Rubashkin Jail Dispute Highlights Faith Issue

It was the leather straps and a prayer shawl - all viewed as potential weapons - that caused the Black Hawk County sheriff last week to deem Rubashkin's religious needs too dangerous for the local jail, county officials and Rubashkin's rabbi said.

Rubashkin dispute highlights faith issue 
BY JENS MANUEL KROGSTAD • Des Moines Register

Waterloo, Ia. - Each morning before he prays in his jail cell, Sholom Rubashkin wraps a thin black band from his forearm to his fingertips, and he wraps another band around his head.

It was the leather straps and a prayer shawl - all viewed as potential weapons - that caused the Black Hawk County sheriff last week to deem Rubashkin's religious needs too dangerous for the local jail, county officials and Rubashkin's rabbi said.

The incident raised the thorny legal question of how much religious freedom to allow prisoners.

Last week in court, defense attorney F. Montgomery Brown explained that Rubashkin's First Amendment rights require certain religious accommodations.

But legal experts say it's not the Constitution, but a law passed a decade ago by Congress that often requires the government to go to great lengths to accommodate the religious needs of prisoners.

Prison officials must have strong reasons for not accommodating a prisoner's religious needs, one expert said.
"The reasoning can't just be providing a kosher meal is too complicated or it's an extra expense," said Charles Haynes, a senior scholar at the First Amendment Center in Washington, D.C. "That's not good enough."

The law says the government cannot "impose a substantial burden on the religious exercise of a person, including a religious assembly or institution" without showing a compelling interest - such as prison safety. Officials must also prove no less-burdensome method of meeting the request exists.
In practice, the law has allowed white supremacists access to religious texts considered extreme hate speech by prison officials.

Muslim prisoners have challenged prohibitions of community prayers on Fridays after officials deemed the large public gatherings of prisoners too dangerous.

American Indians on death row have made a sweat lodge ceremony their last request, arguing they should be accommodated because Catholics receive last rites.

The Religious Land Use and Institutionalized Persons Act was a reaction to a 1990 U.S. Supreme Court decision, legal scholars say.
In the case, the state of Oregon denied unemployment benefits to two American Indians fired from their jobs for testing positive for a substance found in peyote cactus, a hallucinogen used in religious ceremonies.

The court ruled in favor of the state because a ban on possessing peyote applied to everyone equally. It noted the law did not make any religious exemptions.

Congress worked for a decade to override the court's decision, passing the law in 2000.

Yet prisons, by definition, deprive people of liberties. Black Hawk County District Associate Judge Nathan Callahan said as much last week in court when he used a sweat lodge as an example of an unreasonable accommodation.

"If the defendant were a Native American, and his religious requirements included a sweat lodge and the use of hallucinogenic plant material, that would be denied," Callahan said.

"I'm not trying to be disrespectful of anybody's religious traditions or beliefs," he said. "But I'm not derailing this proceeding because of his choice."
A constant tension exists between a prison's need to maintain discipline and safety and a prisoner's right to practice religion because there is no clear legal line defining when a religious accommodation becomes unreasonable, officials said.

The law is murky enough that it's fairly common for prisons around the country to encounter the issue, said Haynes, the first amendment scholar.

"The fact that Congress (passed the law) shows that, I think, in the United States there's still a very strong commitment to allow people to follow their conscience to practice their faith, even in prison," he said.

Rubashkin arrived at Black Hawk County Jail around noon on Monday ahead of his trial on 83 misdemeanor child-labor charges stemming from his time as an executive at Agriprocessors Inc. in Postville.

Problems began the moment he entered the jail, Rabbi Avremel Blesofsky said.

The Black Hawk County sheriff's office confirmed Rubashkin had been moved to Linn County jail, but did not comment beyond statements made in court last week.

The Black Hawk County Jail staff removed Rubashkin's yarmulke and tzistzis - his skull cap and cloth white strings that hang from the hips of a man's pants, all parties said. His faith as a Hasidic Jew prohibits him from moving more than about 18 inches without the religious garb.

So staff carried Rubashkin to move him around the jail before eventually providing his religious attire, according to statements made in court.

Rubashkin claimed staff dragged him on the floor about 40 feet to his cell, even after he said they could transport him by wheelchair, Blesofksy said. Rubashkin reported no injuries.

Rubashkin also refused to eat for about 24 hours in what his defense attorney called a hunger strike. The jail provided kosher food, but rendered it not kosher by cooking it in the prison kitchen, he said.

Blesofsky said he believes ignorance of Rubashkin's religious needs created most of the problems at Black Hawk County Jail.

Blesofsky, who has made dozens of visits to jails on the East Coast and in eastern Iowa, said this is the first time he has encountered so much resistance to religious requests.

"That's really inexcusable. Before you rough someone up or carry someone around unnecessarily, you have to make a few calls to find out his religious needs," he said.
It's not the first time Rubashkin's faith has resulted in confrontations inside prison walls.

