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Cedar Rapids, IA - New Evidence Shows Judge Unlawfully Presided Over Rubashkin Trial

Published on: August 5, 2010 01:55 PM
By: Press Release
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Cedar Rapids, IA - New documents produced in response to a Freedom of Information Act request show that U.S. District Court Chief Judge Linda Reade met frequently with the law-enforcement team that was actively engaged in the planning of the May 2008 raid on the Agriprocessors kosher meatpacking plant and participated in preparations for the raid. On this account, Judge Reade should have been legally disqualified from presiding at the federal trial of Sholom Rubashkin.

Judge Reade was required to disclose these meetings and her participation to defense lawyers, but the judge did not make any such disclosures before presiding over the trial last year. The evidence shows Reade was not only provided with regular briefings on the raid preparations for more than six months before it occurred, but that she expressed her “support” for the raid, and directed that she be briefed on how it was to be carried out.

“The government’s own memoranda show that more than six months before the raid, Judge Linda Reade began a series of meetings in which she collaborated with the law-enforcement team that prosecuted the case against Sholom Rubashkin,” said Nathan Lewin, lead appellate counsel for Sholom Rubashkin. “Without disclosing to defense counsel her meetings with the U.S. attorney and the support she expressed for the raid, she presided at Mr. Rubashkin’s trial, and then immediately had him imprisoned, and sentenced him to two years more in prison than the prosecution requested.”

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In light of the new revelations, attorneys for Sholom Rubashkin filed a motion for a new trial Thursday in the U.S. District Court for the Northern District of Iowa. Rubashkin was sentenced in June 2010 to 27 years in prison for bank fraud and related charges. Prosecutors had sought a 25-year prison term.

“Under federal law, as authoritatively interpreted by the U.S. Supreme Court, Judge Reade was required to disqualify herself from serving as the judge in Mr. Rubashkin’s trial or, at least, to make a full disclosure to the defense lawyers so they could decide whether to file a motion for recusal,” Lewin said. “The jury’s verdict must, on this account, be vacated, as well as Judge Reade’s decision to deny release on bail to Mr. Rubashkin.”

The government documents and e-mails were provided to Rubashkin’s counsel after the trial concluded, although their Freedom of Information Act request was filed in February 2009, more than eight months before his trial began. The government did not initially respond to repeated letters and calls from Rubashkin’s counsel seeking the FOIA documents, and Rubashkin’s attorneys eventually sued the Department of Homeland Security to procure the information.

The documents reveal that Reade began meeting with the U.S. Attorney’s Office in October 2007, and advised law enforcement officials of her vacation schedule so that the raid would meet her “scheduling needs.” She also said in January 2008 she was “willing to support the operation in any way possible.” In March 2008, Reade participated in a meeting that discussed “an overview of charging strategies, numbers of anticipated arrests and prosecutions, logistics, the movement of detainees, and other issues related to the [Agriprocessors] investigation and operation.”

According to one e-mail, Reade made specific requests for a “final gameplan” to be submitted to her about one month before the raid took place. She also “requested a briefing on how the operation will be conducted.”

“What can be learned from the redacted memoranda about Judge Reade’s participation in the planning of the raid on Agriprocessors may be only the tip of the iceberg,” Lewin said. “But even this tip is sufficient for an objective observer to doubt the perception of impartiality.”

The documents also show Sholom Rubashkin was the primary focus of the investigation before the raid. In a PowerPoint presentation describing the planned raid - which may well have been displayed to Judge Reade during one of her “briefings” - ICE identified Mr. Rubashkin as the “Vice-President of the company,” and noted its belief “that one or more company officials may have knowledge of criminal conduct on the part of the company and may even be culpable themselves.”  In a separate memorandum written in advance of the raid, ICE explained that on the day of the raid, it would “execute a criminal arrest warrant” against a “corporate official.”  Mr. Rubashkin was not ultimately arrested on the day of the raid, but he is the only “corporate official” arrested, and therefore was probably the subject of that memorandum and discussions with Judge Reade. Under federal standards, those ex-parte conversations would be grounds for recusal of a judge.

Rather than disclosing her attendance at, and active participation in, planning meetings, either to the defendant or his attorneys, Reade rejected a related defendant’s recusal request and claimed she had only been engaged in “logistical cooperation” with Immigration and Customs Enforcement agents who planned the May 2008 raid on Agriprocessors.

“Judge Reade’s apparent attempts to minimize her participation in the raid raise new suspicions and bolster doubts about Judge Reade’s impartiality in circumstances that are particularly worrisome,” said Lewin. “Under federal law a judge is disqualified, whether or not actually biased, if the average person on the street, knowing all the facts, would question the judge’s impartiality.”

Representatives of the Department of Justice and ICE also concealed Judge Reade’s participation in the raid planning to members of Congress. In a hearing in July 2008 before the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law of the House Judiciary Committee, Rep. Zoe Lofgren asked law enforcement officials what information was provided to the federal court in Iowa and “what measures were taken to ensure that the court’s view of the cases would not be affected and that judicial neutrality would not be compromised?” Deborah J. Rhodes, a senior associate deputy attorney general, responded that Judge Reade was only given a “heads up” for “logistical reasons.” She did not acknowledge that Judge Reade was given briefings and “updates” on various substantive matters, as well as the fact that the raid was coordinated around Judge Reade’s “scheduling needs” and that Judge Reade had expressed her willingness “to support the operation in any way possible.”

As part of its motion for a new trial, Rubashkin’s attorneys have requested that Judge Reade transfer the motion to another judge for determination, “in order to preserve public confidence in the impartiality of the judicial system.”

Members of the Rubashkin legal team will participate in a media conference call this afternoon to discuss the new information. Details are forthcoming.



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Read Comments (122)  —  Post Yours »

1

 Aug 05, 2010 at 02:09 PM Mrs_Boro_Parker Says:

Keep up the Tehillim, the Kinus, whatever it takes - "JUSTICE WILL PREVAIL"

There will be a long line of people that may have ask mechilla from Sholom Modche

2

 Aug 05, 2010 at 02:15 PM grandson1 Says:

Who appointed this moron to the federal bench? After all is said and done maybe some decent members of Congress should start impeachment proceedings against her.

3

 Aug 05, 2010 at 02:16 PM Green Tea Says:

Where are all the "dina Demalchusa" guys now??!

4

 Aug 05, 2010 at 02:17 PM yankees Says:

i hate to say it
But my Mother always said, I Told you so !!!!!

5

 Aug 05, 2010 at 02:19 PM Endman Says:

Where is Shaul from Monsey????

6

 Aug 05, 2010 at 02:23 PM Boochie Says:

So now what?

7

 Aug 05, 2010 at 02:24 PM Anonymous Says:

When the marshas starts to fall then it will be non stop... Like haman

8

 Aug 05, 2010 at 02:27 PM Anonymous Says:

Great News we all knew that true is coming out BH

9

 Aug 05, 2010 at 02:28 PM favish Says:

one neednt be a rocket scientist to have seen this wicked lady is' maharshas shebemarshas, as all other lewyers wo dealt with wer on other cases stated. google her name and youl see ' i can say without guilt on her 'vecho hurisha maheirah yikareisu'

10

 Aug 05, 2010 at 02:30 PM Anonymous Says:

Now, people should stop asking where our big money went.. The askunim know good how to use it..

11

 Aug 05, 2010 at 02:32 PM Anonymous Says:

Calm down everyone he is not home free yet. Continue praying.

12

 Aug 05, 2010 at 02:32 PM Anonymous Says:

May this be a kli for a total acquittal

13

 Aug 05, 2010 at 02:33 PM Texas_Eli Says:

Now let's see if the charges can be dismissed with prejudice and the judge can be removed!

14

 Aug 05, 2010 at 02:34 PM Godol HaDor Says:

Wow wow wow!
What about suiing judge reade?
This is the first truly amazing fact I've seen! The above commenters are 100% correct
Is this the way the USA metes out "justice"?!
Sholom should be allowed out of prison on bail immediately

15

 Aug 05, 2010 at 02:34 PM favish Says:

it also answers why she went out the way and gave sentence more the limit of 25 years..shows her wickedness and meaness

16

 Aug 05, 2010 at 02:38 PM Anonymous Says:

Reply to #5  
Endman Says:

Where is Shaul from Monsey????

He has properly the same history then her true will come out !!

17

 Aug 05, 2010 at 02:41 PM Aryeh Says:

I recall a particularly heated discussion over dinner just after the raid where my friend insisted that Rubashkin was guilty of the most heinous and malicious child labor crimes. I remember Obama even commenting on his 'guilt'. I felt a bit conflicted for being so vocally insistent that it was simply a misunderstanding, and that it was not possible for a frum yid to do something so terrible. Now we know that even a jury of goyim could not find fault in him, B"H! Gam zu yaavor!

