Washington – An order list released this morning by the Supreme Court detailing which cases would be heard during its upcoming term did not include the Rubashkin case, leaving many wondering what that omission might mean.
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“Nothing can be determined at this point in time,” Rubashkin’s lawyer, attorney Nathan Lewin told VIN News. “The court practice is that the judges come back from the summer, have a secret conference, and they list the cases they agree to hear. They will come back on Monday and only then will we find out what this means for our case.”
The fact that the Rubashkin case did not appear on today’s order list does not mean the case was denied. A list of all cases that have been denied will be posted by the Supreme Court on Monday.
According to Lewin, if the case was not denied, there are two other potential outcomes.
“There are cases that the Supreme Court sets aside in order for further study,” explained Lewin. “It could be that the case is being looked into more closely or that the judges want to hear more details. In that case, a determination could be made on Monday or at some future point in the future.”
A list of cases being considered for further review will be made available on Monday.
Alternately, the Supreme Court may decide not to hear the case, deciding instead to write a short opinion indicating that the court of appeals needs to revisit the issue of Judge Linda Reade’s involvement with prosecutors, a question that to date, the court of appeals has categorically refused to consider.
“That is our main procedural question,” said Lewin. “The only issue that can be raised after a trial based on newly discovered evidence is whether or not a defendant is innocent, not whether or not the judge in a case was unfair. The Supreme Court may not want to take the case because of the obvious mistake that was made here.”
At best, it seems that SCOTUS might remand the case back to the circuit court to address the Reade issue but I’m not optimistic about that either.
Looks like his yom ha’din will be in human court as well.
If, G-d forbid, this turns out to be against American moral values, ‘One Nation Under G-d, …etc.” Then we’ll have to have a huge demonstration in Washington and confrontation with local politicians…etc.
Count me in!
Why should this country be 7th in administering justice? Why should this country trample on ‘The 7 Noahide Laws?’ Why must this country become another ‘thorn in HaShem’s side’ so that HE wants to bring another ‘911?’
Hopefully after all the Tefillos of those in Klal Yiroel that have him in mind by Shemonei Esrei and by Ovinu Malkeinu on our most Holiest day of the year we will have the zechus of helping with his immediate release. Hope he will eventually get through with his time already served. Let’s hope for good news to come on Monday and the final good news to come thereafter.
My heart goes out for his immediate family as well as to his Chashuve parents.
Rubashkin never had a chance with the supreme court. All the money that gullible people have been giving him could have gone to far more deserving causes.
Today is erev Yom Kippur. So I humbly suggest that we all take a lesson from the Rubashkin tragedy and do our best to be honest in our business dealings with Jews and non-Jews alike. We can then be confident that when we are asked נתת ונשאת באמונה, we can give the answer that Hashem wants to hear.
Don’t let our children learn from this tragedy that even if you lie and cheat the community will support you.
First the Green Bay Packers lose an unfair judged game. Now, the Supreme Court messes up another big case. I hope my Yom Hadin goes smoothly.
It would appear that Mr. Rubashkin had his Yom Hadin in Shamayim, and this was the result. He can always appeal every year, but, for now, we are thankful that his ‘punishment’ was not worse.
At the very least, this is a wake up call to Klal Yisroel to be fair in dealing with both Jew and goy, not to take shortcuts in Kashrus , and not to go against dina d’malchusa. Moshiach will come a lot quicker if we follow these rules and keep the chillul Hashem down to a minimum,
(reply to 6 10 11) sounds like you come from beis din , and you are close allies in the beis din shomoyim and you know what’s lacking from klal Yisruel.
I am in law school I spoke with a lot of law professionals about this case,nobody who know law was looking on this case as a crime rather as some one not capabil running such a big busines,it’s a shame to find in our community so many self hating jews may hashem fill our hearts with love to him and to every Jew.
to #6 , 10, 11, 16, 18, 19
Shame on you! have you no decency? Everyone – even that judge – agrees he has the right to appeal. Why do you have such a problem with it? And if he gets a reduction in his sentence as a result – why should that bother you? and why can’t you find it in your (bitter) hearts to root for the guy? Its motzei yom kippur, and all you can do is spew forth nastiness? really, look in the mirror.
Isn’t it obvious that no matter how hard we try get proper justice, we keep failing and we are always turned down in this case, that it points to a Gezera Milmaala which is A Siba Ruchnius which is causing justice to be denied.
It was suggested by great Gedolim, that this Gezera can be annulled if he asks Mechila by the Rab whom he snubbed, concerning the CHK Hechsher, where the Hechsher was given only by 1 Rav while the other opposed it but was ignored.
(Reply to 15)Mr Proffesor Could I check you’re credit card applications?
Clearly the case merits a revue of judicial misconduct by Judge Reade, but Shalom Rubashkin sealed his own fate with the manner in which Agriprocessors was run. But before you all go congratulating yourselves: The facts remain that he oversaw a business that employed over 300 illegals including minors, and falsified records to defraud his bankers. Just because the govt. dismissed the charges regarding the illegals doesn’t mean that he is innocent of those charges. The govt said that it would be a waste of time and money to proceed on those counts when the bank fraud charges were a certain conviction anyway. And being acquitted of employing the illegal minors also does not mean that they were not employed there. It only means that the govt didn’t prove that he had first hand knowledge of their employment.
Regardless of how charitable the Rubashkins may be, they should be shunned by the Jewish community for creating such a Chilul HaShem at Agriprocessors. Gentiles are convinced that all Jewish businesses are run this way; and many Jews don’t want to support Kosher businesses because they now think that Kashrut means wanton disregard for the law. It’s a total disgrace.
(reply to 33)I think the chilul hashem comes from Foward, Failed massiah ,and the Conservative rabbis who started terrorizing a big orthodox jewish business,that was flourishing, as well as union teams and others who are not letting people to have success,i think if this story would happen to just someone in america not a orthodox you all would think different
we have left another big day HOSHANA RABBA Lets all pray for his freedom.
(reply to 36)Regarding the mistreating of the workers,funny enough when you speak with the workers (Jewish and non Jewish )and if you will look into the testimony you will hear another story,you will hear about a boss that treated his workers nicely everybody liked him he was a very loved boss.
Regarding kashrut i know there was a very strong hechsher from the KAJ and he listened to everything they told him go speak to the headquarters in KAJ they are only saying good things.
The comparising to Madoff I don’t think you really mean to compare his fraud to Madoff,if you really mean it then I really can’t argue with you.
(reply to 36)true there are a lot of people that are not nizhur in Dina dmalchisa , from the other side there are a lot of people who are only nizhur in that and besides of that If something is legal by the gov it’s just enough for them and It does not have to be approved by the Torah I would call people like that nice honest people but non Jewish) .
And by the way the Dina dmalchisa paskent