Rubashkin's family alleged similar problems in November when prison staff in Sioux Falls, S.D., removed his religious attire after his conviction on federal financial fraud charges.

In February at the Linn County Jail, a disagreement between Rubashkin and another prisoner over a television's volume turned into a physical fight. Blesofsky said the disagreement started because the prisoner was annoyed by Rubashkin praying out loud.

During the remainder of the state trial, Rubashkin will travel each day from the Linn County Jail in Cedar Rapids to the courthouse in Waterloo.

Rubashkin has practiced his religion to his satisfaction in the Linn County Jail for the past six months as he awaits sentencing after his conviction on 86 federal financial fraud charges, Blesofsky said.

Rubashkin prays three times a day, always before eating. He must wash his hands before either act, using water from anywhere but a bathroom tap.
Attached to the black straps Rubashkin wraps on his body for prayer are little black boxes containing pieces of parchment inscribed with verses of the Torah.

Rubashkin wears the bands and boxes, called tefillin, and prays and recites psalms aloud for up to 90 minutes in the morning and for about half an hour in the afternoon and evening.

The jail also allows him 10 books for his religious study. Brown said last week in court that Rubashkin spends a large portion of his days in jail on religious studies.

"He doesn't watch TV and watch football games. He reads stuff," he said.

Comments

[rabbidw]

Wasn't a kid removed from a flight for donning tefillin? I guess outside of NY the goyim don't know from these things.
I can see where the leather straps could be used as a weapon. But the trained martial artist (Rambo?) that could use the tefillin as a weapon could find other, more suitable objects to use and no one has said that Rubashkin is a trained martial artist. A little common sense would go a long way.

[Mr. Apikoros]

I have an idea. Rubashkin can serve his time in an Israeli prison, with the Jewish hardasses. I believe there are actually precedents for this.

My understanding is that Israeli prisons are notoriously tough.

[big brother]

The tax payers of Black Hawk county are getting ready to file a suit against the judge forcing her to move SMR back to the county jail there. The taXPAYERS SHOULD NOT HAVE TO FOOT THE EXTRA EXPENSE. OF TRANSPORTING THIS ANIMAL

[blair thomas]

Why in heavens name did they take away his yarmulka?

[Bill]

maybe you can suffocate someone with a yarmulkeh if you stuff
it their mouth and then duct tape their face.

[big brother]

You all need to remember that the number of secular Jews far outweighs the orthodox ones. I do not wear any of the above mentioned items and I am just, if not more, of a Jew than Rubashkin.
YOU DO NOT HAVE THE RIGHT TO PRACTICE YOUR FAITH AS YOU SEE FIT. The issue here is how many steps the jail has to take to accomodate him He stated he was a Jew so he should only be allowed, by law, the items the majority have

[DK]

Was it a problem for Moshe Rubashkin when he was in prison?

[Bill]

Rabbid W,

Recall that Rubashkin's psychiatrist testifies that SMR was depressed to the extent that he would bang his head against the wall.

A prison warden should be very concerned about providing such an inmate with access to long leather straps and shawls.

If these items were allowed, and SMR hurt himself or
another, there would undoubtedly would follow a wrongful death action againt the warden.

[Yochanan Lavie]

I can see their concerns, but he should at least be allowed his yarmulke. And reasonably (OU level) kosher food. I am not a fan of SMR, but I believe in reasonable accommodations for religious needs.

[effie]

*Very* good point, Bill.

If you can't have a belt, not sure how one can justify allowing the other items.

[Bill]

YL,

I agree with you to the extent that a yarmulkeh and kosher food with an Orthodox hechsher should be sufficient to meet SMRs constitutional rights.

Any other provisions should be based on SMRs willingness to "play ball" with the system - which will probably translate into "zero."

[Bill]

Also, access a general purpose siddur (prayer book) should be generally considered within his rights.

[Mikal W. Grass]

He can pray under the supervision of a jail guard, and the tfellin and tallit can be given to him at prayer times only, with little or no inconvenience to the jail staff.

I highly doubt that SMR would commit suicide with his tfellin and / or tallit, though one never knows.

Granted, SMR doesn't have the right to practice his religion as he sees fit while in custody, but I can tell you that the Christian groups in Florida routinely send ministers, clergy and lay people into the county jails to minister to the inmates. And, in what may be a violation of the Florida Constitution, they receive state money to do so. Such a case was recently sent up to The Florida Supreme Court for review.

Also, a prison is different than a county jail. The prisons tend to have more staff and are better able to meet the religious needs of the prisoners than are the county jails.

[Yochanan Lavie]

Apologies to ZZ Top:

White shirt, black shoes
even in jail I am a chashuvah Jew.
Black suit, no tie,
I don't need a reason why.
They come runnin' just as fast as they do
cause every prisoner's crazy 'bout a frum dressed Jew.

