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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.
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Trump urges Iran to make a deal after Iran fires missiles at Israel for first time in 2 months
(JTA) — Iran fired multiple barrages of missiles toward northern Israel on Sunday night local time, in the first direct fire from Iran on Israel since early April.
No one was immediately reported injured in the barrages, according to Israeli media, and the Israeli military said it shot down all the missiles aimed at the country on Sunday night.
The attack came hours after a stabbing attack by an Israeli Arab on Jews in central Israel killed one person and left several others injured.
The Iran salvo added to the turmoil for Israelis living in the north, who have been under constant fire from Iran’s proxy Hezbollah in Lebanon, and upsetting an uneasy quiet in the rest of the country. Schools across Israel will be closed on Monday.
Iranian officials said the barrage was a response to Israel’s strike earlier Sunday on a Hezbollah installation in the suburbs of Beirut, which the Israeli army said targeted a command center used to direct attacks on its troops.
Hezbollah last week rejected a U.S.-brokered ceasefire deal that would have halted Israeli strikes in Beirut, saying that it could not abide by terms that would have required it to exit southern Lebanon.
During a five-week war that Israel and the United States initiated against Iran on Feb. 28, at least two dozen Israelis were killed when Iran fired hundreds of missiles at the country in near-daily barrages. Active hostilities involving Israel ended when U.S. President Donald Trump initiated a ceasefire on April 8. He and Iran have not yet agreed to terms that would permanently end the war.
Trump said he was “not happy about” Israel’s strike in Beirut and signaled that he did not see Iranian barrage as an impediment to a future deal.
“It’s certainly not going to help negotiations,” he told Fox News. “We’re very close. I would say an agreement would be signed on Monday, Tuesday or Wednesday of this coming week. And now this takes place.”
Addressing Iran directly, Trump said, “You’ve shot your missiles, that’s enough. Get back to the table and make a deal.”
Israeli Prime Minister Benjamin Netanyahu did not immediately respond publicly to the Iranian attack on Israel.
This article originally appeared on JTA.org.
The post Trump urges Iran to make a deal after Iran fires missiles at Israel for first time in 2 months appeared first on The Forward.
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Maine Democrats are poised to nominate Graham Platner, as Jewish Democrats withhold support
Maine Democrats are poised to nominate Graham Platner on Tuesday to challenge incumbent Republican Sen. Susan Collins in one of the most important Senate races this year. But a series of recent domestic violence allegations and controversies surrounding Platner could become a major political problem for the party in its effort to regain control of the Senate.
The controversy extends beyond questions about electability. Jewish Democratic organizations have withheld support from Platner over his past Nazi-linked tattoo, criticism of Israel and rhetoric that some Jewish leaders view as troubling, even as top national Democrats rally behind his candidacy.
The primary was effectively decided weeks ago when former Gov. Janet Mills suspended her campaign after lagging in polls and struggling to raise money. Mills never formally withdrew from the ballot, leaving open the possibility that some Democrats will use Tuesday’s primary as a protest vote against Platner
The dilemma facing Democrats is unusually stark.
Maine, considered a purple state, is widely viewed as one of the party’s clearest opportunities to flip a Republican-held Senate seat. Collins, 73, is running for a sixth term, though critics argue her image as a political moderate has diminished in recent years. In her last reelection campaign in 2020, Collins defeated her Democratic challenger 51-42. Sara Gideon, who is married to a Jewish lawyer, ran a competitive race and drew support from Maine’s estimated 15,000 Jewish voters and outside Jewish Democratic groups.
The 41-year-old Platner, an oyster farmer and former Marine, appeared to be the kind of insurgent candidate Democrats dream about. He led Mills by a significant margin and consistently ran ahead of Collins in public polling.
But the past two weeks have left Democrats struggling with his candidacy.
Reports about explicit messages sent to women while married and allegations from former partners describing threatening and troubling behavior, along with scrutiny of past online posts, put the Platner campaign on defense.
For Jewish voters, Platner’s rise and the party’s embrace of him were already hard to swallow. Platner faced backlash last year after acknowledging that a black skull-and-crossbones tattoo on his chest resembled a Nazi symbol. He has since covered it up. In past posts on Reddit, Platner defended a man with a Nazi SS lightning bolt tattoo who impersonated a federal officer at a Black Lives Matter protest in Las Vegas in 2020.