18

 Aug 05, 2010 at 02:47 PM RealOMG Says:

I will not try to predict how this motion will play out, but a cursory read of the news release and part of the documentation released under the FIA it shows that judge Reade was involved with the logistical planning and the clearing of the court’s docket to facilitate an orderly court docket for the expected 100’s of new defendants, as judge Reade said to ICE that the docket is planed months in advance, they just cannot dump 700 defendant on the court without prior planning. Additionally I don’t see yet, any reason why the verdict should be overturned, it is just a lawyer doing his job for his client.

19

 Aug 05, 2010 at 02:50 PM Anonymous Says:

They should throw this piece of garbage to rot in jail for 27 years -" Ve'asitem lo Ka'asher zamam"

20

 Aug 05, 2010 at 03:00 PM Anonymous Says:

Where are all the "dina Demalchusa" guys now??!

here

I am not smr fan and this news is disturbing, and if the motion is allowed
then a new trial will be in order. Or at the very least the sentence, but most likely a new trail . In addition, some action against the judge

this does not mean that smr is innocent as some people seem to apply. and as opposed to beis din if things are not right there are appeals and things one can do to rectify it. What happens when a beis din go astray which we have seen in the past. Not much.



ps most people who think smr is guilty think 27 years is out of line.

21

 Aug 05, 2010 at 03:01 PM RealOMG Says:

It seems that most posters herein don’t understand the issues at hand. What Judge Reade did was within her responsibility as Chief Justice in that Circuit, she has a responsibility to make sure that when a defendant is arrested that they see a magistrate judge, for the initial appearance were they are informed of their actual charges that it is within the limited time required by the law. To dump 700 new defendants on the court and expect to have them before the magistrate within the prescribed time is crazy. But regardless what Judge Reade did was within her prescribed duties and in fact they did in the congressional hearing said that she was only involved in the logistics of the court.

22

 Aug 05, 2010 at 03:03 PM Anonymous Says:

#17

"felt a bit conflicted for being so vocally insistent that it was simply a misunderstanding, and that it was not possible for a frum yid to do something so terrible."

yep let vacate all the convicted child molesters, since a yid could not do such a terrible crime, and the starving mom to and the rabbie chen.

23

 Aug 05, 2010 at 03:12 PM Anonymous Says:

Remarkable news. Now lets hope for the best. He should be vindicated, and have this "marshaas" take the 27 years instead.

VIN, I suggest you pin this piece of wonderful news.

24

 Aug 05, 2010 at 03:16 PM Anonymous Says:

She was appointed by George Bush. I googled her, she is one of the harshest judges in the USA. Rubashkin never had a chance, neither does anyone else before her.

25

 Aug 05, 2010 at 03:22 PM Chaim Says:

Reply to #18  
RealOMG Says:

I will not try to predict how this motion will play out, but a cursory read of the news release and part of the documentation released under the FIA it shows that judge Reade was involved with the logistical planning and the clearing of the court’s docket to facilitate an orderly court docket for the expected 100’s of new defendants, as judge Reade said to ICE that the docket is planed months in advance, they just cannot dump 700 defendant on the court without prior planning. Additionally I don’t see yet, any reason why the verdict should be overturned, it is just a lawyer doing his job for his client.

I now understand why you call yourself 'realOMG. Someone who even when he sees that all that he previously held was wrong - still hopes that 'maybe' he's right. OMG how do you let such ... people

26

 Aug 05, 2010 at 03:25 PM Anonymous Says:

this is a lawyers brief we need to see in his evidence supports his claims.

27

 Aug 05, 2010 at 03:30 PM Chaim Says:

Reply to #18  
RealOMG Says:

I will not try to predict how this motion will play out, but a cursory read of the news release and part of the documentation released under the FIA it shows that judge Reade was involved with the logistical planning and the clearing of the court’s docket to facilitate an orderly court docket for the expected 100’s of new defendants, as judge Reade said to ICE that the docket is planed months in advance, they just cannot dump 700 defendant on the court without prior planning. Additionally I don’t see yet, any reason why the verdict should be overturned, it is just a lawyer doing his job for his client.

I now understand why you call yourself 'realOMG. Someone who even when he sees that all that he previously held was wrong - still hopes that 'maybe' he's right. OMG how do you let such ... people

28

 Aug 05, 2010 at 03:30 PM help!!! Says:

Can anybody explain me,what happened Actually now,why was nt this info out yet???

29

 Aug 05, 2010 at 03:33 PM Dutch-Steve Says:

YES the judge was wrong and should and hopefully will suffer professionally and personally for her complicity in this. However, let's NOT forget that Rubashkin may well have done some seriously wrong things. Hopefully the correct civil justice will be dispensed and Rubashkin will get his FAIR day in court and the evidence will heard fairly. The mere fact that this judge exceeded the recommended sentencing as recommended by the prosecution shows her bias. But let's not protray Rubashkin as being totally innocent here. Yidden are not exempt from following civil laws.

30

 Aug 05, 2010 at 03:37 PM amicable Says:

It is UNETHICAL for a judge , or an attorney to have Ex-Parte communications, especially without disclosing to opposing counsel.

To file a judicial ethics complaint, just google "Iowa Judicial qualifications commission" , you'll see the first or second result is the right site.....then click "filing a complaint" on the right hand side.

31

 Aug 05, 2010 at 03:40 PM Anonymous Says:

getting off on a technicality does not make him innocent. oj also got off from a technicality.

32

 Aug 05, 2010 at 03:50 PM ShatzMatz Says:

Cool down guys. Because Judge Reade might have made some technical errors that doesn't make Rubashkin innocent. in any case, Lewin is just grasping at straws. He has no proof from the trial that Reade acted biased towards Rubashkin. Besides, in every case the judge signs a search warrant ex-parte and then presides over the trial. This case was the same, except since it was a high profile raid it required more of her participation. There is no great discovery here. Lewin and his team are just digging a bigger hole for Rubashkin than they did until now.

33

 Aug 05, 2010 at 03:54 PM Anonymous Says:

To number 23, why give it an Ayin Hara by pinning it?

34

 Aug 05, 2010 at 03:59 PM BPHocker Says:

If this news is true, which I am sure that the defence is just posing this there way and the truth is somewhere else, it still doesn't change the fact that on truth of the case which is the eitzem charges of stealing and making illigle workers work for less than minimum wage that Rubashkin is 1000 persent gilty. This is a chilil Hashem befarhesya and meesa isn't michaper. Stop the baloney talking and get real.

35

 Aug 05, 2010 at 03:59 PM Aryeh Says:

Reply to #22 Chofetz Chaim showed us that our expectations of others strongly influences theirs and our behavior. Dan l'kaf zechus helps you and them.

36

 Aug 05, 2010 at 04:26 PM RealOMG Says:

I finally read the motion, it seems that Nat gave up on reversing on the facts of the case or the merit of the conviction, he is now grasping at straws, Nat’s press release is nothing more than a fund raiser gimmick, to leave an expression that there is some probability of success. Well based on the pleadings in the motion not the press release, I will predict that SMR will NOT succeed to get a new trial.

37

 Aug 05, 2010 at 04:36 PM Anonymous Says:

Relax. This is a Defense Press Release. Wait for all the facts before you get too excited.

38

 Aug 05, 2010 at 04:47 PM Bukharian Says:

it seems that it was personal for judge Reade since 2007 she wanted Rabushkin to be removed, she planed the attacks, advised, and fully participated with a long investigation on the corp, and now she thinks she can take it down. no different than hamas leaders when they are firing rockets from Gaza into Israel.

39

 Aug 05, 2010 at 04:57 PM Anonymous Says:

Reply to #34  
BPHocker Says:

If this news is true, which I am sure that the defence is just posing this there way and the truth is somewhere else, it still doesn't change the fact that on truth of the case which is the eitzem charges of stealing and making illigle workers work for less than minimum wage that Rubashkin is 1000 persent gilty. This is a chilil Hashem befarhesya and meesa isn't michaper. Stop the baloney talking and get real.

How pathetic of you. Never mind your ignorance about the actual facts of the matter. How dare you hiding your disgusting views under the name of God. And to all those who insist that Smr is guilty etc and the Dina Demalchisa bs this is just blindly seeking to justify the cruel agenda by various groups against smr, instead of being Dan Lkaf Zechus a fellow jew. Hitler and all the blood liables would have also been justified according to your way of thinking.

40

 Aug 05, 2010 at 05:03 PM sam n Says:

Reply to #37  
Says:

Relax. This is a Defense Press Release. Wait for all the facts before you get too excited.

