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Washington - Justice Dept. Declines to Intervene in Rubashkin Case

Published on:   March 8, 2010 04:15 PM
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Washington - The U.S. Department of Justice declined to intervene in the case of a convicted kosher meat executive, despite a plea from several Orthodox rabbis.

In a letter last week to Rabbi Aron Raskin, and copied to several other rabbis active in this matter, the director of the Executive Office for United States Attorneys said the case involving Sholom Rubashkin case had been “fully litigated” and there was nothing more to be done.

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“Mr. Rubashkin has fully litigated the issue of whether detention pending sentencing is appropriate,” H. Marshall Jarrett wrote. “Both the district court and the Eighth Circuit Court of Appeals have determined that Mr. Rubashkin is a flight risk. We are sorry that we cannot be of further assistance in responding to your concerns.”

Read more at The JTA 


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Read Comments (38)  —  Post Yours »

1

 Mar 08, 2010 at 03:24 PM Anonymous Says:

why is he NOT a flight risk???

2

 Mar 08, 2010 at 03:36 PM Anonymous Says:

The last line of the article said -

"Sholom Rubashkin is a very religious man who has proposed that he be imprisoned pending his sentencing under 24-hour armed guard at his home, where he can engage fully in religious observances," said Rubashkin's lawyer, Nathan Lewin. "There is no basis in law and no reason to keep him in a local jail until he is sentenced in April"

This sounds like Gotti's lawyer speaking.

3

 Mar 08, 2010 at 03:37 PM Anonymous Says:

Afilu cherev chado munach al tzavoro, do not give up. We must daven for him, we must support him in any way possible.

4

 Mar 08, 2010 at 03:39 PM Anonymous Says:

What else can DOJ do? He has been convicted of multiple felonies under applicable law and his only defense was he was an ehrlich yid with no understanding that his actions were "illegal" or he didn't understand what others were doing. There are many truly innocent yiddin sitting in jail but the rabbonim seem to focus their energy on convicted murderers and ganovim.

5

 Mar 08, 2010 at 03:43 PM Anonymous Says:

That is what u get when u don't fork over Mondrowitz when the US effects an extradition request. Sorry, u loose.

6

 Mar 08, 2010 at 03:43 PM enough Says:

To all those who claim "anti-semitism:"
Rubashkin is not being treated any different than a goy would be who had done ALL OF THE SAME IDENTICAL THINGS Rubashkin DID. To cry anti-semitism is ignorant and childish. We as Jews are given so much freedom in the USA. So much freedom in fact, that we have the chutzpah to think we own the place and start breaking laws left right and center. I am pretty sure in prewar Europe the Yidden wouldn’t dare have the chutzpah to do the shtick we yidden do. Its only in America, where everyone is given so much freedom and so many rights that we feel safe enough to break laws without a cheshbon.

7

 Mar 08, 2010 at 03:46 PM Dave Says:

Convicted felon in prison pending sentencing.

Where is the news here?

The presumptive right to bail exists only prior to conviction.

8

 Mar 08, 2010 at 03:51 PM poshiter yid Says:

My heart goes out to reb SM and his family its almost two years since this whole thing started and has only gotten worse the town of postville is in shambles and the community is heart broken we wish the rubashkins hatzlach with everything may this all wash away in the spirit of adar amen!!

9

 Mar 08, 2010 at 03:54 PM Shaul in Monsey Says:

Reply to #1  
Anonymous Says:

why is he NOT a flight risk???

Because he is an honest man who would never do anything against the law.

10

 Mar 08, 2010 at 04:01 PM Shaul in Monsey Says:

Reply to #3  
Anonymous Says:

Afilu cherev chado munach al tzavoro, do not give up. We must daven for him, we must support him in any way possible.

Should we support all Jews who are in jail who claim they are innocent? Weingarten says he's innocent. Where is the letter writing campaign for him? He also has kids (even if he raped them).

The message to SMR is clear, and hopefully he has internet and can read this. You messed up, pal. You want to mitigate your jail time, get out with a little lead still left in your pencil? Show some remorse. Stop with all this nonsense about not knowing what you did. You lied to the bank to get lots of money. You knew what you were doing. If I know it, the judge knows it. So apologize, show some remorse, and hopefully you'll get a reasonable sentence.

This advice is the true rachmonis, not the apologists nebach cases who claim he's a victim. Those people are just buying SMR more time that he'll do, not them.

