St. Louis, MO – A federal appeals court has denied a former Postville meatpacking executive’s request for a new trial, saying he failed to show the judge in the case was unfairly biased in favor of the prosecution.
Sholom Rubashkin was convicted in 2009 of 86 fraud charges, which led to a 27-year prison sentence. Rubashkin ran the Agriprocessors kosher meatpacking plant, site of a huge immigration raid in 2008 that contributed to the business’ collapse.
Rubashkin’s case and long sentence drew national attention, including from six former U.S. attorneys general who voiced concern about his treatment.
His lawyers said U.S. District Judge Linda Reade should have stepped aside from his trial because she cooperated closely with prosecutors before the immigration raid, showing bias against the plant’s owners.
The appeals court in St. Louis ruled this morning that Rubashkin failed to show Reade was required to recuse herself from the fraud trial.
“Our approach is consistent with that of the Supreme Court, which has held that recusal is not necessarily required even after a district court has expressed ‘impatience, dissatisfaction, annoyance, and even anger’ toward a party. There is nothing like that in this record,” the appeals court wrote.
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56 Responses
Could you expect less from postville iowa
I am truly shocked. What a black mark on the justice system.
What next? An appeal to Obama maybe?
Yea Obama may appeal to get a jewish vote.
oy vey is mir – whats next?
this is outrageous
we need to:
1) set up an online poll
2) set up an online partition
Judge Reade was hearing cases that same day with 2 of the 3 appeal judges and she made sure they will not rule against her
Sad lesson for Am Yisroel in Chodesh Elul. Don’t rely on the Goyim. The Bashefer will free Sholom Mordcha. All we can do is plead with Hashem and be careful with loshon hara-that includes jakyweb.
Is there a legal process through which the defense can move the next appeal out of Iowa?
I dont understand– why didnt they just skip the goyim in the St Louis state court and go to the yidden in the Supreme Court? The anti-semitism is obvious and the Supreme Court judges would see right through it!!
To “coffee addict” and “a woman outside of bklyn”: Last I checked, St. Louis MO. is not in Iowa.
To Yossie Greenberg: and not an appeal to the RBSO? Tov lachasos ba’Shem mibitoach ba’adam / biNidivim.
I would not want to be in Iowa on judgment day
10. You can’t go straight to the Supreme Court without going thru the Court of Appeals. Sorry but anyone with a 10th grade civics background knows this.
This is absolutely outrages!! How dare they!!!
The anti-semitism in this country is absolutely sickening. Freedom and justice for all, indeed.
#10 … because there are procedural rules and you can’t jump over an appeal level to go higher.
#9 … this appeal was already “out of Iowa” … St Louis is in MO and this appeal was before a court that hears appeals from district courts in many states.
#6 … what is an “online partition”?
#3. The American system is based on three branches of government … Executive, Legislative and Judicial. The President is part of the Executive branch, not part of the Judicial branch.
#1 … Postville had very little to do with this appeal in Missouri.
Mark- I’m sorry but people with names like “Mark” must have had “civics” class howevr I went to a mesivta that was NOT by any means EASY to get into and one of the reasons my parents sent me there was SPECIFICALY so that I wouldnt be mevatal zman on things that should only be in a law school classroom NOT taught to impressionable youths.
Listening to most of you address this legal issue is enlightening. I think I’m going to turn to my agnostic unaffiliated neighbor to learn Torah…same thing.
Shauli,
Good point I mustve missed that
To most of the posters on this news piece, please reread the constitution, and the federal rules of criminal and appellate procedure. The Appellate Court judges aren’t anti-Semitic, they are doing their jobs according to the law. You think this case would have been different if it was a goy. They look at the law and decide. If you don’t like the laws here which are not religiously biased or focused, go to a different country. You people disgust me.
@15
Yet the President grants clemency (Mark Rich, anyone???) You missed that point.
Isnt Torahumada the conservative yeshiva Chovevie Torah’s slogan?
