Audio: Rubashkin Attorney Nathan Lewin Says Judge Dishonest, Talks Of Conspiracy Against Rubashkin

Lewin says Chief Judge Linda Reade severed bank fraud charges from the immigration charges because perusing the immigration charges would have required the judge to disclose her involvement in planning the immigration raid and implies a conspiracy between her and the prosecution. But Lewin fails to mention that it was Rubashkin's lawyers – not the prosecution or the judge – who asked for the charges to be severed.

Nathan Lewin also makes much about the cost of the raid – $5 million – and implies the government was excessive and vengeful in targeting Agriprocessors.

But the documents show the government expected to arrest between 300 to 600 people at Agriprocessors, and had to plan for that.

Those plans had to include housing, food, sanitation, attorneys and interpreters for those arrested, and the judges to arraign each defendant within 24 hours of arrest as required by law.

And then there had to be prosecutors, law enforcement personnel, medical personnel, child welfare personnel, IT personnel, temporary courtrooms, etc.

And, as I've noted several times previously, law enforcement doesn't like to do 1 on 1 arrests. Ideally, arrests are 2 law enforcement personnel (or more) per arrest.

This is especially true in cases where the target is believed to be armed. In the case of the raid, many of these workers had immediate access to power saws and sharp knives.

The government had about 600 law enforcement personnel at the raid.

When you realize the government's top number estimate for arrests just before the raid was 600, you can see it planned for a worse case scenario of 1 to 1, and a best case scenario of 2 to 1 – in other words, well within normal guidelines.

In the end, just under 400 undocumented workers were arrested, which works out to less than 2 to 1.

The cost of the raid and fast track prosecution that followed was $5 million – just under $13,000 for each person arrested, which is far less than the cost of a standard arrest and trial.

Past that, please read the press release Lewin sent to media outlets, and see the actual documents I have posted with it.

Despite what Lewin claims, the documents show the judge's involvement is only with regard to logistics and preserving the rights of the potential defendants.

It is also important to know that the chief judge of the court – in this case, Linda Reade – has the job of dealing with the court's logistics and calendar, which is exactly what she does in this case. Judges do this all the time and do not recuse themselves from hearing the case because there is no conflict of interest inherent in dealing with logistics.

Lewin's press release – as opposed to his affidavit filed with the court yesterday – makes it seem as if the judge said something that actually are the words of an ICE agent summarizing a meeting with the judge about logistics. The Lewin press release quotes only the first half of that sentence and does not indicate that it has truncated it. When the first and second halves of this rather short sentence are read together, the sentence is banal. But when read as Lewin has misrepresented it, the sentence appears to be the judge herself cheerleading the raid. In contrast, Lewin's affidavit filed yesterday keeps the sentence intact.

It is this type of behavior that I strongly disagree with.

The audio is from last night's Zev Brenner show.

The recording is in three parts. Because of a recording issue, there is a brief overlap between the end of part two and the beginning of part three. In other words, the first approximately 30 seconds of part three is also the last approximately 30 seconds of part two. There is also a few seconds of silence at the beginning of each recording. If I get time later today (after I get some sleep) I'll try to fix this.

Please click on the gray bars to listen or right click on them to download:

Nat Lewin Zev Brenner 8-5-10 1

Nat Lewin Zev Brenner 8-5-10 2

Nat Lewin Zev Brenner 8-5-10 3

Here is a link to audio of the entire show, including commercials and an interview with NYC city council member Brad Lander.

Related Post.

[Hat Tip: Burich.]

Comments

[ユダヤ人]

It won’t be the first time that fault was discovered in the wake of what took place in Postville. In May 2009, a decision by the U.S. Supreme Court found many of the convictions and sentences given to workers detained at the Postville plant were in error.

U.S. Supreme Court slaps Postville prosecutions:

http://iowaindependent.com/14786/us-supreme-court-slaps-postville-prosecutions

ユダヤ人

[Shmarya]

I reported that when it happened.

But, as I said yesterday and as the documents Lewin (mis)quotes prove, the judge's involvement in the raid planning has to do with making sure hundreds of arrested workers have access to toilets, showers, translators, attorneys, etc.

To call this a conflict of interest is absurd.

[OMG]

Like Effie wrote yesterday, I can’t wait for the prosecutions reply; it will be fun to read how the government bitch slaps Nat Lewin

[Bartley Kulp]

Shmarya, why don't you just become a paralegal and right points for the prosecution. All lawyers deploy some sort of spin when need be in order to win their case. This is not about truth. That is for the judges and jury to decide.

[A E ANDERSON]

Lewin's asking for discovery and an evidentiary hearing on the bias/recusal issue that he now alleges. If it turns up something, great! If not, then the simmering question of judicial bias is put to rest. What's so wrong with that?

[sage]

Lewin had better be careful about what he alleges regarding Judge Reade.

His statements, so far, border on contempt.

Watch out, Nat, you might become a prison mate for SMR.

[Ma Rabbi]

I have argued from the beginning that Judge Reade asked or was asked to be put in charge of this case. It was not just her "turn on the docket" as some here have suggested. I hope that Mr Lewins strategy works and that this is declared a mistrial.

[The_Rebbe_is_Dead_!]

At the very least, one must admit that the extensive Postville arrest/detention/arraignment procedures were highly unusual and uncommon. It stands to reason that at some point, ICe or the prosecutors must have had to make a presentation, or a series of presentations, to Judge Reade to justify the unusual and uncommon arrangements they were asking for. And Judge Reade would have been remiss if she at no point inquired into the necessity for such a massive departure from procedure. This was no minor event: it had been more than a year in planning and had been bounced up to (at least) the DHS assistant secretary level. In other words, Lewin is reasonable in suggesting that the ex parte communications may have extended to substantive matters.