11

 Mar 08, 2010 at 04:04 PM Anonymous Says:

Why is the litvishe yated rubashkins biggest supporter? There are many frum prisoners who are not Lubavitch

12

 Mar 08, 2010 at 04:06 PM Anonymous Says:

The sooner he stops with these procedural motion and serves his sentence the sooner he will be back with his family. This only serves to prolong the agony and reminds the world of this busha.

13

 Mar 08, 2010 at 04:09 PM reponse to #8 Says:

The fact that the town is in shambles is their doing. Had they been doing totally honest business, the town would be thriving. Blaming the government is a waste of time. He's incarcerated as anyone would be under the circumstances. Those who went along with all that went on there are also responsible, but people often turn a blind eye when there's money involved.

14

 Mar 08, 2010 at 04:14 PM Anonymous Says:

Reply to #6  
enough Says:

To all those who claim "anti-semitism:"
Rubashkin is not being treated any different than a goy would be who had done ALL OF THE SAME IDENTICAL THINGS Rubashkin DID. To cry anti-semitism is ignorant and childish. We as Jews are given so much freedom in the USA. So much freedom in fact, that we have the chutzpah to think we own the place and start breaking laws left right and center. I am pretty sure in prewar Europe the Yidden wouldn’t dare have the chutzpah to do the shtick we yidden do. Its only in America, where everyone is given so much freedom and so many rights that we feel safe enough to break laws without a cheshbon.

nice to see some folks wisening up to reality and to the dirty little secret fact that the holocaust occured partialy due to yidden frum and not misbehaving and living ostentatiously in europe and treating the goyim like dirt.

15

 Mar 08, 2010 at 04:14 PM to # 6&1 Says:

Every word you release from you keyboard shows how little you know about the case. The reason they are holding him has nothing to do with paying for the crime, rather holding him so that he does not escape. They consider him a flight risk as he can run to Israel only because he is Jewish. If you hold somebody based on their race or religion would be called racist or anti semitic. It was recently noted that the judge in the case was also profoundly involved with the judicial planninig of the raid. Every legal expert admits that this case is not impartial.
so before you polute the internet with comments and a case that you know (at best) little about. Think!

16

 Mar 08, 2010 at 04:21 PM Anonymous Says:

Look, look. How quickly the ugly naysayers come creeping from behind the rock, reveling in another's misfortune.

17

 Mar 08, 2010 at 04:23 PM woodmere Says:

Reply to #12  
Anonymous Says:

The sooner he stops with these procedural motion and serves his sentence the sooner he will be back with his family. This only serves to prolong the agony and reminds the world of this busha.

You are 100% right... Rubashkin should speak to some people that went thru this hell that he is going thru.. They will confirm as to what you said...Like they say in Yiddish: men visht op, end men geit vatter.... unfortunately... The wife and children are the biggest Rachmunes

18

 Mar 08, 2010 at 05:01 PM Huh? Says:

Reply to #9  
Shaul in Monsey Says:

Because he is an honest man who would never do anything against the law.

All evidence to the contrary...

19

 Mar 08, 2010 at 05:14 PM Anonymous Says:

Reply to #6  
enough Says:

To all those who claim "anti-semitism:"
Rubashkin is not being treated any different than a goy would be who had done ALL OF THE SAME IDENTICAL THINGS Rubashkin DID. To cry anti-semitism is ignorant and childish. We as Jews are given so much freedom in the USA. So much freedom in fact, that we have the chutzpah to think we own the place and start breaking laws left right and center. I am pretty sure in prewar Europe the Yidden wouldn’t dare have the chutzpah to do the shtick we yidden do. Its only in America, where everyone is given so much freedom and so many rights that we feel safe enough to break laws without a cheshbon.

"We as Jews"

Do NOT include me in your world view. It is only of the most superficial, tenuous, and ostensible connection that we share a common lineage and ancestral heritage.

Your statements on this Web site sicken and embarrass me.

20

 Mar 08, 2010 at 05:23 PM OMG Says:

Reply to #14  
Anonymous Says:

nice to see some folks wisening up to reality and to the dirty little secret fact that the holocaust occured partialy due to yidden frum and not misbehaving and living ostentatiously in europe and treating the goyim like dirt.

You sound like a self-hating Jew, stop justifying genocide.

