Rabbis Appeal For Rubashkin Release

"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."

Rabbis Appeal For Rubashkin In Washington
Rabbi Gershon Tannenbaum • Jewish Press

          On Tuesday, January 26, 2010, a group of prominent rabbis conducted a news conference at the National Press Club in Washington, DC. The rabbis came to ask United States Attorney General, Eric H. Holder, to intercede, on compassionate grounds, for the release on bail of Sholom Mordechai Rubashkin.

                                                          The National Press Club

            The National Press Club, "where news happens," was founded in 1908, and has been a part of Washington life for more than 100 years. Every United States President since Theodore Roosevelt (1858-1919), 26th president (1901-1909), has come through its doors, as well as kings and queens, monarchs, prime ministers, premiers, senators, congress members, cabinet officials, ambassadors, religious leaders, scholars, entertainers, and business leaders.

            The last time a rabbi spoke at the National Press Club was on Wednesday, July 14, 2004, when Rabbi Joseph Gerlitzky of the Rabbinical Congress for Peace, based in Tel Aviv, spoke at a National Press Club "Newsmaker" News Conference where he voiced opposition to the then proposed Israeli withdrawal from the Gaza strip. On November 3, 1986, Rabbi Meir Kahane,Hy"d (1932-1990), spoke at the National Press Club to confirm the biblical granting of the Land of Israel to the Jewish People. 

            The National Press Club calendar for Tuesday, January 26, had the event listed as a News Conference titled: "Rabbis Support Rubashkin." The rabbis came by plane, train, and automobile. The group included Executive Vice President of Agudath Israel, Rabbi Chaim Dovid Zweibel; Executive Vice President of the National Council of Young Israel (NCYI) Rabbi Pesach Lerner; representing the National Committee for the Furtherance of Jewish Education (NCFJE) Rabbi Aaron Raskin; Executive Director of the Aleph Institute, Rabbi Aaron Lipskar; President Emeritus of the Rabbinical Association of Queens, Greater New York, Rabbi Aryeh Sokoloff; Director and Counsel of the Agudath Israel's Washington, DC Office, Rabbi Abba Cohen; and Director of the Rabbinical Alliance of America, Rabbi Gershon Tannenbaum (this writer). The Union of Orthodox Jewish Congregations (OU) also expressed its support.

                                                       The Rubashkin Prosecution

            Agriprocessors, Inc., then the largest producer of kosher meat, was the site of a May 2008 immigration raid that led to the arrest of 389 immigrant workers. Almost 270 of those arrested were tried, incarcerated, and deported. In December 2006 six Swift & Company meat production facilities, in Colorado, Texas, Nebraska, Utah, Iowa, and Minnesota, were raided by the US Department of Homeland Security's Immigration and Customs Enforcement (ICE).

ICE reported that an estimated 1,282 Swift employees had been detained on immigration violations.  A grand jury later met, but indictments never came, and Federal authorities never revealed what they had suspected.

            In the case of Sholom Rubashkin and Agriprocessors, Federal authorities aggressively pursued what appears as selective prosecution. He was tried on 91 counts and found guilty on 86 counts by a jury in a Federal Court in Sioux Falls, South Dakota. Originally charged with 163 counts, Rubashkin was acquitted of five counts at trial, and the government later dismissed the remaining 72 counts. Rubashkin is presently being held without bail in a jail in Grand Rapids, Iowa.

            Grant Schulte of the Des Moines Register reported that, according to legal scholars, some of the charges against Rubashkin are unusual for a Federal criminal case. Prosecutors also have revised their charges against Rubashkin seven times, which defense lawyers and legal experts say is unprecedented. Prosecutors allege that Rubashkin violated a 2002 order by the US Secretary of Agriculture to pay cattle providers within 24 hours of a sale. The charge stems from a 1921 law, the US Packers and Stockyards Act. The law requires "prompt payment" to protect livestock producers. At trial, cattle producers indicated that they would gladly continue doing business with Rubashkin.

            Two scholars, who studied the above-stated law, said they had never seen it invoked in a criminal case. "This is the first time in my life that I've heard of that," said Professor Christopher R. Kelley of the University of Arkansas Law School. A leading contemporary expert on agriculture law, Professor Kelly teaches government regulation of agriculture, agricultural environmental law, and international agricultural trade.

            Eli Zirkind, representing "What, Where, When," a Baltimore Jewish publication, interviewed Nathan Lewin, renowned Constitutional law expert and respected lawyer. One of the most prominent attorneys in the United States, Lewin is quoted as saying, "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."

            Nat Lewin is quoted elsewhere as saying, "But it is worth stepping back to evaluate whether - even taking the prosecution's proof as totally credible - Rubashkin deserves the condemnation he is receiving. Even the prosecutors did not claim that he intended, when arranging Agriprocessors' $35 million line of credit from a St. Louis bank, to steal the bank's money."