A New York Times story last week cited an ex-girlfriend who said Platner knew for years that the tattoo on his chest was associated with Nazi imagery, an allegation he has forcefully denied.
Also troubling to Jewish Democrats, Platner has accused Israel of committing genocide in Gaza and suggested the U.S. should cut off all aid to Israel. Last week, Platner accused Collins of taking money from AIPAC and being “bought and paid for by Benjamin Netanyahu, and she votes accordingly.”
Halie Soifer, head of the Jewish Democratic Council of America, said in an April interview that her group was not prepared to back Platner. JDCA had endorsed Mills in the primary before she suspended her campaign. On Sunday, Soifer said the group continues to stand by its endorsement of Mills, signaling that voters who remain uneasy about Platner still have the option of casting a vote for the former governor, whose name remains on the ballot.
“If he were running in Jersey, he’d either be thrown off the ballot or buried under the Meadowlands,” Rep. Josh Gottheimer, a Jewish Democrat from New Jersey, said on Friday.
Top Democratic strategists told Politico that Platner could face pressure to drop out of the race if Mills receives a significant amount of votes.
Senate Minority Leader Chuck Schumer, the highest ranking Jewish elected official in the U.S., has so far continued to show support for Platner. After meeting with Platner last week in Washington, D.C., Schumer told reporters that defeating Collins remains a top priority for Democrats seeking to reclaim power in the Senate.
The likely result is a question Democrats increasingly cannot avoid: If Platner wins Tuesday as expected, how much longer can national Democrats continue treating him as their standard-bearer and excuse conduct they would condemn in a Republican candidate? Jewish Democratic organizations, having already distanced themselves from Platner, will also have to decide how to respond if he becomes the party’s nominee, as other nominees are also coming under scrutiny for past remarks and associations with antisemitic influencers.
House Minority Leader Hakeem Jeffries, in an interview Sunday on Fox News, was asked whether he’s concerned that his party “has an antisemitism problem,” citing Platner’s rhetoric and that of other Democratic candidates.
Platner is “going to have to speak for himself, and that’s what any candidate, particularly in a high-profile race, is going to be called upon to do,” Jeffries said. He added that the effort to crush antisemitism is an “American issue” and shouldn’t be a partisan issue. “It can’t be a red or blue issue. It’s a red, white, and blue issue.”
The post Maine Democrats are poised to nominate Graham Platner, as Jewish Democrats withhold support appeared first on The Forward.
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Some Jewish Republicans say Tucker Carlson is no longer a threat. Others worry he’ll run for president.
(JTA) — At the Republican Jewish Coalition’s annual gala last November, much of the discussion centered around right-wing antisemitism. Texas Sen. Ted Cruz warned that there was “an existential crisis in our party” as figures such as Tucker Carlson, Candace Owens and Nick Fuentes built their online audiences, while right-wing firebrand Rep. Randy Fine of Florida slammed Carlson as an antisemite.
At the RJC’s “America 250” gala six months later, the mood was cheerier, and the cautionary words gave way to declarations that emerging antisemitism on the right was being dealt with properly.
Fine reminded the audience at the RJC event held in Manhattan on Sunday that in his speech to the RJC in November, he’d called Carlson “the most dangerous antisemite in America.” Now, he said, “I don’t know that that’s true anymore.”
Fine and other Republicans at the RJC gala told the Jewish Telegraphic Agency that enough Republicans had spoken out against Carlson – most significantly, President Donald Trump – and his ilk to damage their image and dampen the threat they might pose. They also pointed to major GOP critics of Israel who had lost their seats in recent months.
But others have warned that it’s a mistake to celebrate too soon, or think Carlson’s star has really faded, especially amid speculation that he might launch a presidential run as a Republican.
Fine told JTA in a text that he now believes the country’s “most dangerous antisemite” is Zohran Mamdani, New York City’s anti-Zionist mayor. In contrast, he said, Carlson’s impact had only plummeted in the past half-year.
“I think that brand has been destroyed [in] the last six months,” he wrote, attributing the change to politicians like himself calling Carlson out, as well as “the damage he has done to himself.”