21

 Mar 08, 2010 at 05:45 PM Dave Says:

Reply to #15  
to # 6&1 Says:

Every word you release from you keyboard shows how little you know about the case. The reason they are holding him has nothing to do with paying for the crime, rather holding him so that he does not escape. They consider him a flight risk as he can run to Israel only because he is Jewish. If you hold somebody based on their race or religion would be called racist or anti semitic. It was recently noted that the judge in the case was also profoundly involved with the judicial planninig of the raid. Every legal expert admits that this case is not impartial.
so before you polute the internet with comments and a case that you know (at best) little about. Think!

He is in jail because he is a convicted Felon facing a long sentence.

Under American law, once you have been convicted, you no longer have a presumptive right to bail.

So, to be clear. Before trial, you have the right to bail, and there is a strong burden on the prosecution if they want to demonstrate that you are enough of a flight risk or risk to the community to merit remand.

After conviction, you are presumed to remain in prison, and there is a very strong burden on the defense to demonstrate that you should be out on bail.

22

 Mar 08, 2010 at 06:08 PM OMG Says:

Reply to #15  
to # 6&1 Says:

Every word you release from you keyboard shows how little you know about the case. The reason they are holding him has nothing to do with paying for the crime, rather holding him so that he does not escape. They consider him a flight risk as he can run to Israel only because he is Jewish. If you hold somebody based on their race or religion would be called racist or anti semitic. It was recently noted that the judge in the case was also profoundly involved with the judicial planninig of the raid. Every legal expert admits that this case is not impartial.
so before you polute the internet with comments and a case that you know (at best) little about. Think!

Actually your comment shows you lack of understanding the judicial system and more importantly you just regurgitate what you read in other posts, without checking any facts of the case. The fact is Judge Linda Reade, never signed of the search warrant with the government used to effectuate the original raid on Agriprocessor. The fact is that the warrant was signed on May 9, 2008 by Judge Jon Stuart Scoles case # 08-MJ-110 affidavit signed by Senior Special Agent David Hoagland. And the only involvement Judge Reade had prior to the raid, was in her position of district chief Judge, she had a responsibility to make sure that all defendant who would be brought into the system would have legal representation and interpreters for the ones who don’t speak English. So stop with the lies and tell SMR it is time to take responsibility and stop blaming the system or the judge or the jury, SMR needs to recognize that he only has one person to blame, that person is himself.

23

 Mar 08, 2010 at 06:40 PM Anonymous Says:

Reply to #14  
Anonymous Says:

nice to see some folks wisening up to reality and to the dirty little secret fact that the holocaust occured partialy due to yidden frum and not misbehaving and living ostentatiously in europe and treating the goyim like dirt.

Mr. antisemite you make no sense and i don't waste my time with jew haters.Intrestingly, in germany they were really part of society and were such loyal citzens,look what happend.

24

 Mar 08, 2010 at 07:04 PM Shaul in Monsey Says:

Reply to #15  
to # 6&1 Says:

Every word you release from you keyboard shows how little you know about the case. The reason they are holding him has nothing to do with paying for the crime, rather holding him so that he does not escape. They consider him a flight risk as he can run to Israel only because he is Jewish. If you hold somebody based on their race or religion would be called racist or anti semitic. It was recently noted that the judge in the case was also profoundly involved with the judicial planninig of the raid. Every legal expert admits that this case is not impartial.
so before you polute the internet with comments and a case that you know (at best) little about. Think!

They are holding him pending sentencing because the law states that the presumption post conviction is detention. Your quacky anti semite theories are stupid, little minded, and naive.

25

 Mar 08, 2010 at 08:29 PM Anonymous Says:

Daven for his mishpacha. Today VIN is reporting that Rubashkin's son-in-law was convicted in upstate New York of child sexual abuse. How can so many tsoros come to one family on the same day. We need moishiach now.

26

 Mar 08, 2010 at 08:00 PM Anonymous Says:

Reply to #23  
Anonymous Says:

Mr. antisemite you make no sense and i don't waste my time with jew haters.Intrestingly, in germany they were really part of society and were such loyal citzens,look what happend.

The U.S. is not pre-war Germany but the longer you delusional Rubashkin supporters claim he is the victim of anti-semitism, the more anti-semitism you create. He is the victim of his own actions and by allowing this to happen, hashem is making it clear that behavior which is a chilul hashem, whether SMR or the Dwek rabbonim or these two rabbonim today convicted of sexual abuse, will be severely punished.

