The Alternative Universe Of Agriprocessors Former Counsel, Nathan Lewin

Lewin says Agriprocessors workers were paid more than workers at other meat plants and were better treated – even though government-siezed records show workers made minimum wage (or less) and were mistreated.

What, Where, When bills itself as Baltimore's Jewish monthly family magazine.

Elie Zirkind interviewed noted constitutional law expert and lawyer Nathan Lewin for this month's issue. 

Here is the excerpt that deals with the Agriprocessors / Rubashkin cases:

EZ: What was your role in defending Sholom Rubashkin, and why did you agree to take his case? 

NL: I am not representing Rubashkin any longer. I represented Rubashkin and Agriprocessors in a number of legal matters prior to the matter that is presently pending. I represented him in connection with the allegations that PETA, People for the Ethical Treatment of Animals, suddenly made after they put somebody in the plant undercover - in what I thought was illegal trespass onto the premises - and took pictures of what was going on in the meat plant. 

I have to say, unfortunately, that I thought the Orthodox community, including the Orthodox Union, did not sufficiently come to Rubashkin's defense at that point, and that, I think, is what began the whole slide down for Agriprocessors. I think Rubashkin and Agriprocessors did an amazing job for the Jewish community, and were entitled to the support of the Jewish community. They were disappointed that they did not receive that support. The Jewish Forward even began a series of articles, many of which were filled with misrepresentations, lies, and false statements against Rubashkin.

As far as the current matter, regarding Agriprocessors having employed illegal aliens, it was a well-known fact that Agriprocessors employed illegal aliens - as does every other meat packing plant in the United States. It's a perfect job for illegal aliens, who don't know English and are willing to work in Iowa, in freezing temperatures, dragging around dead animals. Most Americans are not ready to do that. I will say definitively, from everything I saw, that Rubashkin treated his employees better than the employees are treated at all the major slaughterhouses in the United States. They were paid better and treated more humanely. 

The Forward, for its own reasons, decided they were going to write exposes about Rubashkin's employees. These exposes were false and were based on statements made by selected employees who had grievances. The result was that many Jews accepted what The Forward said, and then came the immigration raid. Federal officials decided to raid the plant, even though they did not do so for any other slaughterhouse. 

Now the interesting thing is that, under the Obama administration, immigration officials have now changed their policy and are no longer raiding plants. They have decided to simply to talk employers to get them to fire their illegal employees. This was something Rubashkin was always prepared to do. Was Rubashkin's system perfect? No. Many of his employees provided false papers. 

Rubashkin is now being represented by local lawyers from Iowa. I hope he wins his case; he is entitled to win it. 

If telling the truth were a requirement to be an attorney, Lewin would be disbarred.

As it stands, he may one day be disbarred for his lobbying efforts on behalf of Agriprocessors, carried out, it is alleged, without identifying himself as the company's attorney. He was allegedly deeply involved in the effort to change US Humane Slaughter directives to allow the throat-ripping practiced at Agriprocessors. (Watch.)

Lewin also tried to smear PETA by 'linking' the organization to Nazi ideology. The 'link'? The Nazis opposed animal cruelty.

(I would point out that the Romans who destroyed Jerusalem and killed tens of thousands of Jews enjoyed drinking wine. That didn't make wine drinking wrong and it didn't stop Jews from making kiddush over a cup of wine. In the same way, the Torah is opposed to animal cruelty. Nazi opposition to animal cruelty does not cause Judaism to stop being concerned about treatment of animals.)

You can hear Lewin debate a non-Jewish PETA leader at a NYC Orthodox synagogue in 2006 where the Nazi smear is raised:

Part 1.

Part 2.

And, despite Lewin's lies, Agriprocessors undocumented workers were paid far less than the the industry standard as is clearly shown in news reports from the time of the raid and in documents and other evidence seized by law enforcement during the raid.

Clearly, Nat Lewin is living in an alternative universe of his own making. 

Nathan Lewin's Roles In The Agriprocessors/Rubashkin Scandals.

Comments

[rabbidw]

An attorney is paid to represent his client. End of story. Any resemblance between what an attorney says, and the truth, is purely coincidental. You don't believe him? So what? You didn;t believe Obama about his relationship with Wright and Ayers et.al. but that din't stop the people from voting for him anyway.

[Jason]

Shmarya, I have not commented here in quite a while, but I saw this post and thought I would drop you a line. You state that "If telling the truth were a requirement to be an attorney, Lewin would be disbarred."

