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.
Rubashkin’s convictions stemmed from allegations that he created false invoices and moved money around to trick the company’s main bank into lending Agriprocessors millions of extra dollars, which were lost when the company folded.
Rubashkin’s lawyers argued Reade unfairly allowed prosecutors in the fraud trial to talk about separate allegations that the executive participated in schemes to hire illegal immigrants to work in the plant.
The appeals court ruled the court was correct to allow immigration evidence into the fraud trial, because Rubashkin had signed bank documents promising that his company was not involved in illegal activity.
The immigration allegations were to be the subject of a separate trial, but prosecutors dropped Rubashkin’s immigration charges after he was convicted of bank fraud.
+ DOCUMENT:
8th Circuit’s Opinion September 16, 2011 (PDF)
PERIOD.
See 33Omer 511, I am providing a few excerpts (Biltee Mugah:) כא. המצב כיום, בעוונותינו הרבים, שישנם עשרות מאות ואלפים )לא רק יחידים, אלא עשרות מאות ואלפים ! ( ילדי ישראל שרוצים להכריח אותם ולנתק אותם מיהדות, ח” ו , היל”ת !… …מוטל חוב קדוש וזכות קדוש על כל אחד ואחד… לעשת כל מה שביכלתו להציל ילדים אלה ! אם יכולים לפעול בדרך השלום – מה טוב, ואם לא מצליחים בדרך השלום – יש לפעול בדרך מחאה , ואם גם מחאה לא מועילה – יש לפעול בדרך הפחדה , ואם גם זה לא מועיל – הרי, כשמדובר אודות פיקוח- נפשות,… Read more »
That is the most conservative court in the country, the majority of the Justices on the Court were, like Judge Reade, Republican appointees.
Harsh sentences aren’t the work of “Liberal Judges”.
In response to the ruling that Rubashkin failed to show that
Reade was required to recuse herself from the case, it is all too obvious that the ruling was decided by a JURY WHO FAILED TO RESPOND TO FORTY LETTERS OF CRITICISM AGAINST THE PROSECUTERS of the RUBASHKIN CASE sent to the court by six U.S. ATTORNEY GENERALS and numerous other HIGH RANKING LEGAL OFFICERS AND MEMBERS OF CONGRESS . Disregard
of PROOF OF CORRUPTION is proof of bribery within the
“Justice System”. Power abuse will
be accounted for by Court Of Courts of all mankind
The outcome was pre determined before they heard the case Linda Reade made sure of that when sitting with at least 2 of the 3 Judges who heard the Appeal.Yes it can be appealed for Starters to the entire circuit court.The judges who heard but didn’t hear the appeal were only a a part of the full circuit court of Schlemeels. The very fact that they sat with her the day before & day of the appeal sealed the decision before the case was heard.To quote Leroy Jethro Gibbs a fictional NCIS agent. I don’t believe in coincidences.It was no… Read more »
http://sholomacrossamerica.com/letter-from-sholom-about-8th-circuit-decision/
and
http://sholomacrossamerica.com/wordpress/wp-content/uploads/2011/09/Motzai-Shabbos-after-Decision.pdf
G-d bless America now because Ameica is a garbage truck
2 TRAGEDIES.
1-THAT THIS HAPPENS TO A YID.
2-THAT MANY OF THE YIDDEN THAT COMPLAIN ABOUT THIS WILL CONTINUE TO VOTE FOR LIBERALS WHO APPOINT THESE JUDGES FOLLOWING THE ADVICE OF THE “RABBIS” WHO HOPE TO BE REWARDED WITH GELT FROM LIB POLITICIANS WHO UNDERMINE OUR VALUES AND G-D.
Nooooooooo:(
and send a million emails to the office of the prosecuting attorney.
PROTEST !: TIME TO CALL IN GLEN BECK!!!!
We (Hassidim) are a protected minority.
This seems like an unusual case but the general attitude behind it is typical of what we’re seeing practically all over the world these days-including right here in New York.
it might be a logical assessment, the Rebbe, though, was never a fan of riots or protests. never.
Hashem plz help!!!!!!!!!!!!!
How were forty letters of criticism from higher legal authorites and congress people not taken into consideration?
Obviously, bribery from linda reade and company.