You are from the wicked people who post here. Yes people should get excited we see there is hope. (Real hope not like who you voted for hope and change how's that working out for you) now go bad to your hole you bum!

41

 Aug 05, 2010 at 05:07 PM Anonymous Says:

Reply to #34  
BPHocker Says:

If this news is true, which I am sure that the defence is just posing this there way and the truth is somewhere else, it still doesn't change the fact that on truth of the case which is the eitzem charges of stealing and making illigle workers work for less than minimum wage that Rubashkin is 1000 persent gilty. This is a chilil Hashem befarhesya and meesa isn't michaper. Stop the baloney talking and get real.

How pathetic of you. Never mind your ignorance about the actual facts of the matter. How dare you hiding your disgusting views under the name of God. And to all those who insist that Smr is guilty etc and the Dina Demalchisa bs this is just blindly seeking to justify the cruel agenda by various groups against smr, instead of being Dan Lkaf Zechus a fellow jew. Hitler and all the blood liables would have also been justified according to your way of thinking.

42

 Aug 05, 2010 at 05:08 PM Lucky Says:

Now that we understand the judge broke the law, how about going after the judge and making an arrest ?

43

 Aug 05, 2010 at 05:15 PM Sherree Says:

Lets not forget that had the Judge not started the whole thing, and got the ball rolling SMR would not be guilty of any of the charges levied against him!!!! They set him up for a fall, and he fell. They went after him with a vengeance, them meaning the prosecution AND Judge Reade, and they finally nailed him to the wall. On what? On falsified invoices which they translated into BANK FRAUD and concluded that he was a Bank Robber and criminal.

Now it all makes sense, why the Judge approved that SMR could not sell his business when he had a buyer at a normal and profitable price. They waited till the business was bankrupt and then sold it for pennies on a dollar. Everything was calculated months in advance, and all with private talks behind the scenes with the judge. It wouldn't have mattered who the defense attorney was as long as Linda Reade was the Judge, the verdict was already chosen before the trial.

44

 Aug 05, 2010 at 05:20 PM Anonymous Says:

Reply to #36  
RealOMG Says:

I finally read the motion, it seems that Nat gave up on reversing on the facts of the case or the merit of the conviction, he is now grasping at straws, Nat’s press release is nothing more than a fund raiser gimmick, to leave an expression that there is some probability of success. Well based on the pleadings in the motion not the press release, I will predict that SMR will NOT succeed to get a new trial.

What do you have against SMR???? I don't know if he's guilty or innocent but I surely fargin him a second chance!!

45

 Aug 05, 2010 at 05:22 PM Everyone Says:

Reply to #36  
RealOMG Says:

I finally read the motion, it seems that Nat gave up on reversing on the facts of the case or the merit of the conviction, he is now grasping at straws, Nat’s press release is nothing more than a fund raiser gimmick, to leave an expression that there is some probability of success. Well based on the pleadings in the motion not the press release, I will predict that SMR will NOT succeed to get a new trial.

YOU PREDICT!? Seems like you really think anyone is interested in your prediction.

Nat is no child like you. This guy has a history that proves him successful. He's the guy who we trust and listen to. It would be stupid for some peace of trash like your self to even think that someone is interested in your senseless prediction.

46

 Aug 05, 2010 at 05:32 PM Liepa Says:

If this is true, and there's no reason to doubt any of it then not only should SMR be allowed out on bail until the retrial but any sentence should be for time ALREADY SERVED.

47

 Aug 05, 2010 at 05:34 PM sam n Says:

Reply to #37  
Says:

Relax. This is a Defense Press Release. Wait for all the facts before you get too excited.

You are from the wicked people who post here. Yes people should get excited we see there is hope. (Real hope not like who you voted for hope and change how's that working out for you) now go bad to your hole you bum!

48

 Aug 05, 2010 at 05:47 PM Anonymous Says:

Look, if there is a distinct possibility that SMR's original conviction can be set aside, based upon Judge Reade's failure to recuse herself from the trial, then Lewin should go for it. However, if a new trial is ordered, perhaps Lewin can make a deal with the prosecutors, and have SMR plead guilty to a lesser charge(s); hence, given credit for time already served, he might wind up with a much lighter sentence (i.e. 4-6 years). SMR should not be left to sit there 25 years, as Pollard has done. We must keep the pressure up; don't forget, that there are Congressional elections this Fall, and a Presidential election in 2012.

49

 Aug 05, 2010 at 06:01 PM Aryeh Says:

Got to agree with #48, hasn't he already served a few years since the judge didn't grant bail? Should be reduced to time served, they have already ruined the livelyhood of an entire city over what could have been avoided with corrective action, why crucify SMR?

50

 Aug 05, 2010 at 06:14 PM RealOMG Says:

Poster # 45
Everyone;
You are right Nat is not a child he is old and maybe he is losing his ability, as to my prediction, what you or others hope is totally irrelevant to the outcome of the appeals. What matters is his arguments the motion is 400 pages long and there is not an iota of prove that Judge Reade planed or even encouraged the investigation. What Judge Reade did was to plan for speedy justices for the illegal’s who would be apprehended in the future. As chief Justices that is her function. If you want to fantasize that the outcome would be in the affirmative that is ok, it’s is your dream, I shouldn’t wake you while you are having a sweet dream.

51

 Aug 05, 2010 at 06:41 PM JamesDean Says:

At least now we KNOW why the sentence did not fit the crime. The Judge was predisposed against the defendant. What the Attorney will need to prove for a new trial is the Judge's Jury instructions were somehow tainted or that the Judge suppressed evidence wrongly. He does not seem to be heading down that path so we should hope for a more reasonable sentence based upon this incredible disclosure.

52

 Aug 05, 2010 at 06:47 PM Anonymous Says:

#31
You call his a a technicality? This is corruption!!!
This Judge should not sit on the bench, but rather in jail.

53

 Aug 05, 2010 at 06:56 PM Anonymous Says:

ShatzMatz, #32

You sound like a know it all. Maybe Nathan Lewin should go for a refreshing course to ShatzMatz so he shouldn't have to be grasping on straws.
Can you explain why this "Klafte" made only a technical error, but SMR comitted a crime.
As much and as comfortibly you are trying to comfort and defend this klafte, I am sure she's having a hard time falling asleep tonight.

54

 Aug 05, 2010 at 07:00 PM Anonymous Says:

If yidin are beachdos as we saw. the rally, the yeshea comes fast

55

 Aug 05, 2010 at 07:08 PM Anonymous Says:

Reply to #36  
RealOMG Says:

I finally read the motion, it seems that Nat gave up on reversing on the facts of the case or the merit of the conviction, he is now grasping at straws, Nat’s press release is nothing more than a fund raiser gimmick, to leave an expression that there is some probability of success. Well based on the pleadings in the motion not the press release, I will predict that SMR will NOT succeed to get a new trial.

Its become National News and is all over the internet.

Even The WSJ is reporting it.

56

 Aug 05, 2010 at 07:09 PM RealOMG Says:

Poster # 44

I personally pray that somehow a miracle should manifest and SMR is free or at a minimum his sentences is reduced, but that is prayer, which constitute a miracle which is possible but unlikely.

57

 Aug 05, 2010 at 07:16 PM RealOMG Says:

Poster # 43
Sherree; as always you just lie to further your agenda, which is that SMR is a martyr. You repeat the same lies again and again, but that will not change the facts of the case that Judge Reade didn’t have anything to do with the investigation or the raid, she just did her job as the chief justice, to worked out the logistical issues. Nat on the other hand is just doing what a good advocate suppose to do but you don’t need to perpetuate a lie.

58

 Aug 05, 2010 at 07:18 PM Anonymous Says:

she should be Fired today

59

 Aug 05, 2010 at 07:19 PM Anonymous Says:

Reply to #50  
RealOMG Says:

Poster # 45
Everyone;
You are right Nat is not a child he is old and maybe he is losing his ability, as to my prediction, what you or others hope is totally irrelevant to the outcome of the appeals. What matters is his arguments the motion is 400 pages long and there is not an iota of prove that Judge Reade planed or even encouraged the investigation. What Judge Reade did was to plan for speedy justices for the illegal’s who would be apprehended in the future. As chief Justices that is her function. If you want to fantasize that the outcome would be in the affirmative that is ok, it’s is your dream, I shouldn’t wake you while you are having a sweet dream.

