Des Moines, IA – A federal judge denied a motion Wednesday for new trial for Sholom Rubashkin, saying there was no new evidence discovered to produce an acquittal.
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Former Agriprocessors vice president Rubashkin, 50, of Postville, requested the new trial based on the claim Chief Judge Linda Reade unlawfully presided over his trial and should have recused herself. Rubashkin’s attorneys claim Reade was involved in the planning of the 2008 raid at the meatpacking plant where nearly 400 illegal workers were arrested.
Rubashkin’s attorneys acquired documents through a Freedom of Information Act request, which they say showed federal agents were in contact with Reade regarding the raid.
The U.S. Attorney’s Office said there was nothing illegal about the court’s involvement in the raid planning, in light of the fact there were going to be so many arrests and prosecutions. The court needed to be aware for it’s planning purposes.
Reade said in her ruling the internal Immigration and Customs Enforcement memoranda, the defendant argues is “newly discovered evidence,” isn’t evidence. There’s nothing in the documents that would be admissible on any issue relating to Rubashkin’s conviction of bank fraud and other charges, she said.
Reade said Rubashkin fails to make any arguments based on the documents that he couldn’t have raised before trial. Rubashkin claims Reade supported the enforcement action but that misstates and mischaracterizes the information, she said.
Reade said her “support” was clearly in the context of the court’s duty to logistically prepare for the arrest of hundreds of persons.
As to the issue that Reade should have recused herself from the case, she said according to statute a judge must be recused if her/his impartiality might reasonably be questioned because of bias or prejudice.
“Based on the facts and ignoring all rumor and innuendo, the court finds that recusal was not required in this case,” Reade said.
Reade said she had to ensure court proceedings are efficient and provide all constitutional guarantees for defendants arrested in the raid.
If she had recused herself it would provide incentive to defendants to “advance rumors and foster speculation in the media in an effort to judge shop. The court declines to do so,” she said.
Reade also said there wasn’t any Eighth Circuit Court precedent for her to refer the motion to another judge or to permit discovery, as Rubashkin had requested. There is nothing to discover that would support the motion.
She said it was “totally devoid of merit.”
A federal jury in November convicted Rubashkin of 86 counts of bank, mail and wire fraud, money laundering and failure to pay livestock providers in a timely manner. The charges came after a May 2008 raid.
Why was SHE ruling on this??? No kidding she would deny!! I hope it can be taken to a higher court!
Chief U.S. District Court Judge Linda Reade issued her ruling Wednesday, rejecting Sholom Rubashkin’s motion for a new trial.
This whole issue is because of Reade’s impartiality so how can she be involved in this ruling she’d be admitting her impartiality were she to rule otherwise.
What else would you expect?
Why waste money on lawyers for this appeal?
The appeal should have gone to the SUPREME COURT
What did anyone think she was going to say???? Yea! Sure! I was wrong and go have a new trial???????????? Am I the only one that thinks this whole thing is Chelm??? This needs to be handled in a different way! We cant keep going back and pleading this case to the same person especially since SHE is the problem here!
The witch-hunting witch should recuse herself.
why are the lawyers even talking to her – why not go direct to the Supreme Court?
Lets make sure we all donate more money for the appeal…I am sure he will win on appeal..I pledge $100.00 to start off with….Please every reader donate what you can afford..Every dollar will help him get freed im yertze hashem..
I don”t understand how the same judge can make this decision. Of course it wouldn’t be fair and impartial. A different judge has to hear the case
Yes, to the Federal Appeals Court for the spefici district
I am no legal expert, that said it sounds to me that this was some kind of legal thing that SMR’s legal team had to go through in order to get this whole fiasco into another court. I will bet that they never expected her to grant a new trial. They now will have grounds to get this matter kicked out and into another court.
Come on guys you’re not that stupid !!!!!!!!!!!!
Going to this judge was part of the process so you should be able to go to the court of apples
All the lawyers expected this ruling Thank god she already ruled and next we go
Let me explain the situation here.
This is standard procedure, to request a new trial from the judge presiding over the case. Rubashkins lawyers asked that the appeals court extend the date for submitting an appeals request, because they knew that judge Reade, ym”s, would deny the request. The appeals court excepted it, and the lawyers will now include in the appeal a request for a new trial.
I cant believe what she wrote !!!!!!
If she had recused herself “it would provide incentive to defendants to advance rumors and foster speculation in the media in an effort to judge shop.”
Since when does a judge make a ruling to avoid certain rumors and media reports
Shame on her !!!!!!!!!!!!!!!!!!!!!!!!!!!!
If she can rule on her innocence,
why can’t SMR rule on his?
Well what was the result of the congressional hearing on the raid itself? Didn’t it show that in fact the immigrants rights were violated and that their constitutional guarantees were NOT provided?
Why isn’t there a congressional hearing into why Judge Reade is still ruling on the Rubashkin case and what her biased has cost him and his entire family as well as the town of Postville?
This motion to begin with is so stupid and unprofessional, it is illogical and futile – never had any chance for success.
Where were their brains to submit a motion to the same Judge to recuse herself, and dismiss her ruling?
They were well aware that this Judge is so biased and anit Rubaskin, how stupid must an attorney be to think for a minute that she will it even consider it?
The legal motion by the Rubashkin team had little if any chance of being granted. It will take another year or two before this case moves through the appeals courts and possibly up to the Supreme court (assuming they are willing to grant cert). In the interim, we have heard enough already about this matter and its time to move on and let the system work its will. Hopefully, when its all over, the courts will reduce his prison term to a more reasonbable level so he might get out before he is too old to spend any time with his children.
