Rubashkin Lawyers File Lawsuit Over Raid

Rubashkin demands government accounts of how a May 2008 immigration raid was planned and executed.

Lawyers for Rubashkin file lawsuit over raid
BY GRANT SCHULTE • Des Moines Register

Lawyers for an indicted eastern Iowa slaughterhouse executive filed a lawsuit Friday demanding government accounts of how a May 2008 immigration raid was planned and executed.

Attorneys for Sholom Rubashkin, the former executive at Agriprocessors Inc., sued U.S. Immigrations and Customs Enforcement for "the immediate processing and release of agency records" related to the controversial raid.

Rubashkin is scheduled to stand trial Oct. 13 on charges of bank, mail and wire fraud, money laundering, and failing to pay cattle providers on time. Another trial will deal with allegations of harboring illegal immigrants.

The former plant executive was arrested last year after immigration agents raided his plant and detained 389 illegal workers.

Rubashkin has pleaded not guilty and vowed to fight the allegations in court.

The lawsuit alleges ICE officials failed to comply with records request under the U.S. Freedom of Information Act.

Rubashkin's lawyers said they requested documents explaining how the raid was planned, organized and executed. They also sought information on how the operation was justified, and any "evaluation, comment, question, or concern as to the successes or failures of the raid."

Defense lawyers sent three follow-up letters asking ICE officials about the open records request over a 132-day period, according to the lawsuit. ICE officials allegedly said they were still trying to comply with the large request.

"Despite several requests for production of the information sought, it is apparent ICE will not honor Sholom Rubashkin's FOIA requests without legal pressure," Rubashkin lawyers Guy Cook and F. Montgomery Brown wrote in the lawsuit.

An ICE spokesman did not immediately return a phone message.

[Hat Tip: FGBA.]

Comments

[Concerned for the Postville Area]

do they have NO shame!

[AGRI-vated Angel]

Apparently, the graveside visit was not successful in compelling Sholom to come to terms with his guilt. Therefore, he remains unable to feel remorse for what he has been part of.

[Rubashkin demands government accounts]

I am curious . . .

Does the family hope to attain this information as a means to 'strategize' for the next round of 'Rubashkin Scandals'?

[sage]

Shame, contrition, admission of wrongdoing, being Torah-true Jews, etc.; none of theses things are in their mental paradigm.

[The sane one]

Only the jew lawyers would even think of such a thing. F'em!!!!

[joe]

F.M I think the sane ones is antisemitic and should be blocked from this site

[Yosef ben Matitya]

do they have NO shame!

evidently not, Concerned,
they should be shunned and repudiated by now by the legitimate honest orthodox jewish groups.
alas it seems there is little of those left, most of those left, are intimidated to cross swords with chabad thugs.
together the timid honest orthodox and the chabad thugs are officiating at the official funerals of orthodox judaism, or worse yet at the death throes judaism.

[A. Nuran]

Looks like a desperation ploy. They don't feel confident arguing the facts or the Law. So they're going for a defense which doesn't address either.

[sage]

At least there's a firm coundown of three weeks and one day till the first trial.

Finally, some RELIEF !!!!!!!

[Hometown Postville]

Sage- you really think it's going to go down in three weeks? I'm betting on another delay,and then another, and another, and another....

[sage]

Hi HP,

I don't forsee any other delays.

All of SMR's appeals for change of venue and dropping all charges have been resolved.

Unless SMR gets hit by a "blinding vision", similar to that of St. Paul, and pleads guilty to all Federal and State Charges, Tuesday, October 13 will be the beginning of the end.

[state of disgust]

Requesting records pertaining to the raid have nothing to do with bank fraud charges or illegal immigrant charges, etc. This is nothing more than a fishing expedition.

[sage]

Yes.

But the next question we might want to ask ourselves is: "What other additional cockamamie antics do they have in mind?"

[Shmarya]

I think the point of this is to have grounds for an appeal on one hand while hoping to influence public opinion on the other.

Good defense attorneys law grounds for the appellate process before the first trial begins.

While they hope to win they know very well they may lose, so they structure their defense to allow as many grounds as possible for appeal.

[sage]

Legal Question:

If SMR is convicted in the first trial, and appeals, does this stop the other trials from taking place?

[Shmarya]

No.

[TheTruthAsItIs]

Talk about your typical Defense Lawyer "smoke and mirror" move....

What does how the Gov't planned, executed, and self evaluated the raid have anything to do with refuting the bank, wire, and mail fraud charges?

Now, granted, it might... I stress MIGHT be somewhat relevant in SMR's illegal immigration charge....

But I think if the SMR's Defense team isnt careful this sort of thing could backfire..

[FirstGenerationBavarianAmerican]

I think it is just as the moderator stated - the defense is stockpiling a bunch of reasons to justify requesting an appeal if things turn out badly at the first trial. They can't just walk in and ask for an appeal - they have to come up with a cock-and-bull story about why the first trial was flawed. Coincidentally, it keeps lawyers continuously employed.

[The sane one]

Hey Joe, I hate every form of organized religion, be it Jew, Catholic, Muslim, etc..., they all hide behind it like an f'ing shield. The problem is every one of them is based off the same basic principles. Why then have different ones? We are human is the answer. Power and influence is what is sought by every top dog in the fray of things. F' them all, I will not be a part of any organize religion for this very reason. It's a never ending cycle. Call me what you will, Shmarya may ban me if he wants, but I only read this blog to keep up on postville.

[sage]

Hi The Sane One,

A Rabbi in the 1st Century, who had his head screwed on right said: "The meek shall inherit the earth."

Let's be patient, but have no tolerance for any injustice, especially from "so called pious Jews", who flaunt their religion, or, lack thereof, in public.