Apr 2, 2012
Rubashkin Appeals Supreme Court

Lawyers for Sholom Mordechai Rubashkin filed a petition for writ of certiorari for the U.S. Supreme Court. Rubashkin himself wrote an email to supporters.

By COLlive reporter

Lawyers for Sholom Mordechai Rubashkin filed a petition for writ of certiorari today for the United States Supreme Court.

Rubashkin, who is serving a 27-year sentence for bank fraud, is seeking relief from the Supreme Court because the Eighth Circuit Court of Appeals refused to consider evidence that Rubashkin first discovered after the trial that made the trial fundamentally unfair.

The newly discovered evidence showed that the trial judge Linda Leade had participated for seven months before the immigration raid on Rubashkins meat-packing plant in planning for the raid. She and the prosecutors failed to disclose these meetings to Rubashkins trial lawyers.

Rubashkin is also seeking relief from the Supreme Court because the Eighth Circuit upheld his extraordinary 27-year sentence as reasonable even though the trial court did not consider whether that sentence would result in unwarranted disparities among similarly situated defendants, as required by federal sentencing law.

Rubashkin is represented by Paul Clement of Bancroft PLLC and Nathan Lewin of Lewin & Lewin, LLP.

The Court of Appeals decision raised two issues of extraordinary importance to criminal defendants and to the proper functioning of the criminal justice system as a whole, said Paul Clement.

Sholom Rubashkin was given an unusually harsh sentence for his actions. In my entire career, I cannot recall a similar instance of harsh punishment for a non-violent, first-time offender with a long record of charitable service to his community.

Lewin, who represented Rubashkin and argued his appeal in the Eighth Circuit, jointly authored the petition for certiorari with Paul Clement.

Mr. Lewin said, "The Supreme Court will surely recognize how outrageous and unjust Mr. Rubashkin's prosecution and conviction have been and will, with G-d's help, review and reverse the decision below so that he will be able to return as soon as possible to his loving family and community."

Sholom Rubashkin was arrested for immigration-related charges six months after the Immigration and Customs Enforcement raided the meat processing plant, Agriprocessors, located in Postville, Iowa. Less than a month later, he was arrested again on bank-fraud charges. He was later acquitted of all state charges following the federal trial.

To date, more than 52,000 people have signed a petition on the White Houses We the People website, urging an investigation into misconduct by the prosecution.

Furthermore, 50 members of the U.S. House of Representatives have written letters to Attorney General Eric Holder, urging an investigation into the allegations of prosecutorial misconduct. In June, 75 U.S. Attorneys and law professors sent a letter to the DOJ Office of Professional Responsibility, joining the call for an immediate investigation into allegations of ex parte communications between Judge Reade and prosecutors.

Supporters of Rubashkin were asked to pray for Sholom Mordechai halevi ben Rivkah.

