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Postville, IA - Rubashkin Attorney Wants Raid Evidence Excluded |
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Jim Clarity argues that the raid violated the constitutional rights of every worker arrested during the operation, because agents used an administrative warrant to enter the slaughterhouse “for the purpose of prosecuting them criminally.”
Agents also detained and questioned all Hispanic workers “without a reasonable, articulable suspicion that any particular worker was an illegal alien,” Clarity wrote in the motion to suppress evidence.
Clarity argued that the warrants, which targeted 697 “John Doe” and “Jane Doe” workers, were invalid because they did not properly identify the person to be arrested and were not backed by probable cause.
“Based on all of these errors, all of the evidence flowing from the arrests on May 12, 2008 should be excluded at trial,” Clarity wrote.
A spokesman for the U.S. Attorney’s office in Cedar Rapids did not immediately respond to a message.
Prosecutors have said the plant’s plight was caused not by the raid, but managers who attracted and employed the illegal work force.
Agriprocessors was the size of an enormous immigration raid last year that led to the arrest of 389 immigrant workers. The raid destabilized the plant, which has since filed for Chapter 11 bankruptcy protection, and led to immigration and bank-fraud charges against several top managers.
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Read Comments (16) — Post Yours »
1
Jun 16, 2009 at 04:40 PM yehudala Says:
My hard earned tax moneys for this ?-outrageous - close the borders I'm in America already ! Good evenings Americans!
2
Jun 16, 2009 at 04:37 PM Mordechai Says:
We're davening for you, Shalom Mordechai!
3
Jun 16, 2009 at 05:25 PM Anonymous Says:
slowly they will dismantle this case piece by piece ...i only hope that the bank charges can also be dismissed
4
Jun 16, 2009 at 10:00 PM matzahlocal101 Says:
The original complaint shows that the main informant (informant #7) was turned away a half dozen times because he didn't have a valid SSN. He was employed only after furnishing an ICE supplied SSN. The complaint also alleges drug manufacturing and weapons dealings but after the rais not one single word was heard about that. The DEA was not among 11 agencies participating in the raid showing that however made the allegations in the complaint knew they were false to begin with.
5
Jun 16, 2009 at 10:48 PM kingsley the chuchem Says:
Gentlemen and rebbetzins--- As the convictions of all these illegals were overturned by the US Supreme Court to the point that now some of them are returning to work in the US, the charges associated with these people against Rubashkin should be dismissed. The US prosecutors entered approx 74 NEW CHARGES AFTER the majority of original charges were dismissed.
That is not to say that there are not other separate charges but these herein were a definite sham and his attys are correct regarding this request,.
6
Jun 17, 2009 at 05:43 AM Hates a Cover Up Says:
Even if they can't make these charges stick due to legal loopholes, it is clear to all with half a brain, that though the Rubashkins may be wonderful people, something happened in Iowa where they did misbehave enormously.
I will be very happy if Sholom Mordechai is spared the agony of prison, BUT.... will not be happy with some aspects of it all. Far too many are burying their heads in the sand making believe that nothing wrong happened in Iowa. This itself is a disgrace to us all. We all are furious about the thought of covering up pedophilia crimes, but many of the same people would like to see this covered up.
The Disgrace in Iowa has caused many to lose respect for shechita and for kashrus in general. It damaged us all, not only the Rubashkin family. It caused many to lose respect for, and trust in, the OU as well as MMW.
On the other hand, maybe it helped some of us, since we became more aware of the troubles associated with all this out-of-town shchita. I myself have cut my meat consumption to only a minimum amount, and will not longer trust "far away" shechita, whether it comes from Iowa or other countries. What does all the AGRI stuff have to do with kashrus? Believability and trust. I will not trust anyone for kashrus who will scam banks, issue false IDs, etc., You may believe nothing happened, I know, you also believed OJ was innocent, and Clinton was only showing Monica his scar.
So, bottom line, let's all daven that Sholom Mordechai can avoid prison, as that is a horrible thing for any Yid to face, and especially for his family to be put through, but let us not bury our heads in the sand. Wrongs were done. All was not perfect in Iowa.
