New York – A Pettion That Can Hurt Jews In The Future

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    New York – I received a few emails asking me to sign a petition asking for the release of Sholom Rubashkin for the first days of Pesach. Mr. Rubashkin has not yet been sentenced, and there are definite grounds for leniency. A well-written petition would be deserving of our support; Agudah has also called on the community to ask for leniency, listing points that are reasonable and fair.

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    Unfortunately, the same cannot be said for the text that I received by email. If anything, it is an object lesson in how not to address a court. It would appear to hurt Mr. Rubashkin’s chances, rather than help them. Moreover, by impugning the court that found Mr. Rubashkin guilty, it damages the interests of Orthodox Jews who might find themselves in front of similar courts in the future.

    It is hard to believe that anyone could put together a petition like this, knowing that it will be read by the judge and prosecutors that presided over the trial. The petition sees the conviction born of “embellished and distorted charges.” The case was tried because of “a smear campaign orchestrated by PETA, the UFCW, anti-Semitic groups, and sensationalist media.” So we have the familiar situation of Jews unable to believe they may have done something wrong, and blaming the attention on anti-Semitism.

    It gets worse. Rather than deal with what the court certainly regards as a fair conviction on multiple charges after a fair trial (whether or not this is true, it is certainly the case that the court sees it that way), the petition asks for the court to let Mr. Rubashkin go because the forces of evil resulted in “the almost universal vilification of an innocent man and a conviction in the courtroom of public opinion long before he had his day in court.” Furthermore, the authorities are asked to understand on the basis of the signatories to the petition that the convicted felon in their custody is anything but. “Sholom Rubashkin…is an exemplar of ethical behavior and upstanding
    character traits.”

    We should be supportive of any reasonable attempt to show flexibility to Mr. Rubashkin before his sentence begins. (Unfortunately, there is an unwritten rule that works against him. Courts rarely if ever show leniency to convicted felons who do not admit to any guilt.) The petition from which the quotes were taken is not an example of a reasonable attempt. To the contrary, it supports the view of some people that too many frum Jews regard themselves as above the law, contemptuous of others, and perpetually see themselves as victims.

    It is not good to be viewed as privileged primitives.

    Rabbi Yitzchok Adlerstein is the Director of Interfaith Affairs for the Simon Wiesenthal Center. He also serves as a faculty member at Yeshiva of Los Angeles and its high schools, and holds the Sydney M. Irmas Chair in Jewish Law and Ethics at Loyola Law School.

    Rabbi Adlerstein received his ordination from the Chofetz Chaim yeshiva in New York. He is a summa cum laude graduate of Queens College, and a member of Phi Beta Kappa


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    89 Comments
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    Anonymous
    Anonymous
    14 years ago

    Absolutely correct. The fact is that the evidence of Rubashkin’s guilt of the cahrges is overwhelming. Therefore, to suggest that the verdict was a result of outside influences will not convince anyone because it is NOT TRUE. It also does not make sense to say that Rubashkin is an ethical man. Although he may be ethical in other respects, the evidence of his crimes suggest that his ethics are limited to other endeavors of life.

    At the same time, the sentence sought by prosecutors is well beyond sentences meted out to similar offenders. It would therefore make sense to appeal to the Judge to sentence him to something akin to similar offenders. The Agudah letter does just that.
    However, to challenge the verdict, which was based on overwhelming evidence, is self-defeating. Nobody will take it seriously and will therefore not result in a mild sentence.

    Shaul in Monsey
    Shaul in Monsey
    14 years ago

    This petition, supported by the likes of Zweibel, et al, is an absolute disgrace. The trial is over, SMR has been convicted. Laying claims about obscure forces of evil conspiring against an innocent man is naivete at best, and historical revisionism in all probability. SMR has forfeited his rights to be home for the sedorim. He was tifrosh min hatzibbur when he committed the acts he was convicted of and the result – his imprisonment – is the consequence of those actions. Sad? Yes. But deserving of the type of debased and perverted call to action the Agudah and Chabad is promoting? Absolutely reckless and irresponsible. Shulem Weiss is in jail for pesach, and he claims his innocence as loudly as SMR. No petitions for Weiss. Why? Because Zweibel and his cronies are judge and jury. They THINK Weiss is guilty and SMR innocent. But what they THINK is meaningless. The trial is over, the jury has spoken, and if history is any guide, the Agudah’s failure to think with foresight will only hurt klal Yisroel in the long run. These friend’s of SMR’s should have helped when help was needed – when SMR was committing acts that anyone, yid or goy, would be convicted of.