To number 19
Thanks for proving why left wing YU are so despised by the rest of Klal Yisroel.
The next time one of you cry about how “Lakewood” Jews are intolerant of you, remember how when almost all of Klal Yisroel united together for this cause, you teamed up with the other side to criticize and undermine.
This feels like a punch to my stomach.
The Rebonashelolam will decide how long Shalom Mordechai will be in Jail for. Yosef Hazadik was suddenly and unexpectedly taken out of jail. The same can happen with Shalom Mordechai. We can help by davening.
Number 19,
Your comment makes it fairly clear to all that neither the first nor the second part of your screen name applies to you.
There is a lesson to be learned here. Try hard to stay out of jail by being better and going the extra mile.
If we judged each other less harshly we would be judged from Above less harshly and this precious Yid would be out of jail immediately. Please. It’s no coincidence his name is Sholom! THAT is what Hashem waits patiently for. Please.
Let’s try to keep focus and back to the original issue and please stop fighting. Laws were broken in this case BUT 27 years? While hardened criminals get very little time in the US. I’m with Yossi we need to start a petition for a commuted sentence (perhaps for good behavior). This demonstratrs we are trying to do something. Second, While not realistic perhaps, have influential people put pressure on Obama. Lastly, of course daven. Would each of you agree to say one tehillim a day??? That’s really what would do it – as Hashem and His was are unlimited! He wants us to be AM Yisroel – united!
Toraumada, and it is impossible for a judge to be biased? And 27 years sound just right?
david ladimore
“This feels like a punch to my stomach.”
Just wondering. Does it also feel like a “punch to the stomache” when you see or hear that a Yid was Oiver an Aveirah?
To 613North: I am sure I am misunderstanding your intention, but I hear this refrain so often that I felt I should post this. Davenning is not a last resort (“lastly, of course daven”). Davenning is the foundation upon which all berachah comes to this world. It is the food through which the entire teva is nourished. Amidah b’tefilah is an expression of our total subjegation to Him; that there is no berachah – daas, teshuvah, selichah, ge’ulah, refuah, parnasah, etc. unless He decrees it. It is first and last. I know you meant no differently, but had to point it out.
Baylasheva, those are beautiful sentiments. Possibly equal or surpassing in effectiveness to Tehillim!
Hashem wants his children to be nice to one another. We have many many among us, with great Midos, who live and breathe Chesed. Some more of that type could only help.
To wiy, actually no. Not that I’m proud of it. Oh, and the correct spelling is stomach
Well said Torahumada (#19)
And as for you APOSHUTERYID (#21)…if you don’t know the Orthodox origins and context of Torah U’Mada…go talk to a Rabbi.
nishtdayngesheft (#25)- Torahumada is right on point if his positions are (a) that most of you are mouthing off about a common law appellate system about which you clearly know nothing, as to either its role in the court system or its standards of review; and (b) most of you reflexively shout “antisemite” about anything and everything that goes against a Yid.
The fact is, the standards enunciated by the Court of Appeals are conventional, commonly applied standards that have nothing to do with antisemitism…but understanding that may take intelligence, some knowledge of law…and dumb hysteria is just both so much more fun and in keeping with your never-made-it-out-of-Europe ghetto paranoia. Wake up…this is 2011 in the United States.
mdd (#29) – No, to me the 27 years seems excessive…but so weare the sentences given out to white collar criminals in a number of cases over the past several years; part of a growing trend to incarcerate white collar criminals for substantial periods of time.
But more to the point here, it needs to be understood that an appellate court’s role is to determine if errors of law have been made as applied to findings of fact made by the trial court. With rare exceptions, it simply is not the appellate court’s role to review and reverse such findings of fact…and this includes the appropriateness of a given sentence.
To rhj: YU students are not despised by the Yeshiva World, Chassidishe World, Litvisheh World, or Poilisheh World. They are pitied for the mistake their founding fathers made – thinking that you can dance at two chasunos simultaneously. The secular world they embraced has abandoned them. It is a pity, but it is also a wake up call. Chazal knew what they were saying when they taught Halachah b’yaduah, Eisav sonei es Yaakov.
