Congressman Michael McMahon [D-Staten Island, Brooklyn] and Congressman Brad Sherman [D-California], have written letters to Attorney General Eric Holder, Jr. urging him to initiate a Justice Department investigation into allegations of improper ex parte communications, as well as possible abuse of sentencing guidelines, in the prosecution of Iowa businessman Sholom Rubashkin.
“Ex parte communications are not permitted between a federal judge and the government prosecutors who bring a case to trial before that federal judge” Rep. McMahon writes in the letter. “If contacts between the judge and the government attorneys were hidden from the defendant, this would result in a significant miscarriage of justice… These allegations demand immediate investigation.”
Some spectators have also questioned the wisdom behind the 27 year sentence imposed upon Mr. Rubashkin. A number of former US Attorneys General, US Attorneys, and several senior Justice Department officials wrote a letter to Chief Judge Reade on April 26, 2010, urging her to disregard the initial sentencing recommendation of 25 years. “Amazingly, instead of taking the advice of these experts, Judge Reade actually increased the length of the sentence proposed by federal prosecutors from 25 years to 27 years” Rep. McMahon writes. “This sentence appears to be grossly disproportionate to the sentences given to other similarly situated first time, non-violent white collar criminals.”
McMahon and Sherman now join a group of their colleagues who have already written to Attorney General Holder regarding the Rubashkin case, including Reps. Anthony Weiner, Tim Murphy, and Bill Delahunt.
“May their letters and many similar actions on behalf of Sholom Mordechai Rubashkin be the conduit to right this terrible wrong,” said Shliach Mordy Einbinder, a friend of Congressman Brad Sherman.
“May we finally see an end to the suffering of the entire Rubashkin family with ultimate accountability for this indescribable abortion of justice.”
I promise you no. 1 is either not an attorney or haven’t read the papers here. All this US attorneys also know about the sentencing guidelines. It’s about how you apply that. you got it ?
To #1
The point everyone is raising is not that the guidelines are to harsh, but that that the application of those sentencing guidelines is not equal from one white collar criminal to another. Since you’re a big lawyer here is some lawyer homework: find me ONE criminal in Iowa (or nearby states) who committed similar crimes (apples to apples) who received a sentence equal to HALF of 27 years…just HALF
My children and I were just discussing the other day where his thanksgiving feast would most probably take place(we decided on CH) and if they could stay up to join(absolutely)! I know Hashem will deliver us imminently from this ludicrous tragedy, thank you Rabbi Einbeinder for doing the right thing-I hope all shluchim and all those with connections-use them…..for if not now when?
With the upcoming Shluchim convention in sight, maybe this can be part of the program?
We should take note from him. Those who can should approach their Congressmen and Senators and ask them to speak up about this grave injustice.
He will be freed.
The point is, this travesty has been going on for such a long time. with all the letters, petitions, etc etc has there been any positive results in favour of SMR? Is Reade ignoring these letter? Has there been any reponse from her that is available for all of us to see her mode of thinking? #1 maybe correct in his comments, but ultimately it is upto the judge to pass sentence, and it is the judge who can or cannot justify the sentence. She cannot argue that her hands were tied when she has added on to the recommended… Read more »
so – it seems if you were in SMR’s position you would go for a plea bargain in a case that was trumped up against you – say u were guilty when your biggest crime being knocked on you was CAUSED BY THE GOV – because they refused to allow any serious buyers….. so now he owes $ to bank….. is he really guilty or is the gov looking for a way to come out clean?!?!?! you would take 12 yrs to help clean their dirty work when u shouldn’t be serving even ONE DAY????? Hmmmm I wonder what u… Read more »
This is called using your position for good.
BS:D
To No 1
You may be a lawyer but I wonder if you are a criminal trial lawyer ( as I have been ). The anti Semitism and descrinination was not the guidelines but in the conduct of the trial which did not allow the introduction of certain evidence,lies by prosecuction witnesses, misconduct by the ” Judge “and prosecutors etc.etc. etc.
good job on the topic
If more politicians would express that this is their wish – maybe the request would have more clout. Urge your local politicians to write similar letters to the AG.
To #1 – ‘al tadin et chavercha ad shetagi’ah limkomo’. When you were busy learning the law of the land, you may have forgotten this one that was written way before. May you never be in SMR’s shoes.
We should vote for these kind of legislators! True ambassadors of justice, sticking up for the truth. They are both great letters. I like how Mr. McMahon denounces the judge’s actions. I also really like how Congressman Sherman stresses the amazing letter from the 6 Attorneys General.
is holder DOING SOMETHING??
May Hashem’s bracha guide this court ordeal until the very end,concluding with a tremendous ‘Didan Notzach’!!!!!!!
From the above article we can already begin to sense the beginning of the all-awaited yeshua,may it unfold immediately!
Echod mai’Anash d’Montreal.
with health, wealth and fame!
Lets recall that Mr Rubashkin was offered a very generous plea deal of 12 years, and he refused it. I am a lawyer and I agree that on its face the sentence seems overly harsh, given the crimes Mr. Rabashkin was convicted of, and Mr. Rubashkin’s non-existent prior criminal history. However, I don’t see the sentence handed down as the fruit of discrimination or antisemitism, rather I see the sentencing guidelines as the culprit. The sentencing guidelines were overly harsh BEFORE Mr. Rubashkin committed his crimes, and they are that way as the result of strong lobbying by financial institutions.… Read more »