Gold tallit [collar], tefillin,
I ain't missin' not thing to fill in.
Rabbenu Tam, fedora
when I step out I'm gonna learn gemara.
They come a runnin' just as fast as they do
cause every prisoner's crazy 'bout a frum dressed Jew.

Frock coat, black hat,
And I don't worry cause my wallet's fat.
Black socks, black kippah,
lookin' helig, avoiding the klippot.
They come runnin' just as fast as they do
cause every prisoner's crazy 'bout a frum dressed Jew.

[harold]

It was the leather straps and a prayer shawl ... potential weapons

Good g-d we are back to this again. Are there any reports on file of a crime being committed with a talis or a pair of tefilin. Hicktown USA is pathetic! Why can't these rednecks call up some officials in New York were they know these “species” are known to habitate and find out just how it gets handled there?

[Bill]

"He can pray under the supervision of a jail gaurd."- Grass

Grass, that is not a reasonable use of prison gaurd's time.

[Bill]

YL,

that's brillliany

[Bill]

brilliant, even

[Bill]

YL,

The "tallit collar" is called an atarah.

[effie]

It's unrealistic to think that the jail can assign a correctional officer to supervise Rubashkin when he prays.

Suicide is always a problem in jail/prison.

Also, consider the fact that these items could be taken away from Rubashkin and used to strangle him.

[Bill]

several years ago, a prisoner in israel hung himself in jail using tefillin.

it's not unheard of.

[effie]

"They come a runnin' just as fast as they do
cause every prisoner's crazy 'bout a frum dressed Jew."

LOL. I don't know how you pen these so fast, YL. An issue hits the news and BAM! -- there's your parody.

[Successful Messiah]

If this report is accurate, that they wouldn't allow him to have his yarmulka, prayer shawl and tefillin, and that they cooked his kosher food in non-kosher pots, then it seems to me that the prison officials were at best guilty of gross ignorance and stupidity and at worst blatant anti-semitism.

[Dr. Dave]

YL -

Excellent as always.

And to add to the parody, ZZ Top (Zayin Zayin Dreidel?) have beards as nice as SMRs (except of course Frank Beard the drummer prefers to be clean shaven).

[Yoel Mechanic]

Big Brother: a decision of how to handle a prisoner is made on the basis of US law: a one has constitutional rights, which cannot be taken away without due process of law. Decisions are based on principles and not based on how the majority of any particular group behaves. Now in a court case, the court is not supposed to get involved in evaluating whether someone is doing their religious activities in the "right" way, or the "wrong way" or the "majority way". They evaluate the case based on constitutional law (you'll have to read the specific precedents to see what I mean, and the previous cases dealing with these issue are very very interesting actually)

[Yoel Mechanic]

Yochanan Lavie: have you ever thought of teaming up with Weird Al Yankovich, or Schlock Rock, among others, or getting your own studio musicians to share your lyrics with?

[shmaryahu is like Paroh [loves to bathe in jewish blood]]

shmaryahu,you dirty rat,what do you want from this family? haven't you had enough of their blood?
i have no doubt at all,have you lived 65 yrs ago in Europe,you would have been the head KAPO in Auschwitz,and with a smile on your ugly face you would have dragged your own brothers and sisters into the gas chambers

[effie]

On some of the news sites, in the comments the Blackhawk County Jail is now Auschwitz. What a disservice to true victims.

[Yochanan Lavie]

Thanks to all. Thanks for the info, Bill. I forgot what it was called.

[Robert Wisler]

One nice thing about this story. It reports that SMR spends about 90 minutes praying in the morning. The typical length of morning prayer in most synagogues is about 1/2 hour of parroting meaningless words that one recites as fast as they possibly can without understanding and contemplation. If SMR spends 90 minutes, he probably is daveming with kavannah for the first time in a long while!

[annonnnnn]

As you all know, Rubashkin was very happy to be a corrupt businessman. Are all of you protectors worried about yourself being next?

[neighbor girl]

Frontline examines impact of Postville raid
http://wcfcourier.com/news/local/article_04a68832-5b63-11df-a94f-001cc4c002e0.html

[Yochanan Lavie]

Happy Mother's Day to all the Failed Messiah moms reading this blog.

[Hometown Postville]

Faith is such a big issue now, where was it when the crimes were committed?

[Hometown Postville]

Happy Mother's Day to all the Failed Messiah moms reading this blog.
Thanks for thinking of us YL!

[tudres]

Honorable Judge Callahan,

I read with interest the news article where you were quoted “I’m not trying to be disrespectful of anybody’s religious traditions or beliefs,” he said.“But I’m not derailing this proceeding because of his choice.”.

