BREAKING! Rubashkin Wants All Evidence Gathered During Raid Excluded From Trial

Argues raid violated constitutional rights of workers.

He paid them at or below minimum wage; made them worked forced, unpaid overtimes; employed child laborers; shorted employees' pay, and and violated OSHA health and safety regulations. 

And now he wants to use the constitutional rights of the workers he abused to exclude evidence that would put him in jail and punish him for his crimes.

Chutzpah and arrogance, meat Sholom M. Rubashkin, your identical twin.

Meatpacker attorney wants raid evidence excluded
BY GRANT SCHULTE • Des Moines Register

An attorney for the embattled Agriprocessors Inc. in Postville wants a judge to exclude from his client’s trial all evidence and testimony collected from a massive May 2008 immigration raid.

Jim Clarity argues that the raid violated the constitutional rights of every worker arrested during the operation, because agents used an administrative warrant to enter the slaughterhouse “for the purpose of prosecuting them criminally.”

Agents also detained and questioned all Hispanic workers “without a reasonable, articulable suspicion that any particular worker was an illegal alien,” Clarity wrote in the motion to suppress evidence.

Clarity argued that the warrants, which targeted 697 “John Doe” and “Jane Doe” workers, were invalid because they did not properly identify the person to be arrested and were not backed by probable cause.

“Based on all of these errors, all of the evidence flowing from the arrests on May 12, 2008 should be excluded at trial,” Clarity wrote.

A spokesman for the U.S. Attorney’s office in Cedar Rapids did not immediately respond to a message.

Prosecutors have said the plant’s plight was caused not by the raid, but managers who attracted and employed the illegal work force.

Agriprocessors was the size of an enormous immigration raid last year that led to the arrest of 389 immigrant workers. The raid destabilized the plant, which has since filed for Chapter 11 bankruptcy protection, and led to immigration and bank-fraud charges against several top managers.

Comments

[sage]

Just another sickening and futile attempt to evade justice.

Nothing coming from the SMR Legal Staff should surprise anyone anymore.

[Clue]

It will not succeed because the raid did not violate Rubashkin's rights (if anybody).

However, if the motion has merit, which it might, then the attorney is duty-bound to make it. Anybody who condemns the attorney just does not understand our adversary legal system.

[Concerned for the Postville area..]

As someone posted on another blog, GHETTO JEWS!! Why don't they go back to New York if Iowa has violated them so much. Answer, they don't want these GHETTO JEWS either!! They are totally disgusting...........

[Successful Messiah]

"Chutzpah and arrogance, meat Sholom M. Rubashkin, your identical twin."

Now you are just being silly and irrational - which is what happens every time Rubashkin raises a defense. SMR is not a lawyer and did not think of or propose this defense. This stuff, whether valid or not, is dreamed up by his legal team and has not reflect on SMR's chutzpah or lack thereof.

[FirstGenerationBavarianAmerican]

Sometimes these "administrative warrant" appeals work, sometimes they don't. There is plenty of precedent. The judges out in Iowa don't seem to be the bleeding heart liberal types, however.

[just wondering]

The comment you think may be silly and irrational to you but to the rest of us we are sick of wasting taxpayer money on this loser, but what would he or his team/cult care since they don't pay their bills anyway.

[sage]

Right on, JW!!!!

[yidandahalf]

Well said, jw and sage. On another thread neighbor girl posted good stuff as well. Down with the Rubbishclan!

[Hometown Postville]

How many delays caused by these frivolous charges can taxpayers afford? Looks like the strategy is to wear down the court system until they cave in. In the meantime, SMR gains more notoriety with his Vodka Dew Club cronies.

[Curious Postville Native]

blah, blah, blah . . . and have another drink.

Perhaps Sholom and his cronies should raise money by publishing a book -

'101 Ways to Exploit an Hispanic'

[Office of the Chief Rabbi]

Reminds me of the guy on trial for killing his father who asked the court for mercy because he was an orphan.

[Avraham Nechemiah Ben David]

I am sorry, but there is definitely a stain on the rebbe due to the actions of his followers. How could this man be the gadol ha'dor when we see such disguisting actions of Chabad today.

We are definitely living in a time of spiritual darkness. Chabad are the mormons of the Jews using lies, deception, and greed to advance their cause at the expense of the truth.

Reform and Conservative Jews should stop giving Chabad money. Chabad has a fundamentalist Christian world view and employs their practices right under the noses of Reform and Conservative Jews. Every Chabad house at every college and university in America is a way to extract money from Reform adn Conservative Jews and inculcate their children with distorted Judaism.

[itchiemayer]

Avraham Nechemiah "Mordechai" Ben David said "I am sorry, but there is definitely a stain on the rebbe due to the actions of his followers. How could this man be the gadol ha'dor when we see such disguisting actions of Chabad today". Amen to that, brother!

[mordecai]

Guys:

I am not a fan of the Rubashkins but I am in disagreement with the threads here that sound a bit like a feeding frenzy. His lawyers have every right and it is there obligation to advance all and every legal defense. I speak here as a criminal defense attorney in the interest of full disclosure.

The largest evil has always been an overly powerful government and Fourth Amendment Law (illegal search and seizure) has been the most fertile ground for establishing barriers to prevent the State from unreasonably invading interests of persons and businesses.

I am not familiar with the federal law regading the use of administrative warrants as I practice only in State court. However the argument seems to be that the federal government cannot seek to use the administrative search which has a lesser standard than a criminal search to seize evidence that is then used in a criminal prosecution.

This matter should be litigated and if the government overstepped its bounds then a court may suppress evidence. Again, I am not schooled in this particular area of law so I do not know what outcome is likely. In any case this is out system and the argument is not a function of an evil upon Rubashkin.

As the Itchimayer. I am not Avraham Nechemiah Ben David as you suppose. Shmarya requires us to post only under one name and not several names. You seem to feel that any attack upon Chabad comes from me. COnsidering that many on this blog attack Chabad your fetish and obsession with me is quite revealing. Perhaps you need to have your head examined.

[Hometown Postville]

Avraham Nechemiah Ben David: I find your posts very insightful. If you are not already a leader in your community, you should be!