To all people commentating negatively about SMR and only hoping that he remains guilty and believe that he is actually guilty and so on...they are definatley not orthodox jews,probably don't daven 3 times a day,don't put on tfilin every day,don't eat only kosher,don't keep shabbes,and do not follow purity of family (taharas hamishpoche)laws.That is the ONLY explanation I have as to why these people are so persistant in their claim that SMR is guilty.You can argue all you want,but if you do not have racmunes (mercy) on a fellow jew,and you kind find any reason to his innocene,than I am sure of what I said before,that you definatley are not an orthodox jew.

60

 Aug 05, 2010 at 07:22 PM Mr Says:

Yup teffilos and $$$$ helped hey !

61

 Aug 05, 2010 at 07:23 PM Anonymous Says:

To omg no I'm going to hold no bars a person like you is clearly not a qualified or good lawyer because I being a criminal defense lawyer for only 7 years now can clearly see that judge reade presided over the case unjustifiably there for either keep your fidgety fingers of the keyboard or write something intelligent

62

 Aug 05, 2010 at 07:26 PM Chaim Says:

Reply to #50  
RealOMG Says:

Poster # 45
Everyone;
You are right Nat is not a child he is old and maybe he is losing his ability, as to my prediction, what you or others hope is totally irrelevant to the outcome of the appeals. What matters is his arguments the motion is 400 pages long and there is not an iota of prove that Judge Reade planed or even encouraged the investigation. What Judge Reade did was to plan for speedy justices for the illegal’s who would be apprehended in the future. As chief Justices that is her function. If you want to fantasize that the outcome would be in the affirmative that is ok, it’s is your dream, I shouldn’t wake you while you are having a sweet dream.

You are obviously a bitter unhappy miserable mean excuse for a human being.
Of course all of this hype is based on hope for a happy outcome, but somehow one can clearly read between your lines that you WANT" SMR to rot in prison forever.
Let me ask you, are you that pious? Do you never go over the speed limit? Do you report every penny to the IRS? How do you pay your cleaning lady?
It is clear that this judge wanted to GET him, no matter which way you would like to spin it. Yes- he committed crimes, but the punishment does not match the crime.
Have a heart for gods sake

63

 Aug 05, 2010 at 07:37 PM judge only lechaf zchus Says:

Look up what the Rambam brings in hilchos isurei beeo, chapter 19 halochos 15,16,17 about the Jewishness of people that display cruelty and judging the way some people are not being dan lechaf zchus etc. Basically we need to be choishesh to their jewishness

64

 Aug 05, 2010 at 07:40 PM Anonymous Says:

#39

Hitler and all the blood liables would have also been justified according to your way of thinking.

what a stupid comment. how can you compare blood libel like Jews killing children for the blood to make matzo to the smr case.

There was vast evidence against SMR, and he did hire illegals bringing a yid to trial based on evidence is something the government always does to any of its citizens. Yes, sometimes they make mistakes, and in a very few cases over many years the prosecutor was evil.

Even if what lewis says is true, does not mean the trial was not done correctly, and he does not bring any evidence of that.

so go and apologize to all Jews in the past that have been jail or killed by real blood libel.

sorry vin readers are grasping at straws, to get a yid who committed fraud off.
according to you and many other readers I bet you you think the other rubaskins who sat in jail where also just framed.

Get over it, some yiddin do commit crimes I know it is hard for you to fathom, but anybody who went to a yeshiva knows the capacity of frum rebbies to commit fraud.

65

 Aug 05, 2010 at 07:56 PM Anonymous Says:

Reply to #31  
Anonymous Says:

getting off on a technicality does not make him innocent. oj also got off from a technicality.

Did Rubashkin murder someone, You Rusha !!!!

66

 Aug 05, 2010 at 08:13 PM charliehall Says:

This is grasping at straws. This doesn't seem like much different than making sure that the court could handle the workload. And in any case, our Lock 'Em Up And Throw Away The Key federal justice system is almost never sympathetic to technicalities like this. We need more liberal judges!

67

 Aug 05, 2010 at 08:19 PM M R Says:

Reply to #10  
Anonymous Says:

Now, people should stop asking where our big money went.. The askunim know good how to use it..

U bet ! Will she go to jail ??? I hope so

68

 Aug 05, 2010 at 08:27 PM RealOMG Says:

Poster # 61
You are right that I am not qualified to practices in front of the bar. But like it or not, I am qualified to have an opinion. As for your claim that you are a criminal defense lawyer, if that is true, I am not judging the veracity of your claim, but, I feel for your clients, you don’t have the wherewithal, to string together one cohesive sentence.

69

 Aug 05, 2010 at 08:38 PM Anonymous Says:

Grasping at straws?! Only a technical erorr?!

Come on! She was supposed to be the Judge, and everyone knows that Judges should not be on one side. When they are to start a hearing. She was presenting the law, not prosecuting! However as it seems, she was here to make sure that Rubashkin is jailed, not to rule between right and wrong.

70

 Aug 05, 2010 at 08:42 PM Anonymous Says:

Just a thought. How many of you think that "RealOMG is non other then Judge Reade Ym"shm herself?

71

 Aug 05, 2010 at 08:44 PM RealOMG Says:

Poster # 62
Chaim;
Where do you practice Psychology? You got it all figured out. I am miserable, and therefore, I want SMR to be sitting for the next 26 years in the clink-link.
As to my tax returns, you see I don’t work in a Hasidic environment, you see in my line of work every penny is reported to the IRS. Past that I am married and we don’t use a cleaning lady, my wife and I share the cleaning duties. I love to show my children that you use your own hands to clean. Both of my children, when they come home from college, they clean their rooms. Finally when I drive over the speed limit, and if I get caught, I pay the fine. I don’t try to get you and all others, to say that the cop was an anti-smite.

72

 Aug 05, 2010 at 08:49 PM Anonymous Says:

#59
You can argue all you want,but if you do not have racmunes (mercy) on a fellow jew,and you kind find any reason to his innocene,than I am sure of what I said before,that you definatley are not an orthodox jew.


neither does one have to be a fool you cam daven 100 times a day if a yid commits a crime he is guilty. Even this appeal does not claim not guilty.

yes if there is no evidence just an accusation then one can say dan lechaf zchus.

but once evidence is provide then dan lechaf zchus does not apply since we now know he is guilty.

just one more thing, stealing and committing fraud is also against the Torah, but it seems our holy yiddin always forget that or say well everybody else does it. well everybody else drives a car on shobbos

73

 Aug 05, 2010 at 08:52 PM waste of time Says:

All these nuts posting very harshly against SMR are not Jewish or even claim to be, they are part of Peta, do not bother answering..I am surprised vin is allowing comments
from goyim. to disagree is one thing but just look at rishus, they have some agenda as the judge.

74

 Aug 05, 2010 at 09:02 PM bigwheeel Says:

Poster # 31; (l"h) OJ got off on a technicality because a jury of his peers had compassion for one of their own. Which is more than I can say for you. Also, like some other posters observed "Are you so squeaky clean"?!

75

 Aug 05, 2010 at 09:06 PM cool masmid Says:

Reply to #34  
BPHocker Says:

If this news is true, which I am sure that the defence is just posing this there way and the truth is somewhere else, it still doesn't change the fact that on truth of the case which is the eitzem charges of stealing and making illigle workers work for less than minimum wage that Rubashkin is 1000 persent gilty. This is a chilil Hashem befarhesya and meesa isn't michaper. Stop the baloney talking and get real.

What a loser. I'm not going to be critical of your warped mind as I left that for others. But even as you try to have us believe in what you have to say, how pathetic that you can't spell a word. So get off the freekin internet and learn to spell then learn a lot of mussar cos you are clearly someone that has a lot of problems.

76

 Aug 05, 2010 at 09:09 PM Anonymous Says:

Reply to #64  
Says:

#39

Hitler and all the blood liables would have also been justified according to your way of thinking.

what a stupid comment. how can you compare blood libel like Jews killing children for the blood to make matzo to the smr case.

There was vast evidence against SMR, and he did hire illegals bringing a yid to trial based on evidence is something the government always does to any of its citizens. Yes, sometimes they make mistakes, and in a very few cases over many years the prosecutor was evil.

Even if what lewis says is true, does not mean the trial was not done correctly, and he does not bring any evidence of that.

so go and apologize to all Jews in the past that have been jail or killed by real blood libel.

sorry vin readers are grasping at straws, to get a yid who committed fraud off.
according to you and many other readers I bet you you think the other rubaskins who sat in jail where also just framed.

Get over it, some yiddin do commit crimes I know it is hard for you to fathom, but anybody who went to a yeshiva knows the capacity of frum rebbies to commit fraud.