                                            While Rubashkin Was Being Prosecuted

            While the case against Rubashkin was fiercely pursued, Janet Napolitano, Secretary of the Department of Homeland Security (DHS) and ICE issued new guidelines on April 30, 2009, regarding prosecuting employment of illegal immigrants. The guidelines effectively strengthen the Obama administration's intent to eliminate immigration enforcement, especially when it comes to detaining and removing illegal aliens from the workplace.

                                                         At The Press Conference

            Rabbi Pesach Lerner, coordinator of the event, in opening the press conference, outlined the issues and presented the rabbis to the assembled newspaper and media reporters. Rabbi Chaim Dovid Zweibel expressed dismay and concern over the premature imprisonment of Sholom Mordechai Rubashkin and, seeking compassion, urged the US Department of Justice to closely scrutinize the demands by Federal prosecutors in Iowa that Rubashkin be imprisoned before he is sentenced. The group, which involved rabbis from some of the nation's largest and most well-known Jewish organizations, also demonstratively walked to the Department of Justice to deliver the a letter to US Attorney General Eric Holder, requesting that he review the matter and meet with the rabbis. A response is being awaited.…

All I'll say is that Tannenbaum manages to avoid reams of evidence against Rubashkin while he misrepresents much of the little pro-Rubashkin evidence he's found. Not that surprising from coming from a man with a 30 year track record of scams and federal enforcement actions.

Rubashkin Index.

The Big Bad Butchers Of Agriprocessors.

[Hat Tip: The Other DK.]

Comments

[Bill]

"A response is being awaited."

This is not BEING much good English in this article.

[Witness]

Listenting to Fox news, either Emmanuel Rahm or Eric Holder will be resigning in the vey near future. I hope both go, but if Eric Holder resigns, will we be treted to a wave of Free Rubashkin activities ? And if "The guidelines effectively strengthen the Obama administration's intent to eliminate immigration enforcement, especially when it comes to detaining and removing illegal aliens from the workplace" will Rubashkin be cut loose ??

[effie]

They portray Nathan Lewin as an independent expert when he is really a co-defendant's defense attorney. Not very ethical, Jewish Press.

[RJBZ]

Just Garbage and Hillul Hashem - "all goyim are stupid" they secretly think... a pox on them - woe to am yisrael.

[Hometown Postville]

Wouldn't all the time, energy and money being devoted to a final fling before a lifetime in prison be put to more constructive use combating REAL problems?

[Big Jew]

You know what I actually feel bad for the guy! Nobody should do what he did but the fact is he screwed up and didn't take the please deal and now he's gonna do hard time. Let the guy be with his wife and kids for a few weeks or however long it is. His lifes basically over.

[effie]

Big Jew: That wouldn't be a problem but for the fact that the court held a hearing and determined that he was a flight risk and continued to break laws and tamper with evidence when he was on bail.

[Yerachmiel Lopin]

How long before they start claiming that this is all the evil work of Judge Goldstone who has it in for Chabad at the instructions of Hamas. Hamas did this becuase they fear the power of the Rebbe even more than they fear the Israeli army.

Come on, Rubashkin has been given his trial and lets just admit he deserves serious time in the pokey.

[Gladys]

I love the utter contempt for the people of America and particularly Iowa. Ignorant, lazy peasants who won't work for a decent Jewish wage and therefore deserve to be replaced by whomever Rubashkin can import.

The state's new motto should be "Iowa: a land without a people for a people without a land."

I'm trying to remember why we rescued him and his family from Poland. It sure seems like he has carried his contempt of sheigetz Poles right here to America. But I guess a peasant is a peasant is a peasant

[Witness]

Bottom like, folks, is that Rubashkin was dealt with much differently than all the other illegal alien employments cases before him and after him. The judge, too, was deeply involved in the Rubashkin alien raid and disposition of those arrested, held in an arena, jailed, and ultimately deported. Yes, the prosecution did drop all the alien charges - but only after it was used as a background monster to help get SMR convicted.
Of course, no one put a shotgun to SMR's head, but he felt that he must resort to various, somewhat illegal, slights-of-hand to keep his enterprise afloat. True, he never intended to swindle the bank, nor did the bank ever have a loss until the whole thing fell apart. Also true, SMR did not do the illegal for personal gain. He never took a couple of million, or even thousand, dollars and hide it in a Swiss bank or under his mattress. Yes, he should suffer the consequences of his admitted "mistakes." But, you have to admit and you have to feel, that 20 years in the slammer is way out of line. Have some mercy, folks, he did not kill anyone, he did not steal anyone's life savings, nor did he ever force anyone to do anything. I do not see any justice in SMR's crucifixion.

[Shmarya]

Please.

The bank fraud started many years before the raid. And the immigration charges were based on one thing you fail to mention – Rubashkin helped the undocumented workers get fake IDs, and did so on a wide scale.

And the dropped charges? NOT dropped for cause, but dropped conditionally, meaning they can be reinstated at any time during the statute of limitations.

Why dropped conditionally? Because even if convicted on all immigration charges, those convictions won't impact his ultimate sentence or time served because of how US sentencing guidelines are structured.