A concise and well reasoned ruling from Judge Reade, I don’t know why VIN didn’t put up a link to the actual ruling were in the 22 pages Judge Reade methodically takes apart Lewin rule 33 motion. I guess a new recording will be made, more fundraising to line the packets of Lewin and company. The sanctification of Rubashkin is just starting. In a year or two, he will be Mashiach ben Yosef because Mashiach ben David is the Rebbe.
“This motion to begin with is so stupid and unprofessional”
Nat Lewin who has been in law since 1957 and was number two in “Washington’s Best 75 Lawyers” in the April 2002 edition of Washingtonian magazine Has a different opinion
the jury convicted him not the judge she sentencing him.
The real problem is that all the things in the appeal was known and they should have made a motion then
If the posters don’t understand the law, why don’t they go on some medical sites & spout their ignorance regarding some esoteric medical procedures?
The only way to get an appellate court to hear a motion to vacate a decision because of a Judge’s bias is to first go to the judge hearing the case to ask for it. After the judge’s refusal (which is almost always the case), the attorneys have a right to have the higher court rule on the motion. So, everything is as it should be.
Got it? Now we can discuss a coronary bypass on a patient with an anterior aneurism.
You guys with all the exclamation points might want to read the salient point…
“There is no Eighth Circuit Court of Appeals precedent requiring the undersigned to
refer the Motion to another judicial officer or to permit discovery. Further, there is nothing to discover that would support the Motion.”
Wow, all the big mouths are so shocked! Was this not what you were expecting? wasn’t this what you sang for and paid for?
Did you get a new song from “Unity for Peace” without even knowing what was being done and what to expect?
I guess it’s time for another new song, and a new round of collections!
What I do find so repugnant and abhorrent about this whole charade is the repeated crying that 27 years was TOO HARSH asentence, but from reading all the comments here, no one is asking for the e=sentence to be reduced, everyone is asking that the sentence be overturned and he be set free now!
Who can explain this?
This is a perfect example of justice of USA…
Works like this, If you have a complaint against a person (judge) then go back to the same person (judge) to complain…
The comments on this thread show how unreliable and how totally baseless such threads can be! This as has been pointed out is merrily following procedure in order to get the case to the appeals court! This being said all the comments about “foolishness” “greedy” “lining pockets” show the rashness, foolishness, and total unreliability of those making the comments!
If you don’t believe how GREAT I AM JUST ASK ME. Must over turn this idiots decision, and than get her removed from the bench. This is a PC judge sounds like
No matter which court, as long as the results will be “fruitful”
Chavarim- Relax; this is just the first step in the appeals process. The appeal will now go to a Federal Court of Appeals, and ultimately to the U.S. Supreme Court. I’m sure that SMR’s conviction will be set aside, and that the Feds will decline to go ahead with a second trial, and give him credit for time served. We have to be patient, as justice will prevail. I’d like to paraphrase what FDR stated on Dec. 8, 1941, which is very relevant to this case: “With the unbounded determination of our people, we shall gain the inevitable triumph, so help us G-d”.
Please let me explain the process for you all, before you disparage the strategy of the defense lawyers. First of all, a motion for recusal is made to the judge who you believe ought to be recused. Second, SMR had moved for Judge Reade to recuse herself prior to the trial and she denied the motion. Third, the motion by SMR for recusal was “renewed” after the trial, based upon new information obtained from the government pursuant to the Freedom of Information Law (“FOIL”). Ordinarily you cannot make the same motion twice. However, a motion for “renewal” is one to remake your prior motion, but only now, with “new” information that was not available on the initial motion
Fourth, SMR can now appeal to the Court of Appeals (you can’t go to the Supreme Court right away) from Reade’s denial of his motion to renew Reade’s denial of recusal. Now, the Court of Appeals will have before it in the record, all of the new incriminating information recently obtained from the FOIL request (after the trial) that will hopefully convince them of Reade’s gross partiality, improper and unethical judicial conduct.
I hope that you all now understand the procedure and strategy of the defense.
Can someone begin a campaign for a FULL CONGRESSIONAL INQUIRY!!!
RealOMG is correct. The actions were asur under halachah and illegal under secular law. Thanks to the draconian federal sentencing guidelines, a 27 year sentence was within the law. He could have gotten much less time in a plea bargain. Note that a person recently convicted of an attempted terrorist bombing of a Dallas skyscraper got 24 years after a plea bargain. The expected Republican takeover of Congress will likely lead to still more draconian laws, and President Obama will need to appoint more conservative judges who will have even less sympathy for persons convicted of crimes if they are to have any chance of getting confirmed.
Only violent or dangerous criminals deserve jail. Our system is broken and nobody cares. Vote Libertarian.
maybe its a step you have to take to go to the step
So what is the method to appeal a psak with which you disagree?
You are quite bitter. You may need some professional help.
If Rubsashkin had more humble lawyers and if he himself, his family and his supporters had been more humble and thrown himself on the mercy of the court, the judge would have had rachmnonis on him.
to realOMG, stick to your nasty blog and keep your pedantry and sinas chinam to yourself. it’s sadly obvious who you are.
He did not defraud the bank out of 25 million even though he was found guilty of it.
Surely a company of that size, would in any event – even without any inflating of invoices – be able to get a a very significant loan.
Maybe not 25 million….so lets say 24 million instead. So the fraud is only 1 million at best.
The goyishe kupp in iowa thinks this is 25 million. its not. dont forget it was a big company; they would have loaned a lot of money anyway to the company.
i hope everyone here filed a judicial ethics complaint against linda reade, Yimach Shemoy – may she be cursed with cancer – for her judicial misconduct.