Brooklyn, NY – Supporters of Sholom Rubashkin asked, this week, for more signatures on an on-line White House petition calling for an investigation into allegations of prosecutorial and judicial misconduct in Rubashkin’s appeal of a 27-year sentence for fraud in connection with the operation of the Agriprocessors kosher meat-processing plant in Postville, Iowa.
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While the petition’s more than 50,000 signatures represent ten times the number originally required for presidential consideration, Rubashkin’s backers say a last push before Saturday’s deadline was needed to show that people are taking the matter seriously.
A request for a probe into the case has been made by 47 Members of the House of Representatives, as well as 75 law professors and former federal attorneys, including three former Deputy Attorneys General.
Maybe I’m missing somthing but why would the administration care about a petition signed by 50,000 SMR supporters who would probably not vote for Obama anyway. Yidden need to use their political capital very strategically and not waste it on someone who knowingly violated the law and is a convicted felon. Yes, the sentence is probably too long but this obecssion with SMR is too much.
what is next
Let me be the one who will pour water on this petition. The fact is that during the oral argument in the appellate court, the Chief Judge asked Lewin if he could cite even one for example were there was any misconduct by the Judge or prosecution. Lewin explicitly stated that no he could not cite even one alleged misconduct. How is it possible that 50,000 ill-informed signers just signed a petition to the President of the United States imploring that he opens an investigation into the alleged Judges’ misconduct?
Nebech. More false hope as the lawyers get rich quick and have the chutzpah to tell him to be strong and not show any sign of remorse.
# 2 and # 3- think if you would have said the same if it had been your brother/father that got a 27 year sentence for such a crime. Yes, he didn’t work in a lawful manner so fine him tons, but 27 years behind bars is outrageous!
to # 2 and #3 before any of u comment and share Ur opinion u guys should check the facts about this case are u joking that Nat lewin culdent find something to answer there are plenty of misconduct and anyhow lets just say that he is guilty on all accounts 25 years ? does that make sense he shuldent get more then 5 years do u know the government could go and find u guilty on at least 60 accounts on what u do on a day to day life u know u cant cross in the middle of the street etc… and to #3 y shuldent we do what were doing this Jew will be in prison for 25 years CV does it not make sense to try and free him earlier when he deserves it and now to end off just to look at the positive look 50 thousand people signed mostly Jews look at this achdus y be negetave when Jews are trying to do good and get this guy out earlier and BTW if u know this man he helped soo many people he has a heart of gold and always had a open house
As much as I hope Smr goes free, I don’t like the way in which he is doing it.
The supreme court is unlikely to take a case which might have had malicious prosecution. It is not a monumental issue of great national importance that the supreme court would be interested in.
On the other hand, heavy sentence for white collar crime is very significant. A life sentence for lying to a bank? This is disturbing and is worth of us supreme court action. With this, smr’s struggle can help many people and many Jews similarly situated facing a disproportionate jail sentence for an exercise in poor judgment which may have been caused by the need to pay high tuition or G-d knows what else.
A vendetta against the judge and prosecutors, however, is unlikely to succeed IMHO.
Guys What your opinion about the smr case is for this specific drive it should’nt matter. They arent asking for your endorsment they are asking only that the exacutive branch should take a fair look into the case. And for that they need 23 minutes of your time. Thats all! hold what you want even if you think it wont do any good or if you think he doesnt deserve it. JUst do it HElp a fellow JEw out and let HAshem make all the cheshbonos! A GUTTE YUHR!!!
Talk about disproportionate sentences, why is there no outcry for Shulem Weiss, 845 years is a life sentence, this man gave tons of tzedaka and is ignored. Where are his petitions?
comment no. 2 is clearly “nisht fun unzere” as for one his statements are not correct. There were plenty of things that Lewin found wrong with the judge not backing off and out of the case. and also there is the fact that so many past attorney generals and elected officials have clearly stated that there is something very smelly about the entire court ruling.
to #20
the end? what he was doing? w who?some yid!
leave it to you, shaul from monsey!
only you could defend shulem weiss. do you know what he was like
Nebech- This is all a matter of how we want to treated by Hashem after we sin so much yet want so much compassion, yet some of you will deliberately look to be smarter than alan dershowitz etc, and keep reiterating any non zechusim u can find that any time invested in SMR has to be questioned in a case of pidyon shvuyim dOrayasa- it really doesn’t make a difference what u think-Hashem is in charge- we do our part- if it means signing a petition- than so be it- don’t limit the shluchim of Hashem-weve seen crazier miracles
my friend, you may have taken classes in civic but in this particular case I’m sorry to tell you, you are totally clueless,
listen to me, misconduct was never the issue at the appeals court! not even remotely, and it couldn’t of been, there is only specific arguments that can be raised on appeal and it has to focus specifically on where the lower court erred – as a matter of interpreting the law – in the final ruling or any interim decision during the trial, nothing else, and that is exactly where lewins arguments revolved around, lewins argument that the judge met with the prosecutors prior to the raid was not to proof any “misconduct”, none what so ever, this is exactly where you’re mixing thing up badly, it was to support his argument that the judge erred as a matter of law in her decision not to recuse her self,
not the trial judge nor the prosecutors or on trial at the appeals level, it is the lower courts ruling and decisions that are challenged and scrutinized nothing else.
that is why 47 congress people who are generally by trade lawyers, called for an independent inquiry, because judicial misconduct can naturally and logically only be investigated, independent of the case it self, sort of like a special prosecutor,
having said that I’m going to quote from your first post #2 :
“The fact is that during the oral argument in the appellate court, the Chief Judge asked Lewin if he could cite even one for example were there was any misconduct by the Judge or prosecution. Lewin explicitly stated that no he could not cite even one alleged misconduct”
i’m curious if you stand by this so called FACTUAL statement, I’d suggest you should gracefully admit to your grossly misstated fact.