7
Jun 17, 2009 at 05:39 AM Anonymous Says:
There is no Torah concept of criminal charges vs civil warrant. Rubashkin is a chareidi and professes to have a higher standard of menshleshkeit that the rest of the oilem.
What does that mean? From a Torah perspective, that he is still responsible for his actions, regardless of what the government says. That means that bankruptcy does not make him patur from paying his workers and creditors.
He does not go to jail? Good for him and his family. He still has to pay for what he did. Else, he has a lot of explaining to do after 120 years.
8
Jun 17, 2009 at 12:15 AM Anonymous Says:
its a tremendous chilul hashem for frum jews to even be accused of the crimes they are beind accused of & our job is to conduct ourselves in a way that leaves no room for such accusations. post facto all of klal yisroel would be better off keeping the issue as quiet as possible not to cause any more chilul hashem while at the same time continuing to daven for them that they win the case (and for all you hatemongers, even if you're choshaid they really did some of the crimes you can also daven that they be chozer beteshuvah) but enough talking about this publicly, it does no good for our reputation & as jews we have to have a good one so as to be mekadesh hashem..
9
Jun 17, 2009 at 02:15 PM Milhouse Says:
“ Even if they can't make these charges stick due to legal loopholes, it is clear to all with half a brain, that though the Rubashkins may be wonderful people, something happened in Iowa where they did misbehave enormously.
I will be very happy if Sholom Mordechai is spared the agony of prison, BUT.... will not be happy with some aspects of it all. Far too many are burying their heads in the sand making believe that nothing wrong happened in Iowa. This itself is a disgrace to us all. We all are furious about the thought of covering up pedophilia crimes, but many of the same people would like to see this covered up.
The Disgrace in Iowa has caused many to lose respect for shechita and for kashrus in general. It damaged us all, not only the Rubashkin family. It caused many to lose respect for, and trust in, the OU as well as MMW.
On the other hand, maybe it helped some of us, since we became more aware of the troubles associated with all this out-of-town shchita. I myself have cut my meat consumption to only a minimum amount, and will not longer trust "far away" shechita, whether it comes from Iowa or other countries. What does all the AGRI stuff have to do with kashrus? Believability and trust. I will not trust anyone for kashrus who will scam banks, issue false IDs, etc., You may believe nothing happened, I know, you also believed OJ was innocent, and Clinton was only showing Monica his scar.
So, bottom line, let's all daven that Sholom Mordechai can avoid prison, as that is a horrible thing for any Yid to face, and especially for his family to be put through, but let us not bury our heads in the sand. Wrongs were done. All was not perfect in Iowa.
”
We have no obligation to give OJ or Clinton the benefit of any doubt. We do have that obligation to a yid. In any case, the main charges are not anything to be ashamed of; they're not averos, even if they are illegal. So where's the disgrace?
10
Jun 17, 2009 at 02:13 PM Milhouse Says:
“ There is no Torah concept of criminal charges vs civil warrant. Rubashkin is a chareidi and professes to have a higher standard of menshleshkeit that the rest of the oilem.
What does that mean? From a Torah perspective, that he is still responsible for his actions, regardless of what the government says. That means that bankruptcy does not make him patur from paying his workers and creditors.
He does not go to jail? Good for him and his family. He still has to pay for what he did. Else, he has a lot of explaining to do after 120 years. ”
They lent to a company, not to him personally. They took the risk that the business would fail and not be able to pay. So why should he pay the company's debts?
11
Jun 17, 2009 at 06:55 PM Anonymous Says:
“ Even if they can't make these charges stick due to legal loopholes, it is clear to all with half a brain, that though the Rubashkins may be wonderful people, something happened in Iowa where they did misbehave enormously.
I will be very happy if Sholom Mordechai is spared the agony of prison, BUT.... will not be happy with some aspects of it all. Far too many are burying their heads in the sand making believe that nothing wrong happened in Iowa. This itself is a disgrace to us all. We all are furious about the thought of covering up pedophilia crimes, but many of the same people would like to see this covered up.
The Disgrace in Iowa has caused many to lose respect for shechita and for kashrus in general. It damaged us all, not only the Rubashkin family. It caused many to lose respect for, and trust in, the OU as well as MMW.