May Hashem intervene Bekorov Mamosh!!! He dosent need our advise on how to handle this….. AMEN!!!
we all care for sholom and gave a lot of tzedaka, we said lots of tihilim, halevay we can learn from him how to love another yid, ahavas chinom, hashem knows we all care for sholom, but what about another yid in crown heights?? moshiach would have come a long time ego if we would be beachdus… even with all our other major chesronos like tznius etc. anyway, we do need to do something MAJOR, like arrange buses and we should all go demonstrate, with class, like big rally with children saying psukim, tzedaka, and telling the world who sholom… Read more »
My heart aches and my anger/frustration is seething
This should be a great concern to anyone who is Jewish. The prejudice is so recognizable. Who will be the one to be persecuted next?. If only ever Jew took their money out of this corrupt country’s system and moved to Israel, this country would fall apart, which it so richly deserves for being so biased against Jews. This country is starting to turn into Europe,, and the anti Judiasm is becoming rampart.
what are you thinking? what do you think we are????
We need to pray hard for a miracle.
Did u say Hayom Yom today??? you better go now and check it out.
B”D Painful, but the Rebbe does not leave us in debt, he watches over us, listen to Rabbi Groners 3 hour tape.
Hashem is setting the state for victory on a bigger stage-The US Supreme Court
ONLY VIOLENT RIOTS WORK!!! IT WORKED FOR BLACKS IN LA.
AL JEWS SHOULD VIOLENTLY RIOT ACROSS AMERICA AND CAUSE CHAOTIC WORLD UNREST!!!! STOP WITH THESE FOOLISH DIPLOMATIC MEASURES THAT NEVER DID, AND NEVER WILL WORK!!!!!
Gou seat and say tehilim for him
why? this galus needs to end NOW!
LETS ORGANIZE A HUGE PROTEST, IT’S TIME TO ACT!
Hashem, please!
I hope Reade suffers a slow and painful death and rots in hell forever and ever.
The Federal Government will protect their own. They are “untouchable”. They clearly are allowed to live above the law with absolutely no consequence .
There is no doubt that there were and still are parties that were/are actively involved in this travesty of justice.
But, what goes around, comes around. The people behind this WILL pay one way or another. And they will pay dearly.
America’s justice system is becoming even a bigger laughingstock than the American economy. I guarantee Rubashkin would have had no problems if he was a frequent donor to campaigns of Democratic candidates, but stupid him, he actually allocated his contributions to charitable causes.
Horrible…a PACK OF LIES! Why only recusal? What about the false worker-abuse charges fabricated by the prosecution and judge, which were proven false in a second trial? Don’t these new judges see the whole case was filled with lies? I saw it…clearly, honestly and impartially. Whether Jew or non-Jew this was a pack of lies. The judge and prosecution can do whatever they wish? Evil, evil, evil…it’s very clear. America doesn’t practice ‘The 7 Noahide Laws.’ According to ‘Rambam’ if a government and people don’t want to observe these laws (Knowingly), they should be killed. This was collusion between the… Read more »
pressure on him to Pardon at the end of his turn
L’ALTER LE TESHUVAH L’ALTER LEGEULAH,
he is the canary in the mine.
There is no justice. Judges will not rule against other judges. Its like an organized gang but backed by the US contitution. American judiciary system is horrible, although better than other contries. There is no fairness.
Maybe we need to make a mass demonstration against this corrupt antisemitism, until this is fixed. 6 US Attorney generals have all given their opinion on this.
Linda Reade made sure to sit on the panel of these very same judges on the exact day of the appeal, that is what is going on!
On to the Supream Court. Only if they will hear the case. It will cost another 5 to 10 million.
Welcome to Amerika, “with liberty and justice for all”…
To #1:
The Rubashkin team can still try to appeal the case to the full Court of Appeals (this case was only before three Court of Appeals judges) and then he can appeal to the US Supreme Court. He has no automatic right to have the case heard by either the full court or the Supreme Court. It is rare to be granted an appeal to the full court and even rarer to win. The Supreme Court only takes approximately 30-40 criminal cases out of the thousands they are asked to hear every year from all across the country.
MOSHIACH WE NEED YOU..HASHEM WE DON’T UNDERSTAND!!!!!!!!!!!!!!!!!!!!!!!
whats going on here??????????????can someone plz explain?!
THX!
this is terrible whats the next step?how do we get him out?
Where’s the decision? Can it be appealed higher?