    a reader
    a reader
    14 years ago

    thank you rabbi adlerstein for saying what many of us have been thinking for years now regarding the rubashkin case. this petition and the whole martin grossman fiasco should give us all a lot to think about. do we consider what message we may be sending before we open our mouths and make such a fuss??
    in a nutshell, the message that this petition and the martin grossman affair clearly send is: “it doesn’t really matter what crime the individual was convicted of, by virtue of the fact that he is jewish, he should be spared/treated with lenience/set free.”
    as has been pointed out previously, we have only a limited amount of influence in this country, and it pains me to think that we are expending it all on futile attempts at saving convicted felons (or worse).
    mr. rubashkin was known as a ba’al tzedakka/chesed, however he also committed serious crimes, and at this point there is no question he will pay a steep price for them. is trying to shave a few years off what looks to be a lengthy prison sentence really more important than many of the other issues facing klal yisroel???

    Anonymous
    Anonymous
    14 years ago

    This is what I received

    Thank you for signing the petition Let Sholom Rubashkin go home for Passover – and until his sentencing last week. We got over 8000 signatures!WE NEED YOUR HELP AGAIN URGENTLY!!!!We were asked by those close to the case to postpone sending our petition to the judge,  in order to send out a consolidated petition that will be more effective בע”ה.Here is that petition! THE MEDIA HAS TAKEN NOTE OF THIS ONE!!!!!Please go to this new Petition put out by Agudath Israel, and sign again. This is urgent.Happy PassoverYehudis KaplanLetter from The Aleph Institute:

    Anonymous
    Anonymous
    14 years ago

    Rabbi with all due respect your facts are simply wrong. The rubashkin team has tried every gentle way. Please know the facts before you comment on a serious issue like this, it makes you look foolish.

    Anonymous
    Anonymous
    14 years ago

    that’s the same way some are doing with the case of polard its like sometimes our nation praised for our wit ant wisdom some times losses their seichel (its reminding me like sharptman style behaiver) its time that we shuold have smart peaple as our spokesmen not some hot tempart “askunim”

    Anonymous
    Anonymous
    14 years ago

    if bergstein is concerned why publish this on the web, instead ogf going directly to the source. does he want to sabotage any prospect for smr?

    The Anti Tzemacgh
    The Anti Tzemacgh
    14 years ago

    I see the posters have missed some of Rabbi Adlersteins points.One of them is that if the court has found him guilty despite what the letter claims was a smear campaign, then sending the presiding judge a letter claiming the case brought against Rubashkin was unjust, will just backfire

    Sifsei Emes
    Sifsei Emes
    14 years ago

    The following was my response to the Rabbi Zeibel’s email request.

    Of course I will participate in this pidyon shvuim but I must share with you my feeling that perhaps we shouldn’t have previously wasted the strength of our voices on a rotzeach. 🙁

    mayer from ch
    mayer from ch
    14 years ago

    I wonder if the rabbi would have written the same article if the rubashkin was from lakewood, bp or flatbush. Or should I say some other group other then chabad.

    Have a kosher pesach. Zman chairosainu.
    Oh I forgot to include the bocherim in japan.

    The truth will come out sooner then later

    shame on all of you!
    shame on all of you!
    14 years ago

    shame on all of you!
    how much money did you give towards Pidyon shvuim for this case?!
    the chafetz chaim, vilna goan, alter rebbe, shpoler zaidy and many other noteworthy people went on misiras nefesh to get fellow yidden out of jail (even if it was for a jew not paying back his debt etc.)!
    may this peasach be in Jerusalem with unity and happiness!

    Anonymous
    Anonymous
    14 years ago

    Agudath’s reputation is built on campaigning against laws that protect children from child molesters, campaigning for convicted felons, murderers, spies, and thieves. How noble their organization is in the eyes of people! (sarcasm off.)
    The victim card and antisemitism card that some use when they are in trouble got so old that no one pays attention to it. Orthodox Jews tend to scream wolf way too many times where ever they live.

    Rabbi... You are a disgrace
    Rabbi... You are a disgrace
    14 years ago

    Mr Alderstein, you are a discgrace. VosIzNeias, the same can be said for you.

    During the Nazi era, the jews that “justified” everything going on ended up with the same fate as the fighters who tried to stand up for a fellow-yid.
    Go watch Inglorious Bastards, see what the yidden should of done then…
    And lets stand by acheinu b’yisroel.
    Like a man, not like a coward. And if being a rabbi doesnt allow you to stand up for what is right, then… Stand by acheinu b’yisroel, like a yid with Ahavas Yisroel, instead of “rabbi”.

