenophobia’
(JTA) — Antisemitic offenses in Spain rose 86% last year amid the country’s highest total hate incidents on record, according to a report from the Spanish government.
Jews were targeted in 69 hate crimes and incidents in 2025, up from 37 in 2024, according to a report released last week by Spain’s Interior Ministry. Islamophobic attacks also increased from 15 to 35 incidents.
Interior Minister Fernando Grande-Marlaska said in a video posted on Facebook that his office documented 2,417 total hate incidents last year, the highest figure since it began recording in 2014. Spain is home to about 70,000 Jews, according to the Federation of Jewish Communities of Spain.
The ministry defined antisemitism as any act of hatred, violence or discrimination directed against Jews or “nationals of the State of Israel.”
Spanish Prime Minister Pedro Sánchez has become one of Europe’s sharpest critics of Israel and its military action in Gaza, which he says constitutes genocide. Spain imposed a total arms embargo on Israel in 2025 and permanently withdrew its ambassador in March, following Israel’s withdrawal of its ambassador to Spain in 2024.
The Interior Ministry said hate crimes motivated by racism and xenophobia accounted for the largest number of offenses at 934. Grande-Marlaska called out “public officials” for rhetoric and policies that he said inflamed xenophobic sentiment.
Grande-Marlaska released his report as Spain’s far-right, anti-immigration Vox party advocates for a “national priority” policy that favors Spaniards over others in access to public aid and benefits, such as subsidized housing and healthcare. Vox recently struck deals with the conservative People’s Party to insert the “national priority” clause into coalition agreements in the regions of Extremadura, Aragón and Castile and León.
“The national priority is xenophobia,” Grande-Marlaska said. “It is institutionalized xenophobia, protected and promoted by public officials who legitimize and amplify hate speech that, in the past, would have been condemned when it entered the public sphere.”
Vox is strongly supportive of Israel, whose government has allied with the party despite a history of neo-Nazis in its ranks. Vox leader Santiago Abascal visited Israel in 2024 to show his support for Prime Minister Benjamin Netanyahu after Sánchez recognized a Palestinian state.
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