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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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Majority of House Democrats vote to defeat Lebanon war powers measure
(JTA) — A House resolution aimed at preventing U.S. involvement in hostilities in Lebanon failed Thursday.
Rep. Rashida Tlaib, a Michigan Democrat and fierce critic of Israel, forced a vote on the House floor Thursday. It was defeated 324 to 92, with 91 Democrats voting in favor. The sole Republican vote came from Kentucky Rep. Thomas Massie, who will be departing Congress next year after losing his primary.
The resolution, which would have ordered President Donald Trump to remove U.S. troops from Lebanon within seven days, was defeated after Democratic Party leaders noted in a joint statement that there are “no U.S. servicemembers involved in combat operations or hostilities in Lebanon.”
The statement issued by House Minority Leader Hakeem Jeffries, Minority Whip Katherine Clark and Caucus Chair Pete Aguilar continued: “We stand with the Lebanese people, the government of Lebanon and the Lebanese Armed Forces in their efforts to live peacefully and defeat Hezbollah, a violent terrorist organization that is a sworn enemy of the United States.”
Jewish Democratic Reps. Jerrold Nadler and Dan Goldman of New York also voted “no” on the resolution, writing in a joint press release that their opposition “should not be taken as an approval of Prime Minister Netanyahu’s prosecution of Israel’s military action in Lebanon.”
“To the extent that American armed forces are present in Lebanon, it is to support the current Lebanese government, which deserves our assistance,” the statement continued.
But Tlaib defended her resolution in a post on X Thursday ahead of the vote. “The people of Lebanon can’t wait another month for Congress to act,” Tlaib wrote. “Every day that we do nothing, 11 more Lebanese children are killed or injured by the Israeli military in this U.S.-supported invasion. Congress must pass today’s Lebanon War Powers Resolution.”
Tlaib was citing a UNICEF report of data from Lebanon’s Ministry of Public Health last month that found 77 children in Lebanon had been killed over the course of a week as Israeli strikes continued to pummel the country.
Some of those who opposed Tlaib’s resolution, including Nadler and Goldman, said they would vote for an alternative version of the resolution that would preserve cooperation with the Lebanese Armed Forces in their fight against Hezbollah.
The defeat of the resolution came the same day that Hezbollah rejected the latest ceasefire agreement brokered between Israel and Lebanon, as fighting between the Iranian proxy and Israel has intensified in recent weeks.
On Wednesday, the House narrowly passed a resolution for the first time that would limit President Donald Trump’s power to continue the war in Iran. While the development was largely symbolic, it marked a rebuke of the president’s increasingly unpopular strategy in Iran.
On Friday, 85 members of Congress also signed onto a letter to Secretary of State Marco Rubio calling on the Trump administration to “use every available diplomatic tool to halt imminent settlement construction in the E-1 area of the West Bank,” a corridor east of Jerusalem.
Citing Israeli Finance Minister Bezalel Smotrich’s orders to demolish a Palestinian Bedouin village in the West Bank last month, the letter, which was led by Democratic Reps. Mark Pocan and Jan Schakowsky, who is Jewish, argued that the issue of settlements in the area had reached a “critical and final inflection point.”
“The window for meaningful diplomatic intervention is closing rapidly, and we believe it is not too late for the United States to act,” read the letter, which was also signed by Nadler and Jewish Tennessee Rep. Steve Cohen.
This article originally appeared on JTA.org.
The post Majority of House Democrats vote to defeat Lebanon war powers measure appeared first on The Forward.
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After years of hostile relations with Israel, Slovenia’s new prime minister signals diplomatic reset
(JTA) — Less than an hour after Slovenia’s newly elected prime minister, Janez Janša, was sworn into office by the country’s parliament, he had the Palestinian flag lowered from a government building.
The move marked the first step in a sharp reorientation of Slovenia’s posture towards Israel under Janša. The right-leaning prime minister, who previously held office in 2022, replaced a prime minister for the liberal Freedom Movement party.
Israeli Foreign Minister Gideon Saar announced on Thursday that Israel would open its first-ever embassy in Ljubljana, Slovenia’s capital, writing in a post on X that the move was a statement of “friendship, dialogue, and a shared belief in freedom, democracy, and security.”
“The election of Prime Minister @JJansaSDS marks a new chapter in relations between Israel and Slovenia,” Saar wrote. “After years of the hostility of the previous government- we now have an opportunity to rebuild, strengthen, and deepen a real partnership.”
Saar wrote in another post on X that he had spoken with Tone Kajzer, who was appointed as Slovenia’s minister of foreign affairs under the new administration, and that he had “pledged all the assistance necessary” to ensure the “swift establishment” of the embassy.
Janša replied to Saar’s post Thursday, writing, “Welcome to Ljubljana. 🇸🇮🇮🇱Looking forward to a new era in Slovenia-Israel relations.”
Under Slovenia’s outgoing prime minister, Robert Golob, the country voted to recognize a Palestinian state in June 2024 and became one of the few European Union countries to label Israel’s war in Gaza a “genocide,” a charge Israel firmly rejects. It was one of five nations to boycott the Eurovision song contest this year over Israel’s participation.