I also read a quote from Sheriff Thompson "For me to kowtow to one inmate's, uh, I hate to call them needs. I think I'm gonna call them wants”.
Please allow me to share some thoughts that may shed light on Mr. Rubashkin “choices” & “wants”.

The things Sholom Rubashkin is asking for are religious obligations given by God directly to the entire Jewish nations approximately 3300 years ago (1400 BCE)– the revelation at Mt. Sinai.

Jewish people have been keeping these precepts, commandments and customs since Moses.

Throughout the ages – especially the last 1900 years or so – the Jewish people were severely persecuted by many nations, in many instances, they were given the “choice” to either adopt the religion practices by most others, or they will be expelled from their country’s (where they lived for hundreds of years) and would have to leave behind all their possessions, property’s and money.

In many other instances, they were offered the “choice” to either convert or be brutally murdered.

If you would devote some time to read some of the history, you will find that the vast majority of Jews “chose” to give up all their life earnings, and countless times have chosen to loose their lives!!! in order NOT to violate God’s commandments and directives.

You see, for a practicing Jew, life without being allowed to practice God’s commandments – is no life. Just like a fish cannot live outside of water. Keeping every last detail of the jewsih religion – as it was practiced since Moses at Mt. Sinai is as important to the life of a Jew as is oxygen and water.

Yes I’m sure you will hear from Jews saying this or that is not that important – these are largely ignorant Jews or reform, conservative, reconstructionist etc. who have “chosen” to change the way Judaism has been practices since Mount Sinai and create a new religion (in their own image)– no offence to them.

[sarah21]

If the good people of Iowa, the Sheriff, Judges, jury (of "your peers") etc. would do some reading for history, they will clearly leaern that religious jews dont 'choose' or 'want' to practice teir religion.

you will find, that although - for thousands of years!-'authorities', men of the cloth, governments have tried to 'enlighten' and 'persuade' Jews to stop 'clinging' to thier faith and 'get with the program'- act like everyone else in those country's.

Jews - for the most part - CHOSE to rather loose ALL thier lifesavings and that of their ancestors (for hundreds of years!) and be EXPELLED penniless from their country's, rather to forgo practicing thier "weird" religion and beliefs.

MILLIONS of sews CHOSE to rather be brutally butchered and murdered! by the "very religious men of the cloth" of another religions - rather then giving up their religoius practices and faith.

So, after some basic research you may learn, that to (practicing) Jews, fulfilling their religious obligations is as vital to them as OXYGEN & WATER.

[rebitzman]

+He stated he was a Jew so he should only be allowed, by law, the items the majority have+

The majority of traditional Jewish me have tallitot - kippot and taffilin. As much as I hate to agree with harold on this point - I agree with harold.

+Yes I’m sure you will hear from Jews saying this or that is not that important – these are largely ignorant Jews or reform, conservative, reconstructionist etc. who have “chosen” to change the way Judaism has been practices since Mount Sinai and create a new religion (in their own image)– no offence to them.+

First and foremost - you call us "ignorant", then end "no offense"?

Second - your "original" Judaism would be utterly alien to Moishe Rabbeinu. At BEST you can call it 15th century Polish Judaism, but more accurately one can say that the Judaism you practice is a right shift reaction to Reform Judaism - is NEWER than Reform Judaism, and in either case in no way would be recognized by the "original" Jews.

Thirdly - you are a putz. Offense intended. Only difference between you and I - I am honest about it.

[mordecai]

I do not buy the regulations depriving Rubashkin his tefillin and tallis.

[effie]

A prior report was that:

"When Rubashkin was first brought to the jail, ....he didn't have his yarmulke and his religious undershirt, Brown said."

Don't blame the jail because he didn't arrive wearing his yarmulke and tzistzis. I imagine they were taken away before he was transported for security reasons, i.e., to prevent smuggling of contraband into the jail. However, this article states that they were later provided to him. But that doesn't stop him and his supporter's from milking it for everything it's worth.

"I do not buy the regulations depriving Rubashkin his tefillin and tallis."

Well, you don't have to. You aren't responsible for the safety of the jail inmates - the sheriff is. The rules are that prisoners can not have articles of clothing that can be used to hang themselves, that other prisoners can use to hang themselves, or that other prisoners can use as a garrote.

Now, Rubashkin knows the drill by now. This has happened before or let's just say he made a stink about it at the other jail. He knew he would get the yarmulke and tzistzis back after being booked.

I read that his objection was that the food was prepared in a nonKosher oven or kitchen. Well, the jail is not going to go out and buy another oven or use a kitchen other than the one they have. His attorney should have met with the jail and discussed all this and see what accommodations could be made or could not be made. Did he?

Instead, I get the impression he and his atty are pulling this crap on the jail at the last moment. You don't get to use your religious demands just to jerk people around.

Why would he do this? So, he can pretend to be a martyr? Receive unwarranted sympathy from the clueless? Keep those donations flowing in?