27

 Mar 08, 2010 at 08:56 PM Anonymous Says:

Reply to #14  
Anonymous Says:

nice to see some folks wisening up to reality and to the dirty little secret fact that the holocaust occured partialy due to yidden frum and not misbehaving and living ostentatiously in europe and treating the goyim like dirt.

A rachmonus on your neshomo.

28

 Mar 08, 2010 at 09:37 PM Anonymous Says:

Reply to #10  
Shaul in Monsey Says:

Should we support all Jews who are in jail who claim they are innocent? Weingarten says he's innocent. Where is the letter writing campaign for him? He also has kids (even if he raped them).

The message to SMR is clear, and hopefully he has internet and can read this. You messed up, pal. You want to mitigate your jail time, get out with a little lead still left in your pencil? Show some remorse. Stop with all this nonsense about not knowing what you did. You lied to the bank to get lots of money. You knew what you were doing. If I know it, the judge knows it. So apologize, show some remorse, and hopefully you'll get a reasonable sentence.

This advice is the true rachmonis, not the apologists nebach cases who claim he's a victim. Those people are just buying SMR more time that he'll do, not them.

Question for Shaul. How come no one at the bank was convicted of fraud? After all they knew full well the entire Agri operation, they knew what the papers were about and were more than happy to look away to process the loan and make lots of interest. They had no doubt that the loan would be repaid as it was until ICE forced them into bankruptcy. So if the loan was bank fraud why weren't the loan officers who made the loan charged with the same bank fraud?

29

 Mar 08, 2010 at 09:39 PM Anonymous Says:

Reply to #12  
Anonymous Says:

The sooner he stops with these procedural motion and serves his sentence the sooner he will be back with his family. This only serves to prolong the agony and reminds the world of this busha.

Because the charges are ridiculous and so will be the sentence. Do you realize that on another thread on this site the courts have convicted a child molester to 13 years? He gets 13 years after molesting several children and SMR gets a life sentence, literally, all his life. The charges were excessive and so will the sentence be.

30

 Mar 08, 2010 at 09:44 PM Elki Says:

Reply to #14  
Anonymous Says:

nice to see some folks wisening up to reality and to the dirty little secret fact that the holocaust occured partialy due to yidden frum and not misbehaving and living ostentatiously in europe and treating the goyim like dirt.

Had you been there, would Hitler, yemach shemo, kept you out of the gas chambers because of your upstanding integrity? And if you have such great middos, the word is gentile or non-Jew, not the deprecatory "goy."
I feel sorry for you.

31

 Mar 08, 2010 at 09:48 PM Anonymous Says:

Reply to #22  
OMG Says:

Actually your comment shows you lack of understanding the judicial system and more importantly you just regurgitate what you read in other posts, without checking any facts of the case. The fact is Judge Linda Reade, never signed of the search warrant with the government used to effectuate the original raid on Agriprocessor. The fact is that the warrant was signed on May 9, 2008 by Judge Jon Stuart Scoles case # 08-MJ-110 affidavit signed by Senior Special Agent David Hoagland. And the only involvement Judge Reade had prior to the raid, was in her position of district chief Judge, she had a responsibility to make sure that all defendant who would be brought into the system would have legal representation and interpreters for the ones who don’t speak English. So stop with the lies and tell SMR it is time to take responsibility and stop blaming the system or the judge or the jury, SMR needs to recognize that he only has one person to blame, that person is himself.

In that case she should either resign or be fired because she did not make sure that the defendants had proper representation, she signed off on the plea deals and arrangements. She agreed to the verbiage of the plea agreements and prosecution. So she failed miserably and she did not assure that everyone was treated humanely nor judiciously. She has failed the american people and embarrassed us in front of the entire world. Then she conducts a trial like a circus or more like the twilight zone, where she leans so heavily towards the prosecution her neighbors on the jury have no other choice but to follow her lead. Yeah, Sioux Falls is her hometown.

32

 Mar 08, 2010 at 09:54 PM Anonymous Says:

Reply to #26  
Anonymous Says:

The U.S. is not pre-war Germany but the longer you delusional Rubashkin supporters claim he is the victim of anti-semitism, the more anti-semitism you create. He is the victim of his own actions and by allowing this to happen, hashem is making it clear that behavior which is a chilul hashem, whether SMR or the Dwek rabbonim or these two rabbonim today convicted of sexual abuse, will be severely punished.