Perhaps you should familiarise yourself with the facts SMR was not convicted with employing illegals and most other charges were also dropped against him. Many in the legal community are astonished not just with the harsh sentence but with the entire case from begining to end. In the end they found a crime, they blew it up and framed it against him. Now clearly there is an agenda behind all this and its very likely that that agenda contains a streak of anti semitism. No one claims that SMR did not commit a crime the question is whether the line was drawn around the target which increasingly seems to be the case on an enormouse scale. That is why i stand by the comparison between SMR and the blood liables. Our enemies always found some minor crimes to justify the persecution of the jewish nation. So yes jews do commit crimes but it pains me to see fellow jews like you jumping on the band wagen of the soinay yisrael and rushing to justify their actions rather then to find a Zechus on a yid.

77

 Aug 05, 2010 at 09:52 PM RealOMG Says:

Poster # 70
Says;
Just checking who do you curse Judge Reade or me? Or both of us?

78

 Aug 05, 2010 at 09:56 PM Anonymous Says:

We still have hashem on our side!

What a kidush hashem!

79

 Aug 05, 2010 at 10:04 PM BPHocker Says:

The sad story is this is a press release released by defense, they could say the judge was caught on video taking cash from prosecuter, yet the hamoin am reads this like its news. People are too lazy to think on there own so they just believe a press release like its real.

80

 Aug 05, 2010 at 10:36 PM OnlyEmes Says:

It never ceases to amaze me to see how l'umas those who look to be don l'kaf z'chus, there remain those who will do the opposite even when it is a stretch.

81

 Aug 05, 2010 at 10:43 PM favish Says:

#77 you have prooven over and over when dealing with torah haskafa outlook your always on the other side and i'll leave it up to you and the readers to decide which side, so poster #70 is right . poster #70 doesn have to have said.,what you claim the one above will take care. see 2nd 3rd passuk in 'lech lecha'

82

 Aug 05, 2010 at 11:05 PM Dutch-Steve Says:

It always amazes me. All these pious yidden cursing and name calling people who express an opposing opinion. This is a place to express each other's ideas and beliefs. However, when these holier than thou people choose to belittle others because of a difference of opinion, that's not how I was taught Torah observant Jews behave.

Please consider YOUR behavior prior to publicly belittling or resorting to name calling.

83

 Aug 05, 2010 at 10:56 PM anon Says:

Attention everyone,look how yeshuos hashem keherf ain!!its a lesson in life,when it looks like its the end and there's nowhere to turn or go,and u think that its the end,hashem can DO ANYTHING!whod ever thought that this could happen?did u hear his son speak?he said were not worried!he had bitachonthat hashem could save his father and beh" he will!

84

 Aug 05, 2010 at 11:45 PM jacob Says:

Senaters who were lied to should start the impeachment proceddings of this federal judge. Ethics commitee should be consulted. lets all send this articel to our senaters and to the ethics comitee of Iowa.

85

 Aug 05, 2010 at 11:58 PM Anonymous Says:

Reply to #71  
RealOMG Says:

Poster # 62
Chaim;
Where do you practice Psychology? You got it all figured out. I am miserable, and therefore, I want SMR to be sitting for the next 26 years in the clink-link.
As to my tax returns, you see I don’t work in a Hasidic environment, you see in my line of work every penny is reported to the IRS. Past that I am married and we don’t use a cleaning lady, my wife and I share the cleaning duties. I love to show my children that you use your own hands to clean. Both of my children, when they come home from college, they clean their rooms. Finally when I drive over the speed limit, and if I get caught, I pay the fine. I don’t try to get you and all others, to say that the cop was an anti-smite.

Everyone cheats the system somewhere but you very much want to pretend that you are different so ill grant you that feeling you are a very cool jew and also a very smart one even smarter then the worlds biggest attorneys. But just imagin you have been caught speeding and the officer insists on nothing less then a 5 year sentence would you say Kol Hakovod to the officer or would you perhaps agree that he picked on you? SMR was a very correct man he also paid his taxes and if went out of his way to stay in the frame of the law. But he failed to escape the very trap spreaded in front of him. And thats why we have so much symphaty to him and thats why the defence is pulling out every stop on the way to appeale the very unfair trial. And yes although we need a lot of Siyatah Dishmayah the defence team are very optimistic on the chances for appeale. Btw i hope that Hasham looks at you on Rosh Hashonoh with the same magnifying glass you feel very comfortable looking at others.

86

 Aug 05, 2010 at 11:59 PM Anonymous Says:

Reply to #82  
Dutch-Steve Says:

It always amazes me. All these pious yidden cursing and name calling people who express an opposing opinion. This is a place to express each other's ideas and beliefs. However, when these holier than thou people choose to belittle others because of a difference of opinion, that's not how I was taught Torah observant Jews behave.

Please consider YOUR behavior prior to publicly belittling or resorting to name calling.

to # 82, you write:
"However, when these holier than thou people..."
How is this not name calling?

87

 Aug 06, 2010 at 12:09 AM Anonymous Says:

To real omg
Supposedly we should all be impressed by your high vocabulary, also that your two sons go to college,and most of all that the most educated guy like you cleans your toilet yourself (which btw fits perfectly for you.

Trying to use words like dockets and saying how many pages the motion is (impressed by your knowledge)saying she is chief justice of the district, does request and require the raid should not interfere her vacation?? And no need to say that her offering her willingness to do all in her power to get him jailed is part of the chief justice of the districts duties. I am at all not impressed with your professional high vcab English using legal terms will not get you your most desired attention so desperately needed. Can't wait to see you on trial before her honor the CHIEF justice of the district maybe your collage boys will come with their goiyisha girl friends to defend you of course after they clean up their rooms

88

 Aug 06, 2010 at 12:10 AM schwartzi Says:

# 34 you are a rusha. period. and a mixed up one at that. Again,to all the "straight" people claiming dina de malchusa, if you look into dina d"malchusa it applies only when THE MALCHUSA (country) IS ALSO KEEPING ITS LAWS, in a fair and moral way. If the country or govt doesnt hold up to this principal then Dina D'malchusa does not apply. this principal is not a one way street. even the gemorra mentiones it by Yaakov Avinu,when Laven tried to scam him with the sheep. Yaakov scammed Lavan by making the sheep look at the colored sticks(* which really was not the right thing to do because Yaakov knew that by looking at the sticks the sheep will bear offspring matching those colors of the sticks) and as it says in Tehillim : im eekash tis patol. which loosely translates that with a crooked person you are allowed to be crooked too,so that you can defend yourself from.This was not the case here, not even by a long shot. I would rather call it "selective enforcement" at best. . I am not JUSTIFING doing any crime,nor exonerate SMR (and he didnt do anything terrible to warrant this type of response from a corrupt judge, BUT he is still OUR BROTHER and I will always LOVE him.

89

 Aug 06, 2010 at 12:40 AM Anonymous Says:

Reply to #84  
jacob Says:

Senaters who were lied to should start the impeachment proceddings of this federal judge. Ethics commitee should be consulted. lets all send this articel to our senaters and to the ethics comitee of Iowa.

OHHH, here comes the genius, your capacity of intellect so impresses me. Where have you been all that time.

90

 Aug 06, 2010 at 12:52 AM cool masmid Says:

Reply to #82  
Dutch-Steve Says:

It always amazes me. All these pious yidden cursing and name calling people who express an opposing opinion. This is a place to express each other's ideas and beliefs. However, when these holier than thou people choose to belittle others because of a difference of opinion, that's not how I was taught Torah observant Jews behave.

Please consider YOUR behavior prior to publicly belittling or resorting to name calling.

Its not about having a difference of opinion, its that those with 'the difference of opinion' are transgressing the biggest sins and are 100% in all that they say. And for them to be allowed to get away with spewing their hatred on a fellow yid cannot be allowed to ignored. Incidently the problem is much worse, as its very clear all those jumping on Sholom Rubashkin are doing so to convince themselves that their way of life is the proper way and they're on a mission to try and show what's wrong with the frum lifestyle and try to convince others how they are better then the frum world thus condoning their way of life. And so calling them names is the right way to tackle these creatures.

91

 Aug 06, 2010 at 01:04 AM Anonymous Says:

Reply to #68  
RealOMG Says:

Poster # 61
You are right that I am not qualified to practices in front of the bar. But like it or not, I am qualified to have an opinion. As for your claim that you are a criminal defense lawyer, if that is true, I am not judging the veracity of your claim, but, I feel for your clients, you don’t have the wherewithal, to string together one cohesive sentence.