I'm starting to believe more and more that this was all staged. Bah!

[Bill]

several years ago an israeli prisoner named Asher Weisgan commited suicide by hanging himself with the straps of his tefillin.

(see
http://www.news24.com/World/News/Israeli-killer-commits-suicide-20061222

Bottom line: SMR no play ball in prison = no tefillin -privileges-

[shmaryahu is like Paroh [loves to bathe in jewish blood]]

shmaryahu,you dirty rat,what do you want from this family? haven't you had enough of their blood?
i have no doubt at all,have you lived 65 yrs ago in Europe,you would have been the head KAPO in Auschwitz,and with a smile on your ugly face you would have dragged your own brothers and sisters into the gas chambers

[Sheindel]

Has anyone bothered to ask Jonathan Pollard how he has managed all these years? Apparently JP does not have a toilet in his cell, as he cannot daven in a room containing a toilet. I wonder what he does for kosher meals ???? SMR is not the first, and probably won't be the last, orthodox Jew to be jailed. I would think that Chabad could come up with a way to deliver him his meals, and as for heating them up, if the meals are wrapped correctly, they can be placed in any microwave and re-heated.
The triple wrapping prevents any tainting of the food by a treife oven.

I think this whole situation has been aggravated by the publicity it has received and SMR's own stubborn-nature. He thinks he's in the Hilton Hotel. But at the same time, he is entitled to kosher food. I don't have an answer for his tefillin, but I would again suggest people ask Jonathan Pollard for his comments.

[sam]

A problem arises not with Jewish Inmates but with Reform, Conservative and other Chaplains who practice something less than or other than Judaism and then have the chutzpah to say "This is the Jewish Way".

The Wardens and/or Deputies rely on Chaplains to advise them what should or shouldn't be done. The law allows for religious practices in jails and prisons. But when you have 3 non-Jewish Inmates (true situation) who have been to prison in the past, get together, request Kosher diets since they say they are Jewish, and then tell the Deputies that "Today is the start of a eight day Jewish Holiday that doesn't allow us to work" that causes confusion and problems for the real Jewish Inmates.

Or a Reform Chaplain will conduct a Pesach Seder a week before Pesach or read the Megillah (actually-he will tell the story of Purim and call it a proper service) on Friday when Purim is on Sunday or say that the Inmate's meal is "Kosher Enough" when it really isn't, that's the problem.

When a Frum/Orthodox Chaplain complains about the above situations the goyim have no idea what's going on and exclaim "Why do you Jews/Rabbis always bicker among yourselves?"

[AGRI-vated Angel]

[Yochanan Lavie | May 09, 2010 at 11:59 AM]

Thanks Yochanan! :)

[yochononh]

Sure. It's not a chiyuv especially if one was trained in a reform tradition.. Beard is nisht a chiyuv. Neither is negel vasser etc. etc. or being moiser nefesh for most mitzvois.. R' Sholom Mordche happens to be a *Chossid* and no heter in the world will be good enough for him to walk around without a yarmulke or tzitzis. And turns out the LAW is that the prison *must* accommodate as long as there's no security risk. Who was he going to strangle with his yarmulke? Vu iz dein kop??

You on the other hand do have a chiyuv to love your fellow Jew and to not stand idly by your brother's blood.

Care to share with everyone what heter you are relying on, that absolves you from these obligations and allows you not only to stand idly by but dance upon your brother's blood?? Awaiting to be thoroughly impressed by your erudition....

[effie]

It doesn't appear that they are required to make anything but reasonable accommodations, which will never satisfy Rubashkin or his followers. See:
Baranowski v. Hart, 486 F.3d 112, 124 (5th Cir. 2007)

Baranowski petitioned the USSC but it was denied.

[effie]

Wrong link! Try this one:

Baranowski v. Hart, 486 F.3d 112, 124 (5th Cir. 2007)

[Dave]

How about letting Rubashkin wear his kippah, and his tallis katan and tallis gadol, and no tefillin?
Since wearing a kippah is normative Jewish practice, wearing a tallis is a Torah commandment, and tefillin is a rabbinic ordinance. Of course Rubashkin won't be satisfied, but it's far better than nothing.
What are they allowing him in the Linn County Jail?

[gunder]

Regarding an earlier blog of Black Hawk County taxpayers' extra expense of transporting Rubashkin back and forth.. this weeks "Postville Herald" had an article re reciprocity agreement with Black Hawk County. The Allamakee County Sheriff stated that even though the venue of the trial had been changed to Black Hawk County, Allamakee County is still responsible for prisoner transportation and security for the trial.

[yidandahalf]

The bottom line is Sholem Mordechai is a pain in the ass. If he was requesting coloring books and non-toxic crayons, the authorities would be just as recalcitrant. He happens to be whining over religious paraphenialia in this case. This is how assholes who give everyone the shits get treated in the pokey. He needs to get used to it, FAST.

