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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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UK threatens sanctions after Israel opens bids for E1 settler homes
(JTA) — JERUSALEM – The United Kingdom threatened to sanction Israelis involved in West Bank settlement expansion after the Jewish state’s Lands Authority opened bids for 1,234 homes in the largely underdeveloped E1 section of the West Bank settlement of Ma’aleh Adumim.
Construction in E1 “would cut across the heart of Palestine and risks separating the West Bank from East Jerusalem, which would endanger the viability of a two-state solution,” the British Foreign Secretary Ed Miliband said in a special statement he posted on X on Thursday.
Targeted sanctions, Miliband wrote, would be part of a series of measures his government would take. His office also summoned Israel’s charge d’Affaires Thursday to demand a closure of the bidding process, which first opened on Tuesday, and a withdrawal of the construction project altogether.
“Britain will not stand back and accept the destruction of the two-state solution,” he wrote. Miliband has held his position for a month and is part of the new leadership Labour Prime Minister Andy Burnham appointed when he took office in July.
Israel’s Foreign Minister Gideon Sa’ar attacked Miliband on X, stating that Britain’s “decision to damage the relationship between our countries is deeply unfortunate.”
He said that the U.K. government’s “systematic policy of blaming only Israel while ignoring Palestinian extremism has already contributed to a massive wave of antisemitic hatred and attacks against the British Jewish community.”
The Jewish people have the same right to “live throughout the Land of Israel” just as the British people have a right to live anywhere in the U.K., Sa’ar wrote.
Plans to expand the built-up area of Ma’aleh Adumim settlement by constructing some 3,400 housing units on a largely underdeveloped hilltop within the city’s boundaries have been in place since 1994 when Yitzhak Rabin was prime minister.
Israel mostly froze those plans under pressure from the international community, including the U.S., with many countries warning that building homes in E1 would harm their diplomatic ties with Israel.
Prime Minister Benjamin Netanyahu began to advance the project in earnest in 2012 to protest the United Nations General Assembly decision to grant the Palestinians the status of a non-member state and has since pushed the project forward in spurts, particularly during election seasons.
The publication of the bidding process for the homes was first announced on Tuesday and is set to close on Oct. 19, one week shy of the Israeli elections on Oct. 27. Opening the bids is a move that plays well with Netanyahu’s right-wing voter base, which opposes Palestinian statehood and believes that settlements like Ma’aleh Adumim and the E1 area should be annexed into sovereign Israel.
But the move reverberated globally, with the U.K. signing onto a joint condemnation by France, Germany, Italy, the Netherlands, Norway, Belgium, Sweden, Australia, New Zealand and Canada, in which they warned that settlement building in E1 distanced peace and undermined the country’s international standing.
They also reminded businesses who might bid for E1 construction that they could face legal or reputational consequences, given that such companies could be in breach of international law.
Palestinian Authority Vice President Hussein Al-Sheikh said he welcomed the condemnation, explaining on X that such a position “reflects the importance of the international role in confronting settlement activity and safeguarding the two-state solution.”
This article originally appeared on JTA.org.
The post UK threatens sanctions after Israel opens bids for E1 settler homes appeared first on The Forward.
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Argentina removes federal judge over antisemitic remarks in historic first
(JTA) — An Argentine federal judge was removed from office Tuesday for a series of antisemitic posts on his social media accounts that constituted misconduct incompatible with his role, an impeachment panel ruled.
Alfredo Eugenio López, who headed Federal Court No. 4 in the coastal city of Mar del Plata, was removed by Argentina’s Jury of Impeachment, a special panel composed of judges, lawmakers and lawyers.
It is the first time in Argentina’s history that a judge has been removed over antisemitic remarks.
In López’s social media posts, the judge referred to the Jewish people as “a brood of vipers,” Israel as a “fictitious state” and Argentinian Jews as “foreigners.” He has also used such terms as “Zionist” and “gay” as insults.
According to the panel, the judge committed acts of “discrimination and the denial of equal rights against the Argentine Jewish community. For the purposes of these proceedings, it is particularly significant that, by acting in this manner, he shattered public confidence in his continued fitness to administer justice impartially.”The case reached the panel through Argentina’s Council of the Magistracy, based in Buenos Aires, the constitutional body responsible for the selection and discipline of federal judges.
The first complaint against López was filed in February 2025 by the Delegación de Asociaciones Israelitas Argentinas, which is the umbrella organization representing Argentina’s Jewish community. One month later, the Argentine Forum Against Antisemitism also filed a complaint. In July 2025, attorney Yamil Santoro from Apolo Foundation added another one.
In his defense, López argued that his messages were “ subjective and decontextualized interpretations of exchanges on social media, which in no way affect the administration of justice or his impartiality” as a judge. He added that his remarks were unrelated to any pending case and that he had never been recused or removed from any judicial case.
Neither Lopez nor his attorney were immediately available for further comment.
“He was removed because he simply would not stop engaging in hate speech,” jury member Alberto Maques said during a live interview Tuesday on the A24 news channel. “It is absolutely disgraceful for a federal judge to engage in this kind of conduct.”
Maques said there were 15 social media posts that he acknowledged, but more than 50 posts in which he said “outrageous things that are not worth repeating because they truly constituted hate speech.”
“This is not merely an issue of hate speech against the Jewish community. This is someone who lacks common sense,” he added, interviewed by A24 news channel.
Prosecutors in the impeachment proceedings argued that the messages were not isolated political comments but reflected a pattern of hostility toward Jews, Zionism, and the State of Israel.
“No position of authority can shield hatred. This is not a matter of punishing an opinion. It is about sanctioning repeated conduct involving antisemitism, hostility and dehumanization, conduct incompatible with the impartiality, dignity and public trust required of the judiciary,” DAIA said Tuesday in a statement.