    Unfortunately, you (ch”v) can end up with the same fate (hashem yishmor). You can have 900 charges brought against you for whatever reason a court and prosecution decides… And using your words: “by impugning the court that may find you guilty”. Heck, maybe a abuse charge will g-d forbidy be brought against you… Who will stand up for whats right if not for a fellow jew?

    You should be ashamed of yourself.

    -R’ Mendel M’primishlam

    Anonymous
    Anonymous
    14 years ago

    we are hated by the goim no ,matter what we do because tgat is how hashem created the world halucha he bedaya eisuv soina l’yakov we will be hated till moshiach comes

    Anonymous
    Anonymous
    14 years ago

    i am sure if we look into your life we will find things you do wrong and we will report you to the FBI then we will see if you will publish things like this from your jail cell
    or rather want god to punish you for this when you burn in hell

    Anonymous
    Anonymous
    14 years ago

    this is a very sad situation. By my lights, I can “see” SMR as a good person, but the US courts see a good person as someone who observes the law. The problem is that some from my beloved culture of Yiddishkeit have trouble giving a kind of civil credence to other systems of ethics and laws. Understandably, we are in love with our own, but that is just the point: they are our own and not someone else’s. We are not a protected minority here in America, but rather citizens of a good (but not perfect) republic.

    daas torah
    daas torah
    14 years ago

    I simply don’t get it, if a so called rabbi differs from other rabbis in opinion, he should contact them directly and have it out on a torah and mannered fashion, to publish an opinion on such delicate issue on the web is outright ‘retzicha’, and to all commentaries, don’t rely so much on the ‘goy’ for yosher as they doesn’t even know what that is all about when it comes to a jew, so relax and keep your mouths zipped.

    A Frum Jewess
    A Frum Jewess
    14 years ago

    Guys; Most of you are missing the point. It does not make a difference whether or not you feel he was railroaded, it makes no difference if you feel it was a kangaroo court.

    The point is, that in order to get what you want, viz a viz, Rubashkin out for Pesach, than you have to appeal to the COURT and JUDGE that sentenced him. If you appeal for mercy, for kindness, for religious observance, you may have a chance, but by vilifying the courts, the judge, the prosecutors who put him there, it will hinder your cause, not further it.

    The Pesach appeal is not a question of justice/no justice, it is an appeal for mercy. In order to get what you want you always have to remember to whom you are speaking to !!

    jay
    jay
    14 years ago

    Here is the problem, should we tell the truth or should we not because it might hurt people
    The fact is KKK is taking responsibly for this arrest please read the article from this link
    http://www.collive.com/show_news.rtx?id=8158

    mayer from ch
    mayer from ch
    14 years ago

    Why is everyone ignoring the facts.
    A killer got the support from “klall yisroel” but a lubavitcher jew is “making a chillul hashem…”.
    It just mind numbing to see how much hatred some of you have. He didn’t steal from any bank. Not a penny. Leanrn the facts. Then talk. He was arested for illegal workders. Then was forced to survive and made some very bad moves in business (which btw many of you haters did the same with your mortgages).
    Shame on you Rabbi and all of you self haters.

    For Shame...
    For Shame...
    14 years ago

    You may be correct in that people may write comments that are not proper or well thought out and may boomerang.
    However, if that was your brother sitting in jail and being attacked so visciously and totally unfair, you wouldn’t be bothered by that. You would want all Yidden to join in helping getting his release.
    It is very sad, that you do not view Rubashkin as your brother. Maybe you are anti-Chabad (R”L), or have no feelings for another Yid’s pain. Both make you a nebech and remove you from acheinu b’nai Yisroel, who do care for one another.
    For Shame….

    OMG
    OMG
    14 years ago

    A few weeks back I wrote a six part essay on how to write letters to the judge but what not to write, as I knew that some individual moron would write an inappropriate letter, but never in my darkest dreams did I envision a petition being circulated by people who are fronting as leaders of our community? Noting could be more damaging for SMR then this petition which is full hyperbole and will help to stoke the flames of anti Semitism.

    Anonymous
    Anonymous
    14 years ago

    B”H
    my wife and I took 1000 loan against our home equity line of credit and mailed recently to the address in monsey.
    we ALL need to have ahavas yisroel.
    if yu don’t agree with the letter atleast make donations to the fund.
    atleast write your own letter asking judge for mercy.
    This article is vry disturbing because the petition is saying he was treated differently (imlied becauuse frum jew)… the article says frum jews will have harder time with courts because of this petition? so before the petition the nonjewish courts were fair and impartia but after the petition its our fault they are not? I know I am over simplifying but …

    Anonymous
    Anonymous
    14 years ago

    i was a lawyer in a case where the defendant denied getting served properly. He swore he wasnt served properly – i was 100% sure he was lying – and the judge found in his favor.