[larry weiss]

I am saddened by your articles on the Rubashkin case. What is your motivation to undermine and discredit the efforts of the defense council? You seem obsessed with undermining every effort to mitigate a harsh punishment, that is excessive at best. Where is your compassion for another human being? I do not understand.

Please look into your heart and find your humanity. Rubashkin needs compassion and empathy not villification and distain

larry from Staten Island

[rahill]

thank you larry for your comment to have someone so obssessed against another jew is really not normal even if what he is saying is correct the venom and vangeance that comes out from the people on this site i really pity them they must very unhappy and they are enjoying beating up another person but it's enough already if shmarya get sick or something happens to him who is he going to find on his side so whatever you send to the world comes back to hunt you so just be careful don't feel invicible noone is

[Robert Wisler]

Larry,
The guys from Enron and Bernie Madoff also deserve our compassion and empathy. Where is your compassion? Mr. Rubashkin was found guilty by a jury OF HIS PEERS, not by Judge Reade, and not by a kangaroo court. We Jews are continually blaming others and whining about "anti-Semitism" for our own faults and sins. If we behave with exacting honor and honesty in our business dealings, then these horrific scandals would never happen. Why don't you write to SMR in prison and discipline HIM for causing this chillul rather than lambasting Shmarya for exposing our generations disgusting sins?

[The_Rebbe_is_Dead_!]

Considering that the genesis of this case was a PeTA video (see DHS PowerPoint presentation) denouncing shechitah, I think this case takes on greater dimensions than an ordinary fraud case. Note the sheer volume of dialogue here about Rubashkin, pro and con, that exceeds that about even Madoff by many times.

[Bill]

Lewin is just doing his job as a fundraiser-attorney for himself and his own law firm. In this regard, he is doing a marvelous, superb job.

By the time this is over, he will have sucked many millions of dollars out of the Orthodox Jewish community's pockets and funnel the money into the pockets of the less Orthodox and less Jewish attorneys.

I like that - a lot.

[ja]

shmarya i just dont understand how you became a lawyer overnight. You keep on accusing lewin of distorting the law. when did you go to law school that you have U.S. law figured out so well?

[effie]

I have argued from the beginning that Judge Reade asked or was asked to be put in charge of this case.

So, where's your proof?

[effie]

You keep on accusing lewin of distorting the law. when did you go to law school that you have U.S. law figured out so well?

I believe he is pointing out Lewin's distortion of the facts (to put it nicely) and his misrepresentation of what was said by cherry picking language from the attached defense exhibits.

One doesn't need a law degree to know Lewin is full of it.

[effie]

The surfing the internet, fools are still making death threats to the prosecutors and the Judge.

[ja]

effie since when did you become mr. know it all? what mr. lewin is stating is that what judge reade did is against u.s. law.now to know u.s. law is complicated and until you have a law degree there is no way to know if what judge reade did was legal or not? its possible that u.s. law states that a judge no matter what she has to do with a case has to disclose everything which mr. lewin is stating that she did not

[Shmarya]

At the very least, one must admit that the extensive Postville arrest/detention/arraignment procedures were highly unusual and uncommon. It stands to reason that at some point, ICe or the prosecutors must have had to make a presentation, or a series of presentations, to Judge Reade to justify the unusual and uncommon arrangements they were asking for. And Judge Reade would have been remiss if she at no point inquired into the necessity for such a massive departure from procedure. This was no minor event: it had been more than a year in planning and had been bounced up to (at least) the DHS assistant secretary level. In other words, Lewin is reasonable in suggesting that the ex parte communications may have extended to substantive matters.

Simple facts:

The documents Lewin released do NOT support that contention.

You might actually read them.

[Shmarya]

effie since when did you become mr. know it all? what mr. lewin is stating is that what judge reade did is against u.s. law.now to know u.s. law is complicated and until you have a law degree there is no way to know if what judge reade did was legal or not? its possible that u.s. law states that a judge no matter what she has to do with a case has to disclose everything which mr. lewin is stating that she did not

Lewin makes allegations, but the documents he relesed do not support those allegations.

Additionally, Lewin misquotes those documents and lies about the facts of the case.

One does not need to be a lawyer to see that.

[Menachem Mendel lll]

If only the innocent German Waffen SS and Einzatsgruppen had lawyers as dedicated
as Rubashkin's, Eichmann would still be walking up and down Garibaldi Street and having a prost with Speers, Mengele, Himmler, Gehring and Goebbels.

[Shmarya]

Shmarya, why don't you just become a paralegal and right points for the prosecution. All lawyers deploy some sort of spin when need be in order to win their case. This is not about truth. That is for the judges and jury to decide.

But lying about known facts – like who filed a motion to sever the bank fraud charges from the immigration charges, for exampls – or misquoting government documents and the like goes well beyond what an attorney can do ethically.

[Shmarya]

The surfing the internet, fools are still making death threats to the prosecutors and the Judge.

Posted by: effie | August 06, 2010 at 10:45 AM

Do you have links to examples of this?

[ja]

shmarya i don not understand you. Lewin states that according to U.S. law judge reade leagally had to disclose what connection she had with issuing the warrant. Now according to lewin who is a licensed lawyer that means ANYTHING she had to do