“This case sets a precedent: for the first time in more than a century, DAIA initiated proceedings of this nature against a judge. No office is above democracy.”
This article originally appeared on JTA.org.
The post Argentina removes federal judge over antisemitic remarks in historic first appeared first on The Forward.
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California progressive Wahab defeats AIPAC-backed Hernandez in close race
(JTA) — California progressive Aisha Wahab defeated AIPAC-backed moderate Melissa Hernandez in a congressional runoff this week, capping off a contest that had become unexpectedly tight after the pro-Israel lobby entered the fray.
The Associated Press called the race between the Democrats — who were vying to replace a disgraced former Rep. Eric Swalwell — a full two days after polls closed, when Wahab secured 53.1% of votes to Hernandez’s 46.9%, with 95% of ballots tallied. The gap between them grew by four percentage points from Tuesday evening, when Wahab had held a narrow 51% lead to Hernandez’s 49%.
“We stayed focused on the people, and I will fight for this district that raised me,” Wahab said in a Thursday statement, noting her journey “from foster care to Congress” in her East Bay community.
Although Wahab ended up victorious, the narrow initial margin on Tuesday shocked California’s 14th District, given that she had secured a double-digit lead in preliminary races two months ago.
But in the past few weeks, an unforeseen variable appeared to influence the trajectories of the two campaigns: a massive spending push from the American Israel Public Affairs Committee aimed at turning the tides for Hernandez.
Since the beginning of August alone, AIPAC’s super PAC, the United Democracy Project, and other affiliated groups spent more than $2.5 million on both boosting Hernandez and denigrating Wahab with negative ads and mailers, according to Federal Election Commission filings.
“This was not a landslide for Wahab by any means,” local Democratic strategist Noah Finneburgh, who is not affiliated with either candidate, told the Jewish Telegraphic Agency.
“They narrowed the gap for sure,” Finneburgh added, referring to AIPAC. “They spent millions of dollars attacking Wahab very aggressively.”
These attacks, he explained, did not involve Israel and instead focused on divisive issues for the Bay Area, such as public safety and protecting kids.
“Negative advertising with a persuasive message can be very effective,” Finneburgh said.
In her Thursday night statement, Wahab declared that her “district cannot be bought,” describing the race as “one of the ugliest, most expensive elections we’ve ever seen.”
Prior to this influx of cash and related ads, neither AIPAC nor Israel had played a significant role in this short-lived race — which began in April following Swalwell’s resignation over allegations of sexual assault.
When the district held a special primary to seek Swalwell’s replacement on June 16, Wahab and Hernandez finished as the top-two candidates and moved on to this week’s special general runoff election.
California primaries are “nonpartisan” or “top-two” races, in which the two highest ranking candidates move on to the general election, irrespective of their parties. The top-two in this case were both Democrats, like Swalwell, in a district that the Cook Political Report deems solidly blue.
Even though Wahab will now finish the remainder of Swalwell’s term, she will have to compete with Hernandez again in the November general election for a full term that begins on January 3, 2027.
In a June 16 special primary that preceded this week’s runoff, there was still a massive gap between the two candidates, with Wahab accruing 42.8% of the votes, compared to Hernandez’s 16.8%. A separate primary for the November race, which occurred two weeks earlier, placed Wahab at 38.3% and Hernandez at 17.2%.
Wahab, who will be the first Afghan American in Congress, has focused on affordability, civil rights, education and climate change. Her campaign calls for an end to wars and “prolonged occupations” but only specifically calls out U.S. military activity in “Afghanistan, Iraq, Syria, Libya, Yemen, Pakistan, Somalia, and elsewhere.”
Though Wahab has been critical of Israel and its operations in Gaza, she has not been as vocal about the issue as many other progressive colleagues nationwide. She responded “yes” when asked if Israel was committing genocide in a primary debate, but she didn’t include Israel or Gaza in her campaign priorities.
During a recent appearance on far-right influencer Hasan Piker’s livestream, Wahab acknowledged that “it’s not a zero-sum game in the Middle East,” adding that “we can care for all people.” She also referenced a resolution she introduced last year in the California legislature, pushing for a ceasefire in Gaza but also condemning Hamas and demanding the release of the hostages.
“We talk about both Palestinians and the Israeli victims there,” Wahab told Piker. “We talk about holding the perpetrators accountable from both sides.”
Asked if she was in favor of “ending all U.S. aid to Israel,” she responded “yes,” while stressing that “humanitarian aid is important to me, too.”
Wahab has earned the backing of multiple labor unions, the California Democratic Party and Our Revolution, the group formed by Sen. Bernie Sanders to advance the progressive movement. The liberal pro-Israel group J Street also recently invested $108,000 in her campaign, according to the FEC. American Priorities, a pro-Palestinian PAC, also spent at least $200,000 on supporting her.
Hernandez has received endorsements from several police and fire unions, as well as Democratic Jewish Reps. Lois Frankel of Florida and Brad Schneider of Illinois.
Come November, Hernandez will gain one additional asset. Due to statewide redistricting, the 14th District will gain about 26,000 new voters from Dublin, where Hernandez previously served as mayor, the San Francisco Chronicle reported.
But Finneburgh said he believes that Hernandez has only a minimal chance of winning that race, especially because Wahab will be heading into that election as an incumbent.
He also suggested that if “she plays her card right,” Wahab could even take some endorsements away from Hernandez.
“There’s going to be people who are going to probably move over from the Hernandez camp and back her,” Finneburgh added. “It’s going to be hard to unseat her.”
This article originally appeared on JTA.org.
The post California progressive Wahab defeats AIPAC-backed Hernandez in close race appeared first on The Forward.