Do you make any sense? I think that earthquakes are caused by the banging of a hammer omg your opinion needs some sort of foundation for it to take on any sort of validity and your second comment is so childish it doesn't deserve a response

92

 Aug 06, 2010 at 01:37 AM Matzoslocal101 Says:

Facts. Part 1.
For those of us that actually read and verify information this is very disturbing. Senior special agent (US ICE) David M Hoagland' s original complaint, affidavit, and request for the raid, was submitted May 9, 2008. The raid, involving 16 different government agencies, was executed 3 days later on May 12, 2008. Preparations at the Waterloo stockyards had been ongoing for several weeks prior. The May affidavit does not square with meetings in October 2007 to plan the raid. About a third of the complaint deals with information from informant #7 gathered from Nov 8, 2007- April 25, 2008. The complaint continues: In February 2008 ICE special agents obtained "no-match" information for employees at Agriprocessors during the last two quarters of 2007 and analyzed that information. The affidavit cites a March 21, 2008 Cedar Rapids Gazette article about 39 violations of state workplace safety and health standards; as well as an April 1 2008 Senate committee hearing about workplace safety in which Agriprocessors were cited by OSHA 25 times between April 2001 and February 2006.
(cont'd)

93

 Aug 06, 2010 at 02:57 AM BPHocker Says:

The word on the streets here meaning the shul chatter is that Lewin is gaping at straws now. Shouldn't the appeal be Rubashkin ran an honest business and there is no evidence he lied to the bank, there is no evidence he committed fraud and there is no evidence he didn't run his business anyway but only legal?

94

 Aug 06, 2010 at 03:25 AM RealOMG Says:

Poster # 87;
You are wrong, not everybody deliberately cheats the system, some people will stay on the narrow path, due to their religious beliefs, others because they have morals, regardless if they don’t belief in God, then you have a segment who will not engage in fraud, because they are afraid of the consequences if they are caught. Yes we are all human and from time to time we make mistakes, but the difference is I will not intentionally do an illegal act. And if I did, I should be facing the music, as the saying goes “if you cannot do the time, don’t do the crime” but people on this and other religious blogs seem to believe that as long the offender is a orthodox Jew, we most support his illegal endears.
I am not trying to impress you or anybody on this blog; you don’t know who I am, so logically how can I impress you? I will not make an issue of your lack of writing skills; it would not make me look better.
You example about speeding citation, doesn’t make any sense, to begin with, the cop would not make a decision if and what the fine should be, a judge will make that decision, based on the law, furthermore, in the SMR case the judge sentenced SMR, right in the middle of the guidelines, so your example belies the facts of the case. Regarding Judge Reade’s conduct, you would not be able to cite, even one example, were the Judge did anything illegal, or unethical. Do not cite the press release, go to the motion and point to us to the smoking gun, after studying the exhibits, I am convinced that the Judge acted in accordance her job requirements, and any arbitrator of facts will find the same.

95

 Aug 06, 2010 at 03:38 AM RealOMG Says:

Poster # 91
If you want to believe that earthquakes is a result of your banging with a hammer, that is ok with me, you have your right to your opinion, regardless how dimwitted it is, the rest of the post, I cannot decipher, As I wrote before, you don’t have the ability to express in writing your thoughts.

96

 Aug 06, 2010 at 06:16 AM Matzoslocal101 Says:

Facts. Part 2.
(Cont'd)
(Realistically speaking, the work safety, and OSHA violations should carry no weight in request to search for illegal immigrants. Especially in light of the fact that the most recent OSHA violation cited was over two years previous.) The complaint mentions that between 2004-2007 nine individuals associate with Agriprocessors ran into trouble with the law in Postville and they were found to be illegals. Doing the math, we find that an average of 3 people a year, or less than 0.3% of Agriprocessors workforce A) got into trouble with the law; B) Were found to be illegal aliens.How this would be even supporting justification for a raid on a facility of over 1000 employees baffles me. The complaint continues and mentions the May 2006 arrest of 3 indiviuals with a "potential explosive device" in their car. Agriprocessors mechanical shop was deemed the likely source of materials. Source #1 states he/she was employed from 2005-2006 and alleges there was a methamphetamine lab on the premises, and weapons were carried, but "wasn't sure if they were being traded for drugs or sold."
(Cont'd)

97

 Aug 06, 2010 at 06:35 AM Matzoslocal101 Says:

Facts. Part 3
(cont'd)
Despite allegations of bomb making, weapons trading and drug production, Neither the Bureau of Alcohol Tobacco and Firearms (BATF) nor the Drug Enforcement Agency (DEA) or any other drug agency, were among the 16 state and federal agencies taking part in the raid. That means despite mentioning these allegations in the complaint as a basis for the raid, (also immaterial to illegals working there) the government really didn't believe them. Sholom Rubashkin is the only person mentioned by name in the complaint: "owned by the Rubashkin family, one of which is Sholom Rubashkin"; "...."whose registered agent is Sholom Rubashkin." While the complaint alleges the HR manager and "supervisor C" were aware of illegals working at the plant, it never says that Sholom Rubashkin was aware of such activity. In short, it seems that Judge Reade was involved in the decision to raid Rubashkin in October 2007, even though the bulk of the complaint deals with information and investigations conducted after that. It amounts to "We've decided to prosecute, now lets build a case."

(cont'd)

98

 Aug 06, 2010 at 07:16 AM Matzoslocal101 Says:

Facts. Part 4
(Cont'd)
In defense of the prosecution of Sholom Rubashkin, the US attorney office, Northern District of Iowa released a June 22, 2010 "Letter to the editor" written by Stephanie M. Rose.(available on the ICE.GOV website, search "Stephanie M. Rose.") Stating that the raid was carried out on May 12 and "By May 22, 2008, 306 illegal workers had pled guilty to their immigration- or document-related offenses. The prosecution of the illegal workers was complete. The prosecution of those who preyed upon those workers had just begun.
Over the next 18 months, hundreds of witnesses were interviewed. An intensive investigation substantiated crimes known in May 2008 and revealed many more unknown crimes. Steadily, the case against Agriprocessors, Sholom Rubashkin, and others was built."
The writer continues with self righteous indignation that they remained silent afte the Nov 12, 2009 conviction of SMR despite being called racists, Nazis and zealots. and tries to clarify the "actual" conditions of the raid and humanitarian considerations made during and after.
(cont'd)

99

 Aug 06, 2010 at 07:31 AM Matzoslocal101 Says:

Facts. Part 5.
(cont'd)
The writer continues:
Second, the enforcement action was critical to the successful prosecution of Rubashkin and other management employees at Agriprocessors. These cases could not have been effectively prosecuted if the illegal workers had not been arrested and detained. Not one unarrested illegal worker ever came forward to assist law enforcement."
(the original complaint cites 12 informants, all of whom had been arrested at one time or another, who received some kind of compensation or benefit for testifying against Agriprocessors. Informant #7 received a "living expenses, rent, transportaion cost, and to compen for loss of wages due to the wage disparity from source #7 prior job, while providing information for this operation.) BTW, source #7 claimed that between Jan 25 -February 1, 2008, that his rent was increased twice. (#7 was paid by Agri + the difference between that and his previous job + plus "rent and living expenses")

In short, Linda Reade's Oct 2007 meetings were in order plan the raid, the raid was in order to build a case against Rubashkin.

(cont'd)

100

 Aug 06, 2010 at 07:46 AM Matzoslocal101 Says:

Facts. Part 6.
(con't'd)
The writer continues:
"Third, Rubashkin absolutely personally profited from his crimes. The jury never found otherwise. Uncontroverted evidence at trial showed that, during just the two years immediately preceding May 2008, Rubashkin funneled about $1.5 million from Agriprocessors’ accounts to his personal bank accounts. Hundreds of thousands of those dollars paid his personal credit card bills, remodeled his home, paid his taxes, paid his personal mortgage, bought jewelry and silver, and made his car payments."

Please note, unlike every other prosecution for such offenses, there was never any allegations or charges of income tax evasion. What the agent is saying above, is the CEO of the largest kosher meatpacking company in the world made an annual salary of 750K. Neville Isdell, the CEO of Coca Cola made $31.89 Million in 2007. Home Depot CEO, Francis Blake made $8.3 Million in 2007. So what?
(cont'd)

101

 Aug 06, 2010 at 07:59 AM Matzoslocal101 Says:

Facts. Part 7
(Cont'd)
US Attorney, Stephanie M. Rose, then sums up her letter to the editor with following:

"But the jury found the truth – that Rubashkin knowingly employed illegal workers and committed a $26 million bank fraud. He is a common criminal who committed uncommon crimes."

Perhaps I missed something, but I don't recall SMR ever standing trial for, or being convicted of, knowingly employing illegal workers. In fact, his greatest defense at such a trial might have been the original complaint that cites many many instances of people, including the informants themselves, being denied employment because they could not furnish proper documentation.

