New York – OpEd: Rubashkin Child Labor Charges Collapse Like a House of Cards

New York – There were sixty eight counts of child labor law violations left against Shalom Rubashkin. And there were innumerable critics of Shalom Rubashkin. And it is sad to say, that some of those critics were some of his own brethren. Brethren that gleefully attacked, criticized and lambasted. The critics ranged from Conservative Rabbi Morris Allen to the Orthodox Tav HaYosher supervision to newspaper editors and pundits across the nation.

And now, thank heaven, he was found innocent of all sixty eight counts. Every single one of them. But there is something that must be said. It must be said so that it will not happen again in the future, because what needs to be said is both a fundamental principle of Judaism as well as something that lies at the core of what America is all about.

It is the legal principle known in Latin as, “ei incumbit probation qui dicit, non qui negat.” The principle states that the burden of proof rests upon who asserts, not on who denies. Lehavdil, in the language of the Torah it is “Havei dan kola dam lekaf z’chus.”

The Talmud (Sabbath 127a) tells us that it is one of the six items that we can enjoy benefit from both in this world and in the future world to come. But it is more than noble practice. Indeed, according to Rashi, the foremost commentator on the Torah, it is a biblical imperative: Leviticus 19:15 states, “Betzedek tishpot es amisecha – in righteousness shall you judge your fellow man..” Rashi tells us to assume his innocence before you judge him. It is right there for anyone and everyone to look up.

So we see that it is both a Biblical imperative and lehavdil a fundamental of our system of justice here in America – the land of the free. In the gleeful attacks and indictments , the media and some of our brethren seem to have forgotten this fundamental principle. Indeed, the governor of Iowa in his op-ed in the Des Moine Register forgot it as well.

He wrote: “Alarming information about working conditions at the Postville plant – including allegations ranging from the use of child labor in prohibited jobs to sexual and physical abuse by supervisors; from the nonpayment of regular and overtime wages to the denial of immediate medical attention for workplace injuries .. forces me to believe that.. this company’s owners have deliberately chosen to take the low road in its business practices.”

Did the governor actually pen these words – that allegations have forced him to believe that the company’s owners have taken the low road? Since when do we convict a person or a company based upon allegations?

And, even more sad to say, our own President was guilty of the very same thing – assuming and declaring Rubashkin’s guilt.

On the campaign trail on August 25, 2008, Presidential candidate Barak Obama remarked,
“We’ve got to crack down on employers who are taking advantage of undocumented workers. When you read about a meatpacking plant hiring 13-year-olds, 14-year-olds – that is some of the most dangerous, difficult work there is. … They have kids in there wielding buzz saws and cleavers? It’s ridiculous. And the only reason they’re hiring these folks is because they want to avoid paying people decent wages and providing them decent benefits.”

What? From the president?

And now that Rubashkin was found completely innocent of these charges will an apology be forthcoming? From anyone? Sadly, there will probably be no apology – because in the minds of the Des Moine County Register, the governor of Iowa, Mr. Barak Obama, and the gleeful crowds so hateful of Rubashkin, he was already convicted of these counts too.

And a conviction it surely was. By the governor’s own admission he acted on these allegations, punishing the company without trial. Governor Culver wrote: “I directed Iowa Workforce Development Director Lis Buck to prevent Agriprocessors from listing open positions on state job-listings services..” The governor also explicitly stated that he directed state agencies to single out this company in aggressively pursuing violations of Iowa’s state laws to Agriprocessors. Enforcing the law is an admirable endeavor; enforcing laws selectively, however, is a travesty and mockery of the very idea of law and justice.

All this pre-conviction talk and assumptions of guilt is reminiscent of the 2006 Duke University Lacrosse Team scandal- the accused were suspended – even though they had not been convicted. Ultimately, they were exonerated and proven innocent. Just like Rubashkin was proven innocent of the child labor law accusations.

To quote from the court’s landmark ruling in Coffin vs. The United States, ” The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our legal system..” The presumption of innocence lies at the heart of the fifth, sixth, and fourteenth amendments of our nation’s constitution.

In 1894 there were accusatory articles published against Dreyfuss in France as well by La Croix, France’s leading Roman Catholic newspaper. In 1998, a century and four years later, that newspaper finally apologized.

One of the hallmarks of this wonderful nation is fair play. Thankfully, in this court case, fair play was practiced and the court found Rubashkin innocent. The question is will those who blamed, attacked, and lambasted poor Shalom Rubashkin apologize now? Or will it take them another 104 years as well?

Aryeh HaKohen Katz is a Rabbi and teacher at a Yeshivah in Brooklyn. He can be reached at [email protected]