On the other hand, maybe it helped some of us, since we became more aware of the troubles associated with all this out-of-town shchita. I myself have cut my meat consumption to only a minimum amount, and will not longer trust "far away" shechita, whether it comes from Iowa or other countries. What does all the AGRI stuff have to do with kashrus? Believability and trust. I will not trust anyone for kashrus who will scam banks, issue false IDs, etc., You may believe nothing happened, I know, you also believed OJ was innocent, and Clinton was only showing Monica his scar.
So, bottom line, let's all daven that Sholom Mordechai can avoid prison, as that is a horrible thing for any Yid to face, and especially for his family to be put through, but let us not bury our heads in the sand. Wrongs were done. All was not perfect in Iowa.
”
You make no sense whatsoever. The statements you made have nothing to do with Rubashkin's case. You have so little understanding about this case and the legal system. FYI, the shchita has not compremised in any way. The Rabbanim, Shochtim and Mashgichim are very credible and are talmidai chachomim. I have first hand knowledge. I personally toured the Agri plant a few years ago.
12
Jun 18, 2009 at 05:44 AM . Says:
“ They lent to a company, not to him personally. They took the risk that the business would fail and not be able to pay. So why should he pay the company's debts? ”
There is no Torah concept of corporations and limited liability. They lent money to Rubashkin on his say so that he will pay them back. Is that what you say to the shochtim and mashgichim that are owed thousands of dollars? He is not responsible because dina d;malchusa?
You cannot have it both ways. You cannot say that he can sheat the government, on one hand, and that he relies on the government protection, on the other hand.
You are creating a perverted view of Yiddishkeit that boggles the mind.
13
Jun 18, 2009 at 05:38 AM Anonymous Says:
“ We have no obligation to give OJ or Clinton the benefit of any doubt. We do have that obligation to a yid. In any case, the main charges are not anything to be ashamed of; they're not averos, even if they are illegal. So where's the disgrace? ”
OJ and Clinton are not frumer yidden. Rubashkin is. Do you want to hold Rubashkin to a Torah standard or to an American standard?
Your concept of cheating the government is wrong. It is an aveira. And Rubashkin was wrong in doing so.
The disgrace is that you are raising a generation of Lubavitch theives that feel no shame in cheating.
14
Jun 18, 2009 at 12:04 AM matzahlocal101 Says:
Just one more very significant fact. When ICE arrested 1300 illegals at Swift beef and pork on December 12, 2006 in operation wagon train, they did not file criminal charges against the 1300 illegals who did exactly what 389 arrested at agri did. They merely deported them. They did not file any criminal charges against the corporation or senior management. Two managers who were recorded telling illegals how to avoid capture were charged. This double standard for Jews does not bode well. My passport is current.
15
Jun 21, 2009 at 07:57 AM Milhouse Says:
“ There is no Torah concept of corporations and limited liability. They lent money to Rubashkin on his say so that he will pay them back. Is that what you say to the shochtim and mashgichim that are owed thousands of dollars? He is not responsible because dina d;malchusa?
You cannot have it both ways. You cannot say that he can sheat the government, on one hand, and that he relies on the government protection, on the other hand.
You are creating a perverted view of Yiddishkeit that boggles the mind. ”
It doesn't matter whether corporations and limited liability are a "Torah concept"; they exist, and they define the commercial environment, and the Torah recognises that. Nobody "lent money to Rubashkin on his say so that he will pay them back". They lent money to the corporation, in the full knowledge that if it went under they would not be paid. That was the understanding of the lenders and of the borrowers; therefore there is no reason at all why the Rubashkin family should be personally liable for Agriprocessor's debts. They never agreed to assume that responsibility, and there is no basis in halacha for imposing it on them.
16
Jun 21, 2009 at 07:58 AM Milhouse Says:
“ OJ and Clinton are not frumer yidden. Rubashkin is. Do you want to hold Rubashkin to a Torah standard or to an American standard?
Your concept of cheating the government is wrong. It is an aveira. And Rubashkin was wrong in doing so.
The disgrace is that you are raising a generation of Lubavitch theives that feel no shame in cheating. ”
I hold him to a Torah standard, and by that standard he did nothing wrong. Where is the avera?