    As a general rule, the judge/jury is wrong 50% of the time.

    So I dont want to hear the BS about “he got a fair trial and was convicted”

    50 percent…….50 percent…….50 percent……… flip a coin……

    Anonymous
    Anonymous
    14 years ago

    these charges were bogus charges that others sit no jail time at all. this was acomplete lynching from a to z. the whole prosecution was orchestrated by the judge reade from the raid until the trial until the jury’s verdict. the judge was behind the raid. the judge didn’t allow crucial evidence at the trial and told the prosecution to order the jury to make a guilty verdict. if this would happen to the blacks, sharpton would be screaming and the media would be calling it a scandal. why can’t we jews scream just the same at this pervesion. being respectful only further serves to justify and respect the corruption making the verdict of hundreds of years r”l tolerable and acceptable.

    its just not true
    its just not true
    14 years ago

    The petition that rabbi Adlerstein referes too is not an approved petition and no longer even exists. The Rabbi is uninformed and the posters here who are being negaitive as usual do not know the facts either. The anti chabad , agudah etc… is just more of the same self hatred that vin allows. if it wasnt so hurtful thios whole article and reaction would be really funny.there is no story-check it out for yourself.
    There is a new apprioved petition that has been up since thursady that has the support of the attorneys.
    http://www.justiceforsholom.org

    Avi
    Avi
    14 years ago

    I can’t imagine any Judge giving any thrift to a request for mercy just because other people get off easier. For one thing, do we know that the same judge typically gives more lenient sentences to others convicted of the same crimes? Judges are free to hand down any sentence allowed by the laws governing the crimes in question. They do not need to show leniency just because other judges do so.

    And all this is beside the point. A Jew should be above reproach, ESPECIALLY in business dealings. One hundred percent honesty should be the rule, not the exception. It is FAR worse for Rabushkin to have done anything wrong that for anyone else. Perhaps his harsh sentence is a Kaporah B’Olem Hazeh. Be thankful he’s getting it now and not after Me’ah V’esrim.

    Think!
    Think!
    14 years ago

    I have a small question for all the posters who believe that they must voice their opinions on the matter:
    Do you know R’ Sholom Mordechai Rubashkin? Are your comments and opinions based on more than just what you hear or read? Before posting, just thinking if you can honestly answer ‘yes’.
    Wishing you all a Chag Kosher VeSameach

    mlg
    mlg
    14 years ago

    unfortunately there are batai dinin in the USA and in Israel that use the idium of “moreh heter in the charaidi community is allowed”, and as a result we in the “religious” community who want to abide by daas torah and were taught just the opposite that in fact being moreh heter is a rationalization where the evil inclination is out out to fool us and trick us into making something which is prohibited, permitted!
    and as a result we are all classified as one community and one reflects on another especially when according to secular law and dina de-malchusah dina come in to play, and chilul Hashem is the ultimate result. So when Rabbi Adlerstein mentions that at times we as Jews sometimes feel we are above the law he is referring to being moreh heter which is the most common tool the yetzer hara uses where the sheker becomes the emes!

    Anonymous
    Anonymous
    14 years ago

    It is not YOUR duty to point anything out to me. Your duty is to support a fellow Jew which you choose NOT to do. There is no responsibility between you and me other than to stop poisoning people against a fellow Jew. You have not one ounce of rachmonus or sympathy for SMR or his family and you could care less about what has happened. You are smirk and smiley because you feel YOU were right and you called it! So if you choose to be happy in someone else’s misery please keep it to yourself. The rest of us Yiddin don’t need to hear the richilus.

    fool from ...
    fool from ...
    13 years ago

    shaul your consistent anti agudah bias makes your opinions meaningless. give it up already.
    Your not relevant.

    Shaul in Monsey
    Shaul in Monsey
    13 years ago

    Here’s my petition:
    Dear Judge Reade, unlike many Jews supporting SMR, who seek leniency and special treatment based on procedural impropriety, antisemitism and other silly notions of conspiracy, there are many of us who deplore any type of behavior that involves criminal activity, including diversion of funds, inflating the books, or any type of immoral or unethical business practice of which SMR was found guilty of. The jury has spoken. SMR is guilty of the crimes he was accused of. We offer no excuses, only regret and remorse as someone espousing an ethical lifestyle chose an unethical and criminal path. People are indeed human after all, regardless of their religion. As the judge responsible for determining what sentence is appropriate for SMR, please keep in mind that the true exercise of judicial power in many instances comes with the restraint of its use. Should your sentence reflect punishment, as well as serve as a deterrent for similar criminal conduct? Yes. But your sentence should also reflect the great American values that this country was built on, including compassion and mercy.