He is guilty of being forced into bankruptcy by the federal government! Everything he is charged with was a result of the over zealous ICE and prosecution team. The whole thing is a political pyramid and a political drama. Everyone was trying to score points to get support, win in the next election, or get a promotion. The lives at stake didn't count in the process. No matter who they hurt or how they hurt them, they went full force ahead. It is a joke to charge SMR with abuse of the immigrants when the US government by the hand of the ICE agents treated them with verbal abuse while rounding them up and treating them like a herd of cattle. Not one ounce of compassion nor common sense was used by any of the government officials.

33

 Mar 08, 2010 at 10:04 PM OMG Says:

Reply to #31  
Anonymous Says:

In that case she should either resign or be fired because she did not make sure that the defendants had proper representation, she signed off on the plea deals and arrangements. She agreed to the verbiage of the plea agreements and prosecution. So she failed miserably and she did not assure that everyone was treated humanely nor judiciously. She has failed the american people and embarrassed us in front of the entire world. Then she conducts a trial like a circus or more like the twilight zone, where she leans so heavily towards the prosecution her neighbors on the jury have no other choice but to follow her lead. Yeah, Sioux Falls is her hometown.

Again you just keep on regurgitating what others say, do research and more importantly show us your citation. There is no evidence that will show that the judge failed in her duty. Even in the congressional hearings there was only one person who wrote a letter to the congress complained about the what he perceived that there might be a conflict of interest but in every paragraph he actually hedged his bet with saying explicitly that he didn’t see any conflict but it might be and he hopes there are none.
I challenge you again show us the proof or shout up.

34

 Mar 09, 2010 at 08:24 AM Anonymous Says:

Reply to #25  
Anonymous Says:

Daven for his mishpacha. Today VIN is reporting that Rubashkin's son-in-law was convicted in upstate New York of child sexual abuse. How can so many tsoros come to one family on the same day. We need moishiach now.

Different case; the judge had far too much rachmones on Weiss who deserves 100 years or machn a soris.

35

 Mar 09, 2010 at 09:00 AM Anonymous Says:

Reply to #34  
Anonymous Says:

Different case; the judge had far too much rachmones on Weiss who deserves 100 years or machn a soris.

No. This only proves that justice is blind. In the Father's case, he was convicted of many crimes for which some feel the sentence may be too harsh. In his son's case yesterday involving child sexual abuse, the general feeling is that the sentence was too short. Obviously they are unrleated cases but its rare that father and son get sentenced on the same day for such different crimes and such different outcomes.

36

 Mar 09, 2010 at 09:17 AM Anonymous Says:

Reply to #28  
Anonymous Says:

Question for Shaul. How come no one at the bank was convicted of fraud? After all they knew full well the entire Agri operation, they knew what the papers were about and were more than happy to look away to process the loan and make lots of interest. They had no doubt that the loan would be repaid as it was until ICE forced them into bankruptcy. So if the loan was bank fraud why weren't the loan officers who made the loan charged with the same bank fraud?

Who said that they knew about it? Some internet maven?
ICE did not force the company into bankruptcy. The money is in South America building a new plant.

37

 Mar 09, 2010 at 10:32 AM Anonymous Says:

Reply to #18  
Huh? Says:

All evidence to the contrary...

What evidence? The evidence the judge did not allow the jury to hear because she was afraid they might hear some truth?

38

 Mar 09, 2010 at 11:54 AM Shaul in Monsey Says:

Reply to #28  
Anonymous Says:

Question for Shaul. How come no one at the bank was convicted of fraud? After all they knew full well the entire Agri operation, they knew what the papers were about and were more than happy to look away to process the loan and make lots of interest. They had no doubt that the loan would be repaid as it was until ICE forced them into bankruptcy. So if the loan was bank fraud why weren't the loan officers who made the loan charged with the same bank fraud?

The premise that the bank knew SMR was lying each time he faxed an advance is a notion thrown out there by the defense. I don't believ eit for a second. And your suggestion that the bank was happy getting the interest is just stupid. The loan defaulted because SMR didn't know how to run a business without funneling tons of cash to himself and his cronies. ICE just made the problem come to light quicker. Your entire question is really just ignorance run wild.

39

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