YonasanW, #19 seems to have emunas ha’US judges. And while I agree that we are not in Europe 300 hudred years ago, Toraumada is also off.
YonasonW, it was not a white collar crime like most others. He didn’t befraud the government. He merely borrowed more than the law allowed.
To think that judges aren’t biased is naive. They are not interpreting a text. They interpret the situation according to what they feel it should be. Did you never notice that liberal judges ‘somehow’ judge liberally and conservative ones have the law telling them what they already feel.
Lesson to be laerned! Rather to plea guilty, then to go on trial.
If Mr. Obama could help Mr. Rubashkin, it would go a long way towards improving his image among the Jews.
SMR violated the halachos of geneivas daas, shkeker, chilul Hashem, and dina demalchua.
He commited crimes for which people go to prison for many years.
I feel sick when I hear him described as a baal bitachon. A baal bitachon does not break the halachah in order to make parnassah.
I agree that 27 years is far too long. And I feel sorry for SMR and his family.
But it’s disgusting to attribute the sentence to anti-semitism. There is absolutely no evidence that Judge Reade is anti-semitic. The problem is with the sentencing guidelines.
As we approach the Yom HaDin, we should all learn mussar from this sad episode. Do not break the halachos of financial dealings, do not commit a chilul hashem, do not violate the dina demalchusa. All of these are halachos in Shulchan Aruch (yes, they apply to goyim too).
Remember: What is the first question that you are asked after 120 years?
@#39 The Rubashkin lawyers seaked a plea bargin but the goverment was against any reasonable deal.
Nabach, so sad.
Why anyone would think Obama would have any interest in this, when while as a candidate during the raid he already made negitive comments about the case is beyond me.
I also don’t see why you would think he would care more about this then Jonathan Pollard, he has ignored many calls from the right and left to grant Jonathan clemency….
Hashem yishmor
The appeals court doesn’t have the ability to look at the facts. That is not what an appeals court does. They make sure the law was applied correctly. Once the jury decided the facts were against him there isn’t much the court system can do.
To those who are moaning and groaning about what a terrible justice system it is, how terrible it is that a country can let this happen . . . find a better country. Put a post up in the Coffee Room when you do. I’ll bet it’s a long time before anyone moves.
Aposhuter Yid, I presume that you made aliya right after metivta such that that you do not need to know how the American system works.
L’gufo shel inyan, it is ridiculous to say that a stiff sentence aginst a Jew is the result of anti-Semitism. This comes from the Al Sharpton Law School. In recent years there has been a reaction against proliferating whoite-collar crimes resulting in stiffer sentences. Rubashkin probably does not deserve such a sentence and probably the case will go to the Supreme Court but the focus should be on him as an individual. Turning the case into an “us vs. them” fight is wrong and counter-productive.
To those who suggested “going straight to the supreme court” and somehow skipping the appeals process, although this would be the heimishe approach, IT DOESNT WORK LIKE THAT.
To suggestions that he be released “on good behavior”, he was convicted in federal court, serving time in federal prison. THERE IS NO PAROLE SYSTEM IN FEDERAL PFRISON.
THE ANSWER IS TO DAVEN AND DAVEN FOR OUR BROTHER SHALOM MORDCHE
Dina Demalchusa, you yourself said that “27 years is too much.”
The very fact that the judge meted out a punishment that was by all accounts, far too excessive for the crime committed, clearly indicates one thing AND one thing only! Unadulterated modern day ANTI-SEMITISM! Hatred for the Jew with a beard and payos continues.
Until Dreyfus’s name was cleared, I’m sure there were Jews who were quick to blame him for his misfortune. They are the people who need to feel that the justice system is fair and just. They’d like to believe that if you only tow the line you’ll be fine. It gives them a false sense of security. History has proven otherwise.