Last year, Slovenia also became the first EU country to impose a travel ban on Israeli Prime Minister Benjamin Netanyahu, as well as far-right ministers Itamar Ben Gvir and Bezalel Smotrich.
For the country’s Jewish population, which numbers just 100, the spate of anti-Israel measures adopted by the former government contributed to a growing sense of isolation in the country.
But now, Janša, an admirer of President Donald Trump and an ally of former Hungarian Prime Minister Viktor Orbán, appears eager to reset relations with Israel.
On Friday, days after an Israeli passenger plane was denied entry to the country by Slovenian authorities in a protest against the Israeli government, Slovenian politician Jernej Vrtovec announced that the airline Israir had “once again been granted authorization to operate flights between Tel Aviv and Ljubljana.”
“The time has come for a responsible Slovenian 🇸🇮foreign policy based on facts, Slovenian national interests and international law,” Janša wrote in a post on X. He added that the “politically and economically harmful period of government support for activist anti-Semitism” had ended.
This article originally appeared on JTA.org.
The post After years of hostile relations with Israel, Slovenia’s new prime minister signals diplomatic reset appeared first on The Forward.
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Israel gives in to the politics of debasement
A small episode this week crystallized the broader pathology of Israeli Prime Minister Benjamin Netayahu more clearly than any grand speech or ideological argument ever could: the Knesset vote for state comptroller, one of the most sensitive institutional positions in Israeli public life.
In Israel, the 120 members of the Knesset elect the comptroller by secret ballot. The office audits government ministries, investigates failures of governance, oversees public integrity, and possesses enormous influence over public accountability. In the aftermath of the Hamas attack of Oct. 7, 2023, and the Gaza war, the role carries even greater significance. The comptroller may shape future investigations into catastrophic national failures and wartime decision-making.
This week — in a move straight out of United States President Donald Trump’s playbook — Netanyahu nominated his longtime personal lawyer, Michael Rabello, for the role.
Historically, the comptroller’s office has been occupied by senior judges, jurists, or respected public servants with reputations for independence. Figures such as Miriam Ben-Porat, Eliezer Goldberg, and Micha Lindenstrauss embodied a certain ethos: they were stern institutional guardians standing somewhat above partisan warfare.
The idea of placing the prime minister’s own attorney into the country’s central oversight institution struck many Israelis as grotesquely inappropriate.
Yet the truly astonishing part came during the voting itself, in which the opposition candidate was a former justice on the Supreme Court — an institution Netanyahu’s coalition has long vilified. The first round reportedly revealed substantial defections among Netanyahu’s coalition. His preferred candidate fell short. Panic spread.
Suddenly, allegations and reports emerged that coalition lawmakers were being encouraged to photograph or film their ballots in order to prove their loyalty. There was a pause in the proceedings as the Knesset speaker, Likud’s Amir Ohana, received legal advice to not allow phones in the voting area. He restarted the vote anyway. Israeli media filled with coalition lawmakers posting images of themselves voting the right way. The images and reports were the excruciating stuff of banana republics.
I cannot recall ever seeing a similar scene in a functioning democracy. Rabello was elected.
Secret ballots exist precisely because democracies understand that free voting collapses when superiors can verify obedience. The entire purpose of ballot secrecy is to protect individuals from coercion, intimidation, retaliation and patronage systems.
Modern democracies adopted secret ballots in the nineteenth century to break the power of bosses, landlords, oligarchs, and political machines that demanded proof of loyalty.
The blatant violation of these norms by Netanyahu’s coalition helps explain why so many Israelis react to him not merely with opposition, but with exhaustion, fury, and moral revulsion.
It’s not just the corruption trials, the permanent manipulation, the serial falsehoods, the failed strategic assumptions about Hamas, the relentless cultivation of tribal resentment, the attacks on state institutions, the politics of personal loyalty and the transformation of every disagreement into an existential struggle between patriots and traitors. It’s the cumulative exhaustion of watching every institutional norm eventually be subordinated to the most vulgar politics imaginable.
The episode revealed something larger than one parliamentary scandal: the culture Netanyahu has spent years cultivating. It is a system organized increasingly around personal allegiance rather than institutional responsibility. A political environment in which independent judgment becomes suspicious, dissent becomes betrayal, and every institution gradually bends toward one man’s political ambition.
So we have here a prime minister under criminal indictment pushing his own lawyer into a top civil service oversight role.
Opposition leaders Naftali Bennett and Yair Lapid plan to appeal Rabello’s election to the Supreme Court, calling the vote “tainted.” Even that might not work. Several government ministers, including the justice minister, have suggested in recent months that they no longer consider court decisions binding.
And that is what outsiders often miss about Netanyahu fatigue in Israel. The anger does not emerge from one scandal, one trial, one war, or one speech. It comes from the constant sense of humiliation. This week, inside Knesset voting booths that were meant to be hidden from view, Israelis saw the whole story compressed into a single degrading scene.
The post Israel gives in to the politics of debasement appeared first on The Forward.
