Agriprocessors Asks Court To Suppress Evidence

Attorney for the company claims evidence against it was illegally seized during immigration raid.

Agriprocessors asks court to suppress evidence
By Trish Mehaffey • The Gazette

CEDAR RAPIDS — An Agriprocessors’ attorney claims the evidence seized during the May 12, 2008, immigration raid at the Postville meat plant should be suppressed because it was obtained illegally.

James Clarity, attorney for Agriprocessors, argued during a motion hearing Monday the government used an administrative search warrant during the raid, which can’t be used for the purpose of criminal prosecution. 

Assistant U.S. Attorney C.J. Williams said officials had an administrative warrant and a criminal search warrant when they entered and executed both simultaneously. The criminal warrant would cover arresting illegal workers and seizing documents and computers at the plant, he said. 

Chief Judge Linda Reade told Clarity she didn’t think there was legal standing for his argument but said she would consider his argument and submit a written ruling.

The charges in a 142-count indictment against the plant and former Vice President Sholom Rubashkin stem from the raid in which 389 workers were arrested.

There will be two trials, one concerning immigration charges and the other involving financial charges of bank fraud, money-laundering and non-payment for livestock. The first trial is set to start Sept. 15. 

Comments

[Hometown Postville]

"Chief Judge Linda Reade told Clarity she didn’t think there was legal standing for his argument but said she would consider his argument and submit a written ruling."
Don't SMR's lawyers ever get embarrassed submitting these frivolous claims? The judge's comments make them look stupid. I know... they are just doing their job and can't leave any rock unturned. Guess I wouldn't care how stupid I looked if I were making millions on a case, especially one away from my hometown. In my opinion, the raid could have been conducted years ago given the Rubbishclan's legal history, but this case required intricate research behind the scenes to make sure all the loopholes were covered before proceeding. I just hope all bases were covered.

[sage]

This is the SECOND TIME the RCF has asked for this.

They just won't let things go, but all of these piccaune manuevers are adding to the Court Costs, which they will have to pay, if convicted.

[yidandahalf]

Sholem "Cukaracha" Rubash-in feels the pinch and the pain in his lair on Ko$her Hill. How we pity him out there on the prairie, tormented by squads of self-hating Jews and yellow flies. The first endlessing attacking from cyberspace and the second whenever he nudges out of his door to go davenning. But he won't give up or give in. He will continue on his martyrly path til the bitter end, no matter where or when it may overtake him. Because he succumbed for a good cause, the cause old Aaron gave him so long ago. YES! To bring affordable ko$her meat to good KA$RU$ fearing yidden.

[A. Nuran]

Standard legal maneuver. Nothing newsworthy there.

[Avraham Nechemiah Ben David]

I hope this bastard gets convicted and all his legal maneuvering utterly fails. I see this as a really good start to the crumbling of the Chabad empire. It's going to come tumbing down, hopefully sooner rather than later.

[sage]

"RCF sat on a wall,
RCF had a great fall,
All the Chabad horses and all the Chabad men,
Couldn't put RCF back together again."

[Hometown Postville]

I like that Sage!

[sage]

Thanks, HP.

I'll have to have a stiff libation of George Dickel Tennessee Whiskey to celebrate your kind compliment.

[sage]

+++ Because he succumbed for a good cause, the cause old Aaron gave him so long ago. YES! To bring affordable ko$her meat to good KA$RU$ fearing yidden.

Posted by: yidandahalf | July 07, 2009 at 09:44 AM +++

Hi, my friend.

I humbly want to take the liberty in offering a variation in you excellent post:

Because he succumbed for a good cause, the cause old Aaron gave him so long ago. YES! To bring affordable non-ko$her meat to good KA$RU$ fearing yidden.

[yidandahalf]

May he speedily succumb and the OU along with him.
Genack was heard singing an old Rolling Stones song. He sang "Can I get a witness?...If I cry in my sleep it's cos I haven't sold a hecksher all week..."