[effie]

"Who was he going to strangle with his yarmulke?"

He didn't have it when he arrived. I imagine they don't want them coming into the jail wearing any hair covering because it might hide contraband, and therefore, a security risk.

Later, the jail gave him his yarmulke and tzistzis. But since it appears more and more that this is nothing but a fund raising scam, he and his supporters are going to milk it for all it's worth.

And in reading the Baranowski case, he must prove that it places a substantial burden on the exercise of his religion. Then the gov. must show that their policy is in furtherance of a compelling governmental interest is the least restrictive means of furthering that compelling governmental interest.

However, the court will defer to the experience and expertise of prison and jail administrators in establishing necessary regulations and procedures to maintain good order, security and discipline, consistent with consideration of costs and limited resources.

IOW, accommodation of religious observances are not elevated over the institutional need to maintain good order, security, and discipline or to control costs.

[Chicago Sam]

This sounds like one of the typical prison control tactics used to keep the prisoners in line, letting them know, "Who is boss." These same "law" officers would never think to pick on Muslim inmates, but Jews are an acceptable target--pretty sick, no?

[Bill]

David,

It is universally accepted in Halacha that there is NO Torah commandment to fashion, de novo, a four-cornered garment with tassles.

The Torah stipulates that tassles should be added to a garment -if and only if- one is to wear a four-cornered garment.

No four-cornered garment = no mitzvah to wear tassles.

[chabadnik attorney]

Yawn

[sandra]

ah ah that's the funniest thing i've ever heard .

yes, indeed the straps can be dangerous .
and the long shawl, too. inmates hang themselves with their sheets

i hope rubashkin will be locked for 30 years and comes out of jail at 80 years old a different person .

[sandra]

rubashkin is a big problem for the jail .
his appearance , what he logs with him ( his tallit - the chabad tallit are very long and heavy - his teffilin ....all that stuff. could you imagine ! and his damn diet . he is a heavy burden for the jail . just throw him with the most dangerous inmates so that they kill him .
and let's get over with the rubashkin case of postville .

[chabadnik attorney]

I do not agree with the position Rubashkin is taking as I have previously stated. However, this is the sickest most vile website I have ever seen. It makes the neo-nazi and white supremacists sites look pareve. The obsession with Rubashkin is sickening. I hope and pray that equal amount of suffering befalls those and the families of those who wish suffering upon Rubashkin and in turn upon his family.

[chabadnik attorney]

You are vile sick people with sad pathetic lives.

[Chicago Sam]

I think Chabadnik Attorney is correct. What ever happened to compassion in judgment? The courts should decide fairly--but not harshly. Unfortunately, Jews are still a perennial target for the anti-Semites in government.

[Nigritude Ultramarine]

Hicktown USA is pathetic!

I'm sorry if "Hicktown" is not up to your sophisticated tastes to commit multiple counts of bank fraud and exploit child labor while shrouding themselves in false religious piety like SMR.

[rebitzman]

+You are vile sick people with sad pathetic lives.+

Frankly - I was going to take you to task over this and the post before it as being inconsistent with what Chabbad teaches (although, sadly in my experience with them - not at all inconsistent with what they DO), but I read the posts to which you reacted.

Wishing for the death of, for a sentence that grossly exceeds the crime for which he has been convicted, OR that he somehow be forced to give up being a Jew is in fact antithetical to Judaism.

Compassion in judgment IS a Jewish ideal but in the Midrash B'reishit Rabbah 12:15 that compassion goes both way, and has to be for the victim as well as the guilty.

Chicago Sam - Jews are still a perennial target for the anti-Semites in government?

Don't suppose you'd care to point out who these anti-Semites are?

[chabadnik attorney]

rebitzman, Chabad is comprised of many different types of people in all walks of life. I think if you read all my comments, many will be inconsistent with the box that you place Chabadniks in. I have harshly criticized Rubashkin over the issue that is the subject of this post. I disagree with the manner is which he is seeking special treatment. However, the fact that the post is even here is pathetic. Did he do wrong, yes. Is the attention he gets on the blog logical, no. Sadly the attention is born out of a vendetta of the site owner and the obsession is beyond reason. Even the site owner himself acknowledges the extent of the ill wishing has gone too far. So, I only wish upon those what they wish upon others. Is that very Chabad of me, no, too bad for you. We are human beings, fragile and able to err and sin. If you are not mature enough to realize that the teachings are what we aim for and not necessarily what we do and that such applies to all ethical teachings and people, then you have a lot of growing up to do.

[chabadnik attorney]

Bottom line is this is a sick vile site and many of the people here have pathetic lives.

[Bill]

"I hope and pray that ... suffering befalls...." chabadnick

Chabadnick,

Your old, spiteful, vindictive, Old Testament god is dead.

Don't like here? Get lost!