Ms Rose's allegation that whole raid was necessary in order to detain illegals to build the case against SMR also falls short because the only case prosecuted by the Feds was the bank fraud and how many of the illegals arrested at Agri could read English, much more so have any knowledge that was useful to the prosecution of the bank fraud charges stemming from paperwork that SMR submitted to his lender? The letter to the editor is more of an indictment of the Feds than a defense.
--end---

102

 Aug 06, 2010 at 06:17 AM Anonymous Says:

Reply to #1  
Mrs_Boro_Parker Says:

Keep up the Tehillim, the Kinus, whatever it takes - "JUSTICE WILL PREVAIL"

There will be a long line of people that may have ask mechilla from Sholom Modche

No one Jewish needs to ask "mechila" of rubashkin as it is people have gone too far in protecting and defending the rubashkins. Yes he doesn't deserve 27 years , no he is not exactly a lamed vav tzaddik. Finally mrs boro park where does a mrs. Have soo much time to comment on every story, your husband will be hungry this shabbos go back to the kitchen.

103

 Aug 06, 2010 at 08:46 AM Anonymous Says:

To #102- Your comment that "Mrs. Boro Park should go back to the kitchen, as your husband will be hungry this Shabbos", was a typical sexist, demeaning, and degrading statement. First of all, Mrs. Boro Park has every right to comment, as do you. She doesn't need your permission. Secondly, if "Mr. Boro Park" is hungry, he knows where the kitchen is, and can help himself. This is not Saudi Arabia, where the men are the boss, and can just snap their fingers to get what they want!

104

 Aug 06, 2010 at 08:55 AM RealOMG Says:

Poster # 87;
Part # 1
You are wrong, not everybody deliberately cheats the system, some people will stay on the narrow path, due to their religious beliefs, others because they have morals, regardless if they even don’t belief in God, then you have a segment who will not engage in fraud, because they are afraid of the consequences if they are caught. Yes we are all human and from time to time we make mistakes, but the difference is I will not intentionally do an illegal act. And if I did, I should be facing the music, as the saying goes “if you cannot do the time, don’t do the crime” but people on this and other religious blogs seem to believe that as long the offender is a orthodox Jew, we most support his illegal endears.
I am not trying to impress you or anybody on this blog; you don’t know who I am, so logically how can I impress you? I will not make an issue of your lack of writing skills; it would not make me look better.

105

 Aug 06, 2010 at 08:56 AM RealOMG Says:

Poster # 87;
Part # 2
You example about speeding citation, doesn’t make any sense, to begin with, the cop would not make a decision if and what the fine should be, a judge will make that decision, based on the law, furthermore, in the SMR case the judge sentenced SMR, right in the middle of the guidelines, so your example belies the facts of the case. Regarding Judge Reade’s conduct, you would not be able to cite, even one example, were the Judge did anything illegal, or unethical. Do not cite the press release, go to the motion and point to us to the smoking gun, after studying the exhibits, I am convinced that the Judge acted in accordance her job requirements, and any arbitrator of facts will find the same.

106

 Aug 06, 2010 at 09:30 AM Anonymous Says:

Reply to #103  
Says:

To #102- Your comment that "Mrs. Boro Park should go back to the kitchen, as your husband will be hungry this Shabbos", was a typical sexist, demeaning, and degrading statement. First of all, Mrs. Boro Park has every right to comment, as do you. She doesn't need your permission. Secondly, if "Mr. Boro Park" is hungry, he knows where the kitchen is, and can help himself. This is not Saudi Arabia, where the men are the boss, and can just snap their fingers to get what they want!

Ok Gloria Steinem. I understand that we are in the 21 st century and things have changed and i applaud that women are equal in most modern societies but in case you have looked around you, in our charedi frum community things are still back in the dark ages. So live with it.Now go back to the kitchen whip up something nice.

107

 Aug 06, 2010 at 10:31 AM RealOMG Says:

Matzoslocal101:
Part # 1;
Before I debunk your work, let me acknowledge you nice and cohesive work, without a doubt, this is a good piece of work. Now that I finished with the pleasantries, let me get to the point and illuminate you.
Based on the law as promulgated by the IRS, in the Safe Harbor Procedures for Employers Who Receive a No-Match Letter DHS Docket No ICEB 2006-004, as of 2006, if the employer doesn’t take steps to reply to the no match letter, it is deemed that they made a conscious decision to employ illegals. Based on this rule, there would be enough probable cause to raid the place. All other assertion is irrelevant and even if the outcome of the raid didn’t produce a signal illegal, it was still considered a legal search, and if ICE discovered a death body, and the coroner ruled it a homicide, the police would still try to ascertain who the perpetrator is, and remand him.

108

 Aug 06, 2010 at 10:34 AM RealOMG Says:

Part # 2;
I feel that I need to touch on one point that you try to make. In part six of your essay you are trying to justify, the 1.5M dollars that SMR *diverted* from companies funds for personal use. With the argument that other CEO makes far more in compensation, you are correct, but what you fail to mention that they negotiated that sum, but SMR diverted the said sum, and that was beyond his contracted payroll. If you asked so what, it is a private company. The answer is yes, but in reality you cannot drain your own company’s assets, while you own the bank 37M dollars. Furthermore, if you look at the earning of the CEO’s you cited, you will notice that the pay they made was mostly stock options, not cold hard cash. And if you declare bankruptcy the trustee would look into this type of behavior. The bottom line is, if a police officer stops a car, because the backlight was not working and when he talked to the driver he noticed that a death body is on the floor wedged between the front and back seat, no sane person would argue that he should not be prosecuted for murder if it is warranted. End

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 Aug 06, 2010 at 11:18 AM favish Says:

#106 your not original, reform etc. way before have taken up this slogan and said the torah etc is not for the 19, 20 centuries...by the way what is an anti torah doing posting on this site?

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 Aug 06, 2010 at 11:32 AM Anonymous Says:

It is clear now what the level of observance of the SMR apologists actually is. The below comment (#59 above) shows what a religious Jew has to say about anyone who disagrees with his opinion.

I am PROUD to be a member of the frum community with people like this representing frum opinion.

Chas Vesholom a non-frum person sees this and reprints it for the world to see how uneducated, intolerant, and anti_Torah values the frum community has become.

"comment #59 says:

To all people commentating negatively about SMR and only hoping that he remains guilty and believe that he is actually guilty and so on...they are definatley not orthodox jews,probably don't daven 3 times a day,don't put on tfilin every day,don't eat only kosher,don't keep shabbes,and do not follow purity of family (taharas hamishpoche)laws.That is the ONLY explanation I have as to why these people are so persistant in their claim that SMR is guilty.You can argue all you want,but if you do not have racmunes (mercy) on a fellow jew,and you kind find any reason to his innocene,than I am sure of what I said before,that you definatley are not an orthodox jew."

111

 Aug 06, 2010 at 11:46 AM Amem Says:

Reply to #77  
RealOMG Says:

Poster # 70
Says;
Just checking who do you curse Judge Reade or me? Or both of us?

Amen to both.

112

 Aug 06, 2010 at 01:36 PM RealOMG Says:

Poster # 111
Amem;
I am glad that I was able to draw you out, and expose your real self; I am not interested to hold a conversation with a vile person like you. This was for the benefit of the readers, who might be blinded by the fact that you are a SMR staunch supporter. The apple might be red and shiny on the outside,with a wax application, but the inside is rotten to the core.

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 Aug 06, 2010 at 01:59 PM RealOMG Says:

Matzoslocal101:
You wrote “Perhaps I missed something, but I don't recall SMR ever standing trial for, or being convicted of, knowingly employing illegal workers. In fact, his greatest defense at such a trial might have been the original complaint that cites many {many} instances of people, including the informants themselves, being denied employment because they could not furnish proper documentation.”
Actually indeed you did miss; one of the integral elements was that SMR signed off on the loan documentation, that the company was in compliance of all federal, state and local laws, based on testimony during the trial, the jury found that the company employed illegal’s and therefore SMR falsely signed off on the documentations.
Finally your argument, that nobody, from Agri was tried for the employment of the 371 illegals, therefore what? Are you looking to hang a new albatross on SMR’s neck? Do you want the Feds to charge him again and go to trial? Don’t you understand that they dismissed the charges without prejudice, making this reopening of the case possible.

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 Aug 06, 2010 at 05:25 PM Anonymous Says:

Reply to #59  
Anonymous Says:

To all people commentating negatively about SMR and only hoping that he remains guilty and believe that he is actually guilty and so on...they are definatley not orthodox jews,probably don't daven 3 times a day,don't put on tfilin every day,don't eat only kosher,don't keep shabbes,and do not follow purity of family (taharas hamishpoche)laws.That is the ONLY explanation I have as to why these people are so persistant in their claim that SMR is guilty.You can argue all you want,but if you do not have racmunes (mercy) on a fellow jew,and you kind find any reason to his innocene,than I am sure of what I said before,that you definatley are not an orthodox jew.

to poster of moronic comment #59 (below):

So let me understand: Your belief is that anyone who thinks Rubashkin is guilty is definitely not orthodox, eats traif, doesn't put on tfillin, doesn't keep shabbos and ignores taharas hamishpocha, right?