I also don't want to see SMR do 20 or 30 years in prison, but I don't want to achieve that by lying and misrepresenting the facts of the case – things you seem to have no trouble doing.

[effie]

Lewin represents Rubashkin on appeal? I thought he represented his father? Either way, that is one factoid the JP should have printed.

[Witness]

Thank you for your response. I plainly am not as intimately familiar with the facts of the case against SMR as you are, but I am unaware that the bank fraud began way before the raid. Would that not be before SMR assumed the directorship of Agri ?? Either way, I felt that 2, 3 or even 5 years in lock-up would achieve whatever justice should be dealt out. I do not believe, nor feel, that SMR was this arch-villian that should be lynched (or effectively put away for life).

[Shmarya]

It was NOT before SMR "assumed" the "directorship" of Agriprocessors.

SMR faces so many years in prison in large part because he refused to cooperate with the feds.

[state of the Jews]

SMR labor violations were raised many times with him directly. The most he would say is that yes there are problems but he would deal with them in his own way. In short he refused all advise and suggestions made by those who wanted to help.
He is a victim of his own folly.

[the sane one]

"treated better than all the major slaughter houses?" False. I have been in more slaughters than this moron. Unless he has been in EVERY slaughter, i doubt it, pure speculation. Postville was the worst. "Every other meat packing plant" employs illegal aliens, also false. Like I said, I have been in more slaughter places than these bozos. Yet again, Postville was the worst. Sentence this bastard already! Getting sick of the upper jew lies!!!

[OMG]

Witness
Why and how SMR wound up in this predicament has been enumerated in this and other blogs numerous times, that fact will not change because you keep on regurgitating the same garbage again and again, the fact is there are no credible evidence, just conjecture by the like of you that the trial judge, Judge Reade was the one who was involved with the original search warrant, which is total bunk, the only involvement she had prior to trial, that as her position in the district court, Judge Reade had the responsibility that when the immigration raid occurred that the court system where properly staffed with bilingual defense attorneys and interpreters, I challenged you to cite me even only one reputable source who would have proof that your assertions is true. As to why he should not be out until after he served his time, you know who is primarily responsible for not having SMR out on bail, so he could arrange his affairs before he is locked up for some hard time, he himself is the problem, his action before and during the trial was enough for the judge to view him as a flight risk, and secondary, the orthodox mentality, i.e. this is a blood libel, all the jews are on trial, to get him out of jail is they biggest Mitzvah, since circumcision, and we must do anything possible to help SMR to the tune of millions of dollars, so what do you expect the Judge should do? Let him out so he could vanish with the enormous resources he commands in the orthodox community, every time when a rabbi or an orthodox newspaper opens their mouth in support of SMR, they acutely have the opposite effect then they desired, it gives more credence to the prosecutions argument that a large percentage of the orthodox jews, if given the chance they would do whatever necessary to help him to vanish, in the courts view SMR is a martyr in the orthodox community, and there is no bigger Mitzvah then “pidyon shvuyim”, so every time you and your ilk, blogs, or writes a news story, or pens an editorial, or hold a press conference at the National Press Club, or request the scraps of gold, you are making the judge and the prosecution more determined to keep him locked up, you are defeating your own goal. So how about clam down, and let the system take care of SMR.

[the sane one]

The system has and is "taking care" of SMR. Have you ever had personal dealings with the man? If you have, and are not jewish, you would be the same.

[OMG]

The system has and is "taking care" of SMR. Have you ever had personal dealings with the man? If you have, and are not jewish, you would be the same.

Posted by: the sane one | February 05, 2010 at 11:56 AM

Can you please explain what you are driving at?

[the sane one]

My point is he a bastard and deserves everything coming to him.

[steve]

I do not see any justice in SMR's crucifixion

"Crucifixion", "Blood Libel", please stop with this nonsense already. This is not ancient Rome or medievel Europe. The man repeatedly broke the law despite years of warnings and pleas. He could have run an honest business with transparency but instead he chose to run it like one of those old Times Square retail electronics "clip joints".

[The Real Joe]

After seeing whats going on in all of the NJ cases involving Dwek, I think any Jew should be supporting Rubashkin whether you think he's Innocent or not, because he's siting not for hiring illegals or scamming a bank, but because he doesn't want to work for the Feds its not a secret he wouldn't have gotten 44 people arrested but a much higher number had he Ch'V gone the Dwek way so I for one will continue to support him, because the Feds totally over blew this just because they found a nice catch Right wing Religious Jewish rich guy, and the fact that the raid happened during the Bush administration means nothing because I am referring to a different type of right wing.

[justice seeker]

Dear Real Joe: Work for the feds, you have had to much vodka and Mountain Dew. He is not going to roll on his old man, so the feds are happy to nail the #2 crook in the organization. He didn't take the fall for anyone but himself. The money he spread around was dirty and it soils his community. Taking the dirty dole robs people of self respect.