A few salient points; in my #2 post, which you quoted, I never quoted verbatim what transpired between the judge and Lewin. It was only giving a description of the sum and substance of the discussion, and I agree with your description. However, we part ways; I dispute your assertion and emphatically state, that misconduct by the trial judge, and recusal issues, is routinely part and parcel of any appeal process. Furthermore, Rubashkins’ lawyers could file a habeas corpus separately just to bring up the misconduct issue.
Regarding, Lewin point of contention, was not that the judge should have recuesed herself, but because they never know of the scope of meetings i.e. 12 meetings, therefore, the December recusal motion death-line should not be enforced. In addition, because we are now after the trial, the defense wanted an inquest by a different circuit judge, to assess the dealing between the prosecutors, FBI, and the judge. If they could show bias by the judge, Rubashkin should be granted a new trial.
The forty-seven Congressman who wrote to the Justices Department requesting a review, means nothing, we all understand that to placate a constituent, elected officials would write letters on their constituent behalf, in particular if you have a voting bloc like Chabat. Therefore, in my view, there isn’t any more credence to their letters than the 50,000+ individual, who signed the petition.
How do I keep my brains functioning [sigh].
Lastly, I figured the answer to my original question, how could 50K be so ill informed and sign this bogus petition. The answer is clear; they have the same mentality as you do. The more we converse the clearer it get that you know nothing about the judicial system and this case specifically. The bedrock of our judicial system is that bias and misconduct by a judge or even the prosecutor, is dealt on appeal. With a possible outcome of, vacating the conviction and retry the case. Yes, that is part of the appeal process, if a lawyer does not claim these points in appeal that means that according to the defense lawyer there is no misconduct.
Talking about calling the pot-calling kettle black, you do not know anything, first, the defense never filled a recusal motion only after the trial ended in a conviction. Secondly, every motion starts with the district judge, and then if the motion is denied, they could appeal it to the Court of Appeals. Get it in your skull, Lewin never filed a motion claiming that the judge and the prosecutor were biased, or corrupted, because Lewin does not have any prove, capish.
You assertion that Judge was bias because he gave SMR 27 years is totally wrong, according to the Lewin brief he admitted that, the 27 years sentence was at the low end of the guidelines. Additionally, you claim that nobody ever got 27 years for the same crime; I say that is pure dong. I challenge you to cite even one comparable case that got substantial less time than SMR.
Finally, I see that you will believe in any hyperbole, as long it supports SMR, me on the other hand understands that all of this is nothing more than to keep SMR in the news, so they could raise more funds to continue with the costly appeals. It is your money you could spend it any way you see fit.
Beautiful, just keep on ignoring the main points
again:
By definition a petition is not a LEGAL maneuver it is a POLITICAL maneuver, we are NOT asking the president to take on the role of a judge, we are NOT asking him to direct a judge to do anything, that is not what the definition of a petition is, a petition is a populist political action, it is concerned citizens – not the defendant – asking the president; BE ON OUR SIDE, TAKE ON OUR CAUSE, DO THE INVESTIGATION ON OUR BEHALF, because you represent us that’s the concept of WE THE PEOPLE, especially that it is your administration – we believe – failed us.
Now you may reason, that there is nothing here that merits an investigation, could be this is a perfectly normal case, could be people with this kind of conviction get sentenced to 27 years daily, Jewish people are denied bail because they are Jewish routinely, Judges have undisclosed private meetings with the prosecutors prior to the indictment on a normal basis, could be you are right, that is exactly where I and 47 congress people, 57 distinguished law professors, 4 former Associate and Deputy Attorney Generals disagree.
I leave at that.
BINGO!
You finally admitted that this petition is nothing but a political maneuver. It is not based on the law, or facts. You don’t want to understand that the President most uphold the rule of law, and therefore he only could instruct justices to look into the case if there was a legal issue, not political. In fact, if the President decides to mix politics with law enforcement, he could and should be impeached, because of obstruction of justices.
Finally, I see you and the 50K petitioners walking down the yellow brick road, hand in hand, happy and singing SMR’s praises. Good luck and finally you woke up from your dream and SMR is still in jail.
MY last word on this subject, you keep harping on the fact that 47 Congressman and X amount of law professors wrote requesting a second look at what transpired in this case, that is true, but, they didn’t write to the President, they wrote to Justices, which is the proper venue. The fact is that justices did not do anything, which tells me that all of the hype is nothing but hyperbole. Political pressure cannot, and should not, trumpet over justices. The rule of law must be upheld, if we want a just society.
oops one more thing
#ly, the 47 congress people didn’t write to the judge (i’m not sure why you keep refering as “justices” i think it’s generally only used for supreme court judges, i may be wrong), they wrote to AG holder to investigate misconduct, which essentially is like writing to the whitehouse.
anyway good luck and let us all be judged by the master of all judges.
השיבה שופטינו כבראשונה ויועצינו כבתחלה והסר ממנו יגון ואנחה!!! אמן!!