Read full petition
Petition appendix


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Opinions and Comments
1
Yeshua now!
He should have a ysuah now!!
(4/2/2012 4:50:38 PM)
2
OYOYOY
He should have a speedy Yeshua
(4/2/2012 4:51:55 PM)
3
IYH
AMEN VE'AMEN
HE SHOULD BE FREED RIGHT NOW!!!!!!!!
AD MOSAI!!!!!!!!!!!!
(4/2/2012 5:03:54 PM)
4
Yeshuah bikarov
When will the disicion be announced
(4/2/2012 5:04:19 PM)
5
any lawyers out there?
Do we know about when the Court will decide if they'll hear the case?
(4/2/2012 5:04:28 PM)
6
Aharon ha'Cohen
"chazakah al taamuleh sheeinoh chozeres reikon" yehi rotzon that our "petition" to hashem be fulfilled very soon.
Ah frielachen Pasach to SMR's family bsochichie klal yisroel
(4/2/2012 5:13:18 PM)
7
What Torah comes from the heart more than this Tzaddik?!
BS''D
Supreme court, do not withhold from us our Tzaddik! Please!
(4/2/2012 5:23:59 PM)
8
'Hatzlacha Raaba!'... But...if... B"SD
G-d forbid, his not heard by The U.S.Supreme Court, this country is heading towards disaster, and possibly will nullify the appellation of 'The Rebbe, MH"M,' calling America a 'Malchus Shel Chesed.'
One, or more, foolish, well-known(!) 'Chabadnicks' told me I'm 'nogea bedovor,' because S.M. Rubashkin is Jewish and a 'Chabanick.' This is why I'm so upset about his case...I'm f u r i o u s!
These Jews are sorely misguided.
I went through the whole public school system and, as a child growing up in Boro Park, Brooklyn NY, saluted The American Flag with tears in my eyes.
I believed, and loved, all the ideals and values that were preached and taught.
This case also involved the destruction of a thriving business, great damage to a town, and torture of hundreds of employeesI read every article written about his case, including 'Zman Magazine's' and Mrs. D. Maimon's excellent coverage.
This is a case that will demonstrate if America is really 'One Nation, Under G-d...Liberty and Justice for ALL, or for SOME!
At the least...these prior judges and officials denied justice to their fellow American Unchecked abuse of power.
S.M. Rubashkin...'Hatzlacha Raaba!' 'Zman Cherusenu!' 'Be Rechush Godol!'
May all the evil-doers, enemies of 'A True America,' suffer and perish.
Boruch N. Hoffinger
(4/2/2012 5:31:32 PM)
9
http://justiceforsholom.org/
(4/2/2012 5:58:30 PM)
10
everyone should take more hachlatas
above the ones we already took if some of us stopped doing them or stopped saying the kapitulach that we took we should start again and never give up on such a nishama we are lucky to have or for some of us to know such a great person may he be released speedily to spend pesach with his family. amen!
(4/2/2012 6:38:59 PM)
11
If the court accepts the case
The US Supreme Court must first grant cert before hearing a case. That means the Court has to accept his case for hearing. Typically the court hears roughly 75 or so cases a year, out of some 900 submitted.
So first step is that they take it, then we"ll celebrate that milestone, and move on to waiting for a hearing.
Bezrat Hashem.
(4/2/2012 7:02:18 PM)
12
Hashem oy oy oy
These reshoim I can't believe this help hashem
(4/2/2012 7:10:31 PM)
13
enough of this bizarre injustice
Reb Sholom Mordechai know that there are very many more people who are davening and rooting for you than you can imagine. You should be freed immediatlely bshaash tovah umitzlachas.
(4/2/2012 7:53:18 PM)
14
I feel your pain
I feel your pain
(4/2/2012 8:01:26 PM)
15
BLIND TO THE TRUTH
DON'T READE LINDA BUT READ "BLINDER"
(4/2/2012 8:32:54 PM)
16
Sholom Mordechai...
.....truly is an inspiration with deep words of truth and faith!
May we all take his koach and send it back to him and see NOW his personal and our communal GEULA!!
AD MOSAI!!
(4/2/2012 9:48:59 PM)
17
TIME
its only a matter of time. It is truth and that Linda Reade is lies and lies do eventually come out. It is time.
(4/2/2012 9:56:28 PM)
18
MOSHIACH NOW
May Sholom Mordechai Halevi Ben Rivka Have a speedy Yeshua right now and go free to spend pesach with his family this year tof shin ayen bees! amen!
(4/2/2012 10:17:11 PM)
19
Anavim Anavim......
all the good things i did today were in the zchus of SMR's yeshua NOW!!
(4/2/2012 10:29:03 PM)
20
AD MOSAI!!!!!!!!!!!!!!!
AMEN AMEN MAY SHOLOM MORDECHAI HALEVI BEN RIVKA GET OUT OF SUCH GOLUS NOW!!!!!
(4/2/2012 11:14:40 PM)
21
Believers
ANACHNU MAMINIM BNEI MAMINIM!!!!
(4/2/2012 11:27:45 PM)
22
to Sholom Mordechai Halevi Sheyichye ben Rivka
I hope that you will receive the feedback to your writing ,
Hashem knows that we were davening for you today , taht your geula is our geula that you are our representation ,and bez"h soon very soon you will have a complete turn around Hishapcha !!!!!!!!!!!!!!!! A complete refua , and geual to all the negativity !!!!!!
(4/2/2012 11:58:51 PM)
23
AD MOSAI!!!!!
the letter was so inspiring and with all that in mind we should hear only good news! sholom mordechai halevi ben rifka should be freed right now and should be celebrating pesach with his family this year!!!!!
(4/3/2012 12:20:01 AM)
24
HaSHem Have Rachmonus on him!
My six year old son asked me, in all innocence, " Which country is he in, Russia?""
(4/3/2012 5:46:30 AM)
25
Geula NOW
for the prat and the klal
(4/3/2012 2:39:00 PM)
26
let him free
dont decide just let him free!!!!!!!!!!!!!!!! NOOW!!!!!!!
(4/3/2012 2:43:58 PM)
27
his letters...
always have me in tears. this whole story takes the heart outa me.
MAY ALL OF US COME TOGETHER AND MAY HE BE FREED WITH MOSHIACH NOW!
*ten Jews want to say amen?
(4/3/2012 4:01:17 PM)
28
WOW
very inspiring that even when he is in jail, SMR still has such bitachon! he should be freed mamesh now!
(4/3/2012 4:28:33 PM)
29
LET HIM FREE......
We. Whant now!!!!!
(4/3/2012 5:29:24 PM)
30
geulah now
yechi hamelech ad mosai chai vkayom
(4/3/2012 7:48:11 PM)
31

(4/3/2012 10:40:34 PM)
32
love you
that guy is really encouraging.... he is the biggest tzadik.... WOW! hashem is guiding you and all of us.
(4/4/2012 3:09:37 AM)
33
I will read Sholom Mordechai's letter to my kids on the Seder
I was deeply touched by this letter, and especially by Sholom"s son's words: Ven der Tate kumt aheym fun jail...macht her bald kidush!! I had tears in my eyes!!

It says that when we study the laws of korbonos it's as if we have sacrified those korbonos on the mizbeach.

I am planning IY"H to give over and "chazer" Sholom's letter to my family on this year's Seder night, and I daven that the mere learning and talking about cheyrus and freedom shall bring with it true Cheyrus and Freedom for Sholom Mordechay amongst all Klal Yisroel,
(4/4/2012 5:45:10 AM)
34
why?
A d mosai???
(4/4/2012 8:53:08 PM)
35
speechless.
there are tears streaming down my cheeks- Sholom Mordechai MUST be out by pesach! hullooo...!!!!!!! yidden! we have to DO! im taking on a hachlata right now- learning chitas for the next month iyH. oyyy PLEAAAAAAAAASE! Hashem! ur precious Neshama cant express himself .!!!!!??????????! aaaad mosaaaaiiiii!!!??
(4/4/2012 9:24:13 PM)
36
yeshua bekorov!!
Waiting eagerly to join the huge seudas hodaah....beezras Hashem it should be immediately!!
(4/5/2012 7:28:34 AM)
37
OY...
OY TATE ZISE IN HIMEL (GLACH YETS) HOB RACMONES AFEN YIDESHE FOLK!!!!!!!!!!!!!!!
(4/6/2012 7:23:42 PM)
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