Be brave and take your head out of the sand. PLEASE!
39# if he would plea guilty to the charges about the imigration laws he woud sit another 27 years, now he went to trial and all charges (over 900!) were dismised. so its NOT a lesson.
Whats really sad after the reading about 50 comments is how little most yidden seem to know about the U.S. judicial system, the appellate process, federal sentencing guidelines, when and how the Supreme Court grants cert, etc. I suspect these subjects are not taught in most yeshivot so maybe its shouldn’t be surprising. SMR had good lawyers (Nat Lewin et. al.) and they did their best with very bad facts). Ther reality is that the Supreme Court will likely never take this case and SMR’s best option is to seek clemency after he serves a substantial portion of his sentence.
I am ashamed of all your negative and hurtful comments. It is because of sinas chinam that SMR has to be a kaparah!!!! Have you NOT learned anything at all? If this is your attitudes in chodesh Elul then I hate to think of how absolutely nasty you can all be when you are not begging Hashem to have mercy on you.
Rubashkin’s lawyer is on the radio tonight explaining the remaining options. It does not look good. He says there is only a 1 in a 100 chance that the Supreme Court would grant certiorai and hear this case. While there are some generic legal issues in the case, the 8th Circuit’s decision rests largely on their findings of fact and interpreations related to those facts which are not the kinds of issues the Supreme Court normally considers. Even Lewin (SMR’s lawyer)said on the radio tonight said there are NO questions of anti-semitism here. He feels the prosecution was overly agressive but he repeatedly said there was no anti-semitism inolved.
As a victim of religious employment discrimination in this country and taking it all the way to the Supreme Court -I can tell you Al Pi Teva -Rubashkin doesn’t stand a chance. And for those liberal lawyers who constantly defend the Court system -you’re sadly mistaken and have no idea what Torah Judaism means. I know what they do, even if their Guidelines are unjust, the Courts will always defend them. Why? Doesn’t our Justice system care about Justice? Justice is not as important to them as their Gaivah! Like in my case, some US Supreme Court decided when the law says you must accommodate religion this doesn’t include undue hardship. So first they wrote something in the law that it doesn’t state. This is called legislating from the bench. This isn’t so bad, but then they took my case and claimed there was undue hardship. I don’t know if the company had any hardship, but definitely there wasn’t any Undue Hardship and yet they ruled against me. This is called a system who believes whatever they want and claims this is Justice. How can anyone who believes in Democracy which one of the pillars is Justice, let alone s/o who claims to believe in Hashem and his Torah, have no problem and not just have no problem with this, but defends this way of Justice?
TO #52 (Gadolhadorah): (you wrote)-“There is only a 1 in a 100 chance that the Supreme Court would grant certiorai and hear this case…”
1)LETS NOT FORGET:”Afilu cherev chada munachas al tzavaro shel adam al yisyaesh min harachamim!!!”
For Hashem to help there is no difference between a 99/100 percent chance or a 1 in a 100% chance! And we ARE OBLIGATED to continue our efforts and continue to daven for rachamim and not give up!
2)(you wrote)-“Even Lewin (SMR’s lawyer)said on the radio tonight said there are NO questions of anti-semitism here. He feels the prosecution was overly agressive but he repeatedly said there was no anti-semitism inolved.-”
–
It is VERY probable that he said that just for the purpose of not to ruining his chances of continuing his appeal efforts. nobody likes to be called “names” and he might feel that doing so on public radio might just be detrimental to his/out cause rather than beneficial.
Judge Linda Reade is known as an extremely tough judge and is very unpopular with the defense bar. I think this and the get-tough attitude towards white-collar crime in recent years are the real reasons.
Yes, the goy hates the yid and will have no rachmanus, all the more reason for the yid to be squeaky clean; as it used to be.
And as the world behaves, so does the yid. The yid has embraced organizations and buildings and other good causes, but has lost his rachmanus and has forsaken the individual who is in need.