Jewish Opposition to Execution of DC Israeli Embassy Shooter

We, the nearly 4,000 members of “L’chaim! Jews Against the Death Penalty,” call upon U.S. Attorney for D.C. Jeanine Pirro and U.S. Attorney General Pam Bondi not to pursue the death penalty for 30-year-old Elias Rodriguez for his murder of Israeli Embassy staffers Sarah Milgrim and Yaron Lischinsky outside the Capital Jewish Museum in Washington, D.C. on May 21. We likewise firmly and unequivocally reject the letter signed by 15 (of the 120 total) members of the Israeli Knesset asking the U.S. government to pursue this barbaric form of “justice.”

Let there be no doubt: we are profoundly distressed by the blatantly antisemitic and terrorist attacks that Elias Rodriguez perpetrated. Our hearts and prayers extend to the beloved neshamot/souls of Yaron Lischinsky and Sarah Milgrim – Zichronam Livracha, of blessed memories. May their loved ones be comforted, and may their inspiring lives and abiding spirits be loving guides for us all now.

A death sentence for Mr. Rodriguez will only increase his platform for espousing hatred, making him a martyr to those who think like him, thus inspiring more violence. This reality is just one of the reasons we oppose the death penalty in all cases, but especially for killers with political motivations. Death by incarceration is a sentence that we know will hold him accountable and severely punish him for his heinous, shameless actions.

We follow the guidance of Holocaust survivor and death penalty abolitionist Elie Wiesel, who famously said about capital punishment: ‘Death is not the answer.’” By the end of his life, Wiesel expressed this unconditionally, clearly stating:  “With every cell of my being and with every fiber of my memory, I oppose the death penalty in all forms. I do not believe any civilized society should be at the service of death. I don’t think it’s human to become an agent of the angel of death.”

For members of L’chaim, this stance applies universally; there are no exceptions. It encompasses Nazi perpetrators such as Adolph Hitler and Adolph Eichmann, the Hamas terrorists who attacked Israel on October 7th, the infamous Pittsburgh Tree of Life Synagogue shooter Robert Bowers, the antisemitic murderers of Rabbi Zvi Kogan earlier this year in the United Arab Emirates, and, now, Elias Rodriguez in this awful case.

As with any murder, we never would claim to speak for victims’ loved ones. I have served as a hospital and community chaplain for years. I regularly counsel mourners that they should feel permission to experience the whole gamut of human emotion while grieving, including rage where appropriate and even the desire for vengeance where applicable. Let no one ever judge anyone in such a position. If I ever were to lose a loved one to murder, I could very well find myself desiring — and perhaps even advocating for — the death of my loved one’s killer. A civilized society is responsible for protecting and honoring all such mourners while also upholding the most basic human rights upon which this world stands. Fundamental to these, of course, is the right to life itself. For this reason, 70% of the world’s nations have abolished the death penalty in law and practice.

Let there be no doubt: traditional Jewish law allows for capital punishment, albeit with prodigious safeguards. Let us recall the words of some of the loftiest rabbinic voices: Rabbi Eliezer ben Azariah, Rabbi Tarfon, and Rabbi Akiva, as found in the Talmud, Makkot 7a: “A Sanhedrin [Rabbinic court] that affects an execution once in seven years, is branded a destructive tribunal. Rabbi Eliezer ben Azariah says: once in 70 years. Rabbi Tarfon and Rabbi Akiva say: Were we members of a Sanhedrin, no person would ever be put to death. [Thereupon] Rabban Simeon ben Gamaliel remarked: they would also multiply shedders of blood in Israel!” Rabban Simeon ben Gamaliel and those supporting his view were citing the notion of deterrence and other now antiquated notions of “justice.” We certainly can forgive their misinformed opinions that reflected the understanding of their times, including when it comes to deterrence. These sages were not privy to modern meta-studies that have found no meaningful evidence that the use of the death penalty deters crime in any way. For this reason alone, most traditional Jewish arguments for the death penalty no longer apply in our world. Those above 15 Israeli MK signatories who asked US officials for “justice” in the form of state killings would do well to remember this fact.

But there is more that all Jews must realize in the wake of the Holocaust and the events of the 20th century.

Many of the members of “L’chaim! Jews Against the Death Penalty,” including this author, are direct descendants of Holocaust victims and survivors. We know more than most that capital punishment differs entirely from the Shoah. And yet, for many L’chaim members, the shadow of the Holocaust is inextricably linked to their rejection of the death penalty in all cases.

The most common form of execution used by the U.S. federal government and multiple states is lethal injection. Were the government to execute Elias Rodriguez today, it would be via this method, which is a direct Nazi legacy, first implemented by the Third Reich as part of their infamous Aktion T4 protocol to kill people deemed “unworthy of life.” Dr. Karl Brandt, Adolf Hitler’s personal physician, devised that program. If this were not enough, across the USA, more and more states are erecting gas chambers, including one in Arizona that uses Zyklon B, the same lethal gas used in Auschwitz. Alabama and Louisiana already put their prisoners to death with nitrogen gas, with more states eager to follow their lead. No Jewish argument about the death penalty in the 21st century should ignore these proven, direct Nazi legacies against which the members of L’chaim! firmly repeat, “NEVER AGAIN to state-sponsored murder!” For these reasons and more, L’chaim members view the death penalty as one of the worst kinds of institutionalized evils that stain the United States, Israel, or any nation that seeks to employ it.

Rather than responding with more killing, we can and should honor the inspiring, peace-loving legacies of Sarah Milgrim and Yaron Lischinsky by making life-affirming decisions as we attempt to move forward. Among these should be choosing life by not executing Elias Rodriguez or anyone else. We must end the cycle of violence – not perpetuate it. And so, in the wake of this unspeakable tragedy, we again respond by chanting with mournful hearts and renewed vigor: “L’chaim – to Life!”

Cantor Michael J. Zoosman, MSM

Board Certified Chaplain – Ohalah: Association of Rabbis and Cantors for Jewish Renewal

Co-Founder –  L’chaim! Jews Against the Death Penalty

Advisory Committee Member –  Death Penalty Action