In fact, (contrary to most people's perceptions of the legal industry) telling the truth is a requirement for an attorney, and is part of the ethical rules. In NY, Rule 8.4 states that "A lawyer or law firm shall not...(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation." This is substantially similar to the rule in effect in most jurisdictions. If you have proof that Lewin was intentionally lying, especially in the context of representing a client (also covered in Rule 4.1), you should report him to the State Bar of whichever state in which he is licensed.

[Menachem]

When you attempt to diminish the second to biggest constitutional lawyer, you diminish yourself.

[Shmarya]

Menachem –

Lewin is simply misrepresenting facts. That diminishes him, not me.

Jason –

Hey! How are you?

I think I'll take your advice and report him!

[Jason]

Menachem, "second to biggest" anything should have no bearing on anything. All men are created equal and all should be judged equally. And since when did prominence equal ethical behavior?

[sage]

Welcome back, Jason !!!!

It's a shame that the same ethical rules that govern the judiciary, do not apply to Rabbis.

If they did, then we could really do some long overdo house cleaning, beginning with a prominent OU fuctionary, that attends your shul.

[Jason]

Thanks Sage. The gentleman you are referring to attends a different shul in town (if we are talking about the same person, and I think we are) but your point is taken nonetheless.

[state of disgust]

The key word here is "intentional."

If Lewin did an once of investigation to determine his clients veracity, something not required by law, he would have discovered:

a) Most workers were paid at or near minimum wage.
b) Workers had illegal deductions made from their paychecks.
c) The PETA "spies" filmed illegal treatment of animals in both the Postville and Gordon plants rendering kashrut dull and void.
d) Statements from workers made to the FORWARD were not from "selective" disgruntled employees. Everyone working their complained including the shochtim and mashgichim (they even had a walk-out)!
e) Employees at other slaughterhouses were/are treated MUCH better than employees at Agri.
f) Finally, the OU didn't defend Rubashkin in stronger terms because half the members of the OU board felt the place was a hell hole. The other half didn't deny the terrible conditions at Agri, they just didn't want to loose the income had they withdrawn their hashgocha (so much for their ethics).

[state of disgust]

Sorry for the misspelling: I meant ounce not once. Pretty funny actually;)

[state of disgust]

Another one: null and void not dull and void. I guess I was thinking of the subject:)

[concerned]

Lewin show a contmept and arrogance for Iowa! Heck they are tops in the big ten!

[concerned]

Mr. Lewin also has selctive memory. There was a large raid in Marshall, Iowa the previous year. If Agri wanted to rid itself of illegals as he implies why was SMR doing new ID's the night before the raid. He is in deNile!

[rabbidw]

As I said, lawyers are trained in what questions NOT TO ASK. The less they know the better they can argue for the client. The lawyes is not a fudge oe a jury, he is a hired mouthpeice. There are many attorneys who disagree with the bar standards and argue that effective representation may, in some cases, require the attorney to offer perjured testimony. This is not the standard, but it is not a far out position either. Nat Lewin did not suborn perjury, he advocated for his client. There is no practicing attorney who would have done otherwise.

[Shmarya]

But Lewin had to know the answers to all these questions. I believe he even attacked the media that reported the answers and does so, in part, above, as well.

[AGRI-vated Angel]

[Alternative Universe]

Hmmm . . . interesting.

Have a Spook-tacular Weekend! :)

[effie]

There are many attorneys who disagree with the bar standards and argue that effective representation may, in some cases, require the attorney to offer perjured testimony.

Bull. And the attorneys that do, belong in prison with their clients.

[Yosef ben Matitya]

Alternative Universe

how true, this is also called orwellian universe! :-)

[FirstGenerationBavarianAmerican]

"I think Rubashkin and Agriprocessors did an amazing job for the Jewish community, and were entitled to the support of the Jewish community. They were disappointed that they did not receive that support."

Is he suggesting people send money to that fund, which will be used to pay lawyer fees? Sounds to me like the whole purpose of the interview was to promote the economic well being of lawyers.

[viagra online]

Throughout recorded history, several cosmologies and cosmogonies have been proposed to account for observations of the Universe. The earliest quantitative geocentric models were developed by the ancient Greeks, who proposed that the Universe possesses infinite space and has existed eternally, but contains a single set of concentric spheres of finite size – corresponding to the fixed stars, the Sun and various planets – rotating about a spherical but unmoving Earth. Over the centuries, more precise observations and improved theories of gravity led to Copernicus's heliocentric model and the Newtonian model of the Solar System, respectively. Further improvements in astronomy led to the realization that the Solar System is embedded in a galaxy composed of millions of stars, the Milky Way, and that other galaxies exist outside it, as far as astronomical instruments can reach.