[A. Nuran]

This sort of jockeying and incessant demands could easily backfire on Mr. Rubashkin. The prison system is legally required to do very little for inmates. It sounds like the sheriff has tried to make reasonable accommodations which have simply been met with further demands. At some point the system will simply shut it all down, and he may end up in a worse position than he started.

The problem is he is currently playing to an audience on the outside - Chabad and other Orthodox supporters. Things which engage their sympathy and support may have an unfortunate effect on prison officials.

If he keeps his head down, cooperates and gets a reputation as a good prisoner he may be able to get privileges which will allow him a higher level of observance. If he doesn't he could end up with a less comfortable term and more difficulty carrying out various mitzvot. I hope his lawyers explain this to him and help him adjust to life in the penal system sooner rather than later.

Prison is very bad under the best of circumstances. Grandstanding for the folks back home can make it much worse.

[FirstGenerationBavarianAmerican]

There is a note on the Des Moines Register website that their reporter will also be blogging during the trial.

http://www.DesMoinesRegister.com/crimecourtsblog

[chabadnik attorney]

Posted by: Bill | May 09, 2010 at 08:28 PM

Thank you for proving my point. I was anticipating the fool that would respond as you have. You are one of the most vile, vindictive, spiteful people commenting here. I guess, if the shoe fits wear it. You make some ridiculous comment about my beliefs in G-d that is totally the opposite of what I believe, the total opposite of any chasidic teachings and sums you up perfectly to boot. Amazing. Thank you.

[chabadnik attorney]

Posted by: A. Nuran | May 09, 2010 at 08:33 PM

100% correct.

[effie]

"These same "law" officers would never think to pick on Muslim inmates, but Jews are an acceptable target--pretty sick, no? Posted by: Chicago Sam"

No. While researching the case law, I saw a number of references to cases where muslims were suing the jails/prison, too. They also complained that the Jewish inmates got
preferential treatment over them.

[effie]

A. Nuran: Your right. I was surprised how little they were required to do.

[Bill]

chabadnick,

you were the one wishing ill upon others. Not me.

You should try to figure our what, if anything, your version of Judaism has turned you into.

Good luck with that.

[chabadnik attorney]

I wished ill on those wishing ill on others. They have the choice to stop wishing ill on others, if they are worried enough that I actually have the power to some how cause ill on them. You complained that I wished ill on others (which is very uncharacteristic of me to begin with but I justified it) and then you did the very thing that you complained about.

To clarify, I do not wish any bad upon anyone. My statement was meant to make people think and maybe for a second realize how vile their comments are.

[chabadnik attorney]

And Bill, I do not have a version of Judaism.

[chabadnik attorney]

This is amazing that Bill would be the one to get worked up over this. Wow, I hit a sore point here. Why don't you for once contemplate that there may be a lesson for you in what others get you agitated about and see how you can make a positive change in your life.

[chabadnik attorney]

Have a good night, I have to get to sleep as I wake up very early.

[chabadnik attorney]

BILL, THIS FOLLOWING COMMENT BY THE VILE, SICK, DESPICABLE, LOWLIFE SANDRA, YOU DON'T COMPLAIN ABOUT, BUT MINE YOU DO?

rubashkin is a big problem for the jail .
his appearance , what he logs with him ( his tallit - the chabad tallit are very long and heavy - his teffilin ....all that stuff. could you imagine ! and his damn diet . he is a heavy burden for the jail . just throw him with the most dangerous inmates so that they kill him .
and let's get over with the rubashkin case of postville .

Posted by: sandra | May 09, 2010 at 07:35 PM

[chabadnik attorney]

Bill you complain that I wished people like Sandra ill, after she wished for Rubashkin to suffer a cruel inhumane death at the hand of other inmate because he it hard for the prison system to accommodate him. You have no problem with that, do you Bill. Sandra doesn't raise your ire. Its me that does because I am a Lubavitcher. Pathetic.

[chabadnik attorney]

Now to sleep. G.N.

[Bill]

"To clarify, I do not wish bad upon anyone. My statement was meant....". - Chabadnick

Chabadnick,

Your original remark speaks for itself.

[harold]

You are vile sick people with sad pathetic lives.

Self hating Jews at their finest! The FailedMessaihnites!

[A E ANDERSON]

A few thoughts:

1. The Des Moines Register article has to be one of the most inept pieces of writing about religious issues that I have ever seen in a major metro daily. At least one academic scholar of Judaism as a source would have given the reporter some idea of the landscape about which he was writing, as would a peek at Wikipedia "Tefillin" article or the Britannica. Instead, we have a reporter cluelessly and clumsily trying to describe matters of Jewish religious practice to an equally clueless readership.

2. A call to a Jewish prison minstry (Aleph is just one), would have elicited the kind of background needed, as they confront this issue countless times each year, and have for decades.