A number of speakers at the RJC who lauded Republicans’ response to antisemitism in the party also pointed to the recent primary defeat of outspoken Israel critic Kentucky Rep. Thomas Massie. Brooks said to loud applause that the group spent $5 million in that race, and called the effort “a fight worth having and a victory worth celebrating.”
Speakers also recounted the resignation from Congress of Marjorie Taylor Greene in January, maintaining that the Republican Party is squashing its anti-Israel voices, while the Democratic Party is electing them.
“Being anti-Israel in today’s Republican Party is not — unlike the Democratic Party — a path to success,” said RJC CEO Matt Brooks during his remarks. Brooks later told JTA that Carlson, Owens and Fuentes’ “influence and credibility is less than it’s ever been” and that “they don’t represent” the mainstream of the MAGA movement.
But the Anti-Defamation League warned that it would be a mistake not to see the audience and impact of Carlson in particular as worthy of continued concern.
Oren Segal, the ADL’s vice president of counterextremism and intelligence, said in an interview with JTA that his organization’s biggest worry regarding Carlson is “not merely his relationship with any conservative or elected officials” but also the “normalization” of his views.
Segal pointed to the accusation that an Israeli attack on an American spy ship during the 1967 Six-Day War was intentional — used by conspiracy theorists as proof that the Jewish state cannot be trusted — despite U.S. investigations determining that it was a mistake.
“No one’s been a bigger boon to the USS Liberty Conspiracy of late than Tucker Carlson,” he said.
Segal added that it would be “absurd” to count out anyone as a potential presidential contender, while several political observers have speculated that Carlson may be weighing a run.
New York University professor Scott Galloway recently said on his New York Magazine podcast “Pivot” that the former Fox News host could be a serious contender. There is an “enormous lane,” he assessed, for a candidate who, like Carlson, has “very conservative values, an enormous media platform, an enormous army of acolytes that he could weaponize right away, and is anti-Trump and anti-the war on Iran.”
Some of Carlson’s allies are gunning for a campaign. Speaking Thursday on Russian state television during a trip to St. Petersburg, Owens said she personally did not plan to run for office but said Carlson would be a great candidate for president.
“I would love for him to run,” she said, adding, “I would gratefully get behind someone like Tucker Carlson.”
Back in March, TV host Piers Morgan asked Carlson whether he has White House ambitions. Carlson said that politics is “not what I do,” adding, “The whole idea of, ‘I’ve been a successful cable news host, I should be president!’ — that whole way of thinking is disgusting to me.”
Asked about the possibility of Carlson running for president, Brooks told JTA in a statement that the RJC would continue to push back against Carlson and similar anti-Israel figures.
“There is only one party where American Jews can be proudly pro-Israel, and it is the Republican Party — and those who imperil that will have to come through the RJC first,” Brooks said.
Others who attended Sunday’s RJC gathering felt the possibility of a Carlson candidacy was overblown. Shabbos Kestenbaum, a prominent Jewish conservative activist who sued Harvard University over alleged antisemitism, dismissed concerns that Carlson could be a serious presidential candidate.
In an interview, he pointed out that Carlson’s support of Massie and Ohio gubernatorial candidate Casey Putsch did not yield electoral success. Putsch, who has a history of dog whistling to neo-Nazis, received 17.5% of the vote in Ohio’s Republican gubernatorial primary. Unlike Massie, Carlson did not issue an endorsement for Putsch, but he did host Putsch on his podcast last year.
“His endorsements mean absolutely nothing, and outside of the ‘Podcastistan’ universe, his words carry very little weight,” Kestenbaum said of Carlson.
Brooks said in an interview with JTA that he feels “very pleased” with how the party has responded to voices like Carlson’s. President Donald Trump has publicly cast Carlson aside since his former ally sharpened his objections to the administration’s war in Iran.
“It’s been marginalized,” Brooks said of the party’s anti-Israel wing. “They tried to hijack the term MAGA. Groups like ours, but equally important, the president, has made it clear they are not MAGA.”
Asked about Vice President JD Vance, who has not offered a condemnation of Carlson to some Jewish Republicans’ chagrin, Brooks said, “When you have the president speaking, that’s the voice that matters right now.”
This article originally appeared on JTA.org.
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