So that means, according to you, since Rubashkin admitted his guilt on some of the charges, you are now going to stop keeping kosher and keeping Shabbos, stop putting on tfillin and keeping taharas hamishpocha, and stop being Frum?

Do you have the slightest idea how stupid you are?

To all people commentating negatively about SMR and only hoping that he remains guilty and believe that he is actually guilty and so on...they are definatley not orthodox jews,probably don't daven 3 times a day,don't put on tfilin every day,don't eat only kosher,don't keep shabbes,and do not follow purity of family (taharas hamishpoche)laws.That is the ONLY explanation I have as to why these people are so persistant in their claim that SMR is guilty.You can argue all you want,but if you do not have racmunes (mercy) on a fellow jew,and you kind find any reason to his innocene,than I am sure of what I said before,that you definatley are not an orthodox jew

115

 Aug 06, 2010 at 05:28 PM Anonymous Says:

Reply to #59  
Anonymous Says:

To all people commentating negatively about SMR and only hoping that he remains guilty and believe that he is actually guilty and so on...they are definatley not orthodox jews,probably don't daven 3 times a day,don't put on tfilin every day,don't eat only kosher,don't keep shabbes,and do not follow purity of family (taharas hamishpoche)laws.That is the ONLY explanation I have as to why these people are so persistant in their claim that SMR is guilty.You can argue all you want,but if you do not have racmunes (mercy) on a fellow jew,and you kind find any reason to his innocene,than I am sure of what I said before,that you definatley are not an orthodox jew.

What is wrong with you people?

Do you seriously need to write six- and seven-part comments?

Do you understand that this is a jewish news site, not a lecture series?

If you want to debate, join a club. We are not interested in philosophy, law or halacha classes given by amoratzim.

If you can't make your point in a few short sentences, don't clog up this site with your narishkeit.

116

 Aug 08, 2010 at 02:15 PM Sherree Says:

ROMG #57, thank you, now you proved that you are deaf, dumb and stupid. No matter what proof is shown to you, you will choose to believe what you have CHOSEN to believe. This READE is as corrupt and prejudicial as they come. SHE wanted to get SMR for 6 months before the raid even happened and offered to help the prosecution any way she could. This is all disclosed in emails and written documentation that was just disclosed. ALL these documents were requested before the trial and was finally released after being sued under the Freedom of information act.

If they had nothing to hide, why did they not release this information when originally asked? Give it up. The truth has finally come out. The documents will be released to the public for all to see. The Judge will probably be impeached and will face the consequences she deserves. SHE is probably a PETA supporter and believed the videos she saw.

Thank you so much for accusing ME of lying. May I compliment you as well and say that you just can't see the truth even if it is placed right under your nose. I guess you just can't admit that you were wrong all along.

117

 Aug 08, 2010 at 06:59 PM Anonymous Says:

Can someone explain to me how Judge Reade's failure to recuse herself from the case makes SMR innocent?

It may be possible that the judge should have recused herself, but the judge did not find SMR guilty, the jury did. Why is everyone claiming that this proves SMR innocent?

Under the best of circumstances, this may be enough of a technicality to require a retrial, but there is a huge difference between being innocent and being found not guilty.

I assume that since this is not a question that deifies SMR, it will probably be censored by VIN, as usual.

118

 Aug 08, 2010 at 10:51 PM Matzoslocal101 Says:

#107
RealOMG,
I really shouldn't even waste my time but...
Your comment:
"Based on the law as promulgated by the IRS, in the Safe Harbor Procedures for Employers Who Receive a No-Match Letter DHS Docket No ICEB 2006-004, as of 2006, if the employer doesn’t take steps to reply to the no match letter, it is deemed that they made a conscious decision to employ illegals."

That is correct. But the same letter also says that employer cannot fire the employee. The employee is given 60 dyas to produce proper documentation and another 45 days after that. Concurrent with the situation at Agri, there was another federal trial (Names slip my memory) in which the judge put the law on hold pending his decision. If you read the original complain there are many references to letters that Agri sent out stating there was a problem and requesting proper documentation. Agri did take steps to rectify the matter.

As a side note, your two references to "a death body" as opposed to a dead body, leads me to believe that you are not a native English speaker. Pakistan, maybe?

119

 Aug 08, 2010 at 11:11 PM Matzoslocal101 Says:

#108 RealOMG,
"I feel that I need to touch on one point that you try to make. In part six of your essay you are trying to justify, the 1.5M dollars that SMR *diverted* from companies funds for personal use. With the argument that other CEO makes far more in compensation, you are correct, but what you fail to mention that they negotiated that sum, but SMR diverted the said sum, and that was beyond his contracted payroll."

I did not try to argue that it was justified because other CEOs made more. I was simply giving examples of CEO compensation. I am unaware that the 1.5 million was above and beyond his contract payroll , and I am unaware of any embezzlement or tax evasion charges that usually accompany the illegal syphoning of company assets.

#113,
That was actually one of 99 charges filed in Dec(?) 2008. They claim he certified the company was compliance with the law when he knowingly employed illegal aliens." as stated, the charges assumes prior that he is guilty of knowingly employing illegals and therefore guilty of miscertifying compliance. This was long before the "18 month investigation" was near complete.

120

 Aug 08, 2010 at 11:23 PM Matzoslocal101 Says:

To those that state "the evidence shows SMR is guilty, what difference does it make what the judge knew?"

The difference is that the judge steers the trial. She decides what evidence is admissible and and what not, which testimony can be heard and which not. If it can be demonstrated that the judge is prejudiced and may have denied admission of evidence or testimony beneficial to the defendant, the can be a call for a mistrial/ retrial.

As far as SMR having to face an additional seperate trial of knowly employing illegals, I believe he would fare quite well at such a trial. After the feds threw the book at him, including an 80 year old law that was never tried before, do you think they dropped the illegal alien trial out of the goodness of their hearts? Read the original complaint. There are dozens of instances mentioned where illegals, inlcuding the informants themselves, are denied employ because they didn't have proper documentation. They dropped it because they realized they would probably lose.

121

 Aug 11, 2010 at 08:43 PM Anonymous Says:

Recent reforms to FOIA now require the government to explain why certain information has been redacted (blacked out), They need to very clearly give you the statutory basis for the blackout. However, it is known that the government uses tactics to enable them the withholding of information. One tactic is to cite one of several legal exemptions that allow for redactions, and then black out much of the information released.

For example, when FOX Business sought information about the bailout of the U.S. financial system last fall from the Treasury Department and the Federal Reserve, the Treasury and the Fed fought the FOIA requests so FOX sued. However, a federal judge ordered the release of some documents from Treasury. The hold back some information.The Treasury and the Fed, citing attorney-client privilege, then blacked out a huge amount of information.

I hope the defense team can get their hands on that redacted information.

122

 Sep 19, 2010 at 10:54 PM ANTON Says:

A judge such as this who does not recuse themselves is like an iceberg. There is a whole lot more corruption and it is ongoing and we have yet to see it. Warnings of not writing to this judge regarding ones concerns are indicative of a history of abusing power. Papers of impeachment should be drawn up. They would best come from another Justice who is on the side of judicial transparency.
Weather the accused is guilty of anything pales in regards to the numbers of re-indictments. These alone are indicative of a badly managed case that has departed from prosecution and entered the realm of persecution. The style is known as the shotgun affect. Throw in so many charges that their very number satisfies implied guilt to the jury. Usually such cases against business men end with a plea bargain and never enter the trial stage. This went to trial for the real purpose of premeditated sentencing. What is abundantly clear is collusion between the DA’s office and the lending bank to add structure to the bankruptcy in such a way as to amplify the total loss. It would appear that the padding of the receivables which increased collateral was in fact known to the bank officers. The officers and likely the president of the bank faced prosecution for aiding and abetting the alleged on paper fraud and were left no choice but to agree/cooperate with the DA’s strategy of amplifying the loss amount. Had they been charged the jury would have heard of the shared knowledge that resulted with increased profits to the bank. Evidence that the Feds and the DA collude to fabricate such a prosecution is probably supported by the jury selection. The Feds were only concerned that the Jurors have little or no knowledge of fiduciary duty or control. Such knowledge would have interfered with that Banking practice known as risk which often can blur the line regarding any criminal intent.

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