3. While I dislike promoting Sholom Ber Lipskar and his brand of Bal Harbour Judaism, it should be noted that his Aleph Institute is reported to be the world's largest purchaser of phylactery sets, and had provided these at low or no cost to thousands of Jewish inmates over the decades. Certainly they are well positioned to comment on the matter at hand, especially since they have started a Rubashkin Legal Defence Fund -- something they apparently don't do for the thousands of other Jewish inmates that they assist.

Moreover, Aleph has longstanding contacts with federal Bureau of Prisons and many of state "correctional" systems. They more than anybody could have provided background and assistance to this Iowa sheriff, or to the news media writing about the affair.

It does seem rather a puzzlement that despite the thousands of phylactery sets Aleph has provided to inmates over the decades, in all sorts of confinement situations (and presumably to Jonathan Pollard himself) that one sheriff in Iowa suddenly seems to consider them to be dangerous contraband.

I still fault Rubashkin's supporters and his legal team for failing to do the advance work preparatory to his move to a new hoosegow. I think they've let him down here, almost as much as they've let him down on trial preparation. Because of this failure on the part of Rubashkin's people -- and presumably the local Iowa Chabad apostle=shliach -- SMR has had to suffer inhuman indignities at the hands of the goyim, who appear to be well intentioned. They did, after all, try to ascertain his needs in advance. Was it their fault that they consulted the wrong rabbi because nobody from Aleph or Chabad had the foresight to be proactive?

[the Otisville Tzaddik]

If Rubashkin was not so arrogant and defiant, if hedid not do the up-in-your-face parties and broadcasted them online.

If he was cooperating with the government from the begining, keeping his head low, he would be spending one year max in Otisville with the chevre of Frankel shul and other haredim, he could have a minyan (more than one), a mikvah, seider etc.

There are many Tzadikim who spend resort time in Otisville and the government accommodates any chumra they wish to pick up.

[effie]

No right to tefflin in county jail because they are a security risk and the jail did not have the resources to have inmate watched every time he used them.

http://goo.gl/aDI0

[Kid Doc]

I wonder how the jurors feel about all these demands? They're not supposed to be reading or watching media, but I'm sure there is plenty of gossip elsewhere about all these items which seem nonsensical to the average working man/woman in Iowa.

[Maskil]

rabbidw,

Wasn't a kid removed from a flight for donning tefillin? I guess outside of NY the goyim don't know from these things.

That flight left from LaGuardia airport (NY)...

[effie]

Remember post 9/11, there were all sorts of restrictions on all sorts of objects.

And after researching the issue a bit, while there is freedom of religion in the constitution, the protections mostly come from federal law. And they apply a very specific test. Security trumps all. The straps are considered a weapon. So, I think the flight crew was just enforcing the rules.

[effie]

I no longer fault the attys or the jail. The law is not on Rubashkin's side. The jail attempted to accommodate him and they couldn't.

[Chicago Sam]

Just ask Jonathan Pollard, he will give you a complete list.

[effie]

The problem remains that not all detention facilities are the same. They must run it within their budgets and available staffing. And security always trumps everything.
I posted two federal cases on the subject which are very informative. One, a Texas prison and the other a Indiana county jail.

[rebitzman]

+And Bill, I do not have a version of Judaism.+

Well, yes - yes you do.

Thing is - like everyone - followers fo judasim, Islam or Yoshke - who believe they hold the single path within their faith OR a single path to God..........

.......you're wrong.

And history has proven it over and over and over.

IF your brand of Judaism is the original - then what the hell abortion were Jews following before BEFORE the late 18th century when Shneur Zalman of Liadi popped out of the wordwork to establish your branch?

Heck - When the 7th Lubavitcher Rebbe died in 1994, your branch split over the issue of his status as the Jewish Messiah, so it it YOUR branch, or the other one that is the "only" Judaism? And if it's the messianic branch - what were all those Chabadniks BEFORE 1994 practicing? Couldn't have been original Judaism - or REAL Judaism because it's a different Judaism from even then.

All that said - Sandra's post (and others) was genuinely vile, and I can understand why you might be upset by it.

But I have have a question - where is the same anger and passion when your co-religionists call Shmarya a nazi? Whne they lie about him wanting to marry Rubashkin's daughter? When they call him kapo?

Where is your anger when one of your rabbis curses a family because they don't wish him to visit while their father lay dying? Where is your anger over someone hijacking your faith - by lying, stealing and cheating "the goyim"?

Where is that anger?

Sandra post was vile - please explain why yours are better.

[Mr. Apikoros]

Rubashkin is a rather run-of-the-mill convicted criminal. The problem is not so much what he did, but why the ultra-Orthodox frumbags are defending this common thief and exploiter to the death. Not even Mafioso get this kind of support from their community, and they invariably have better nicknames.

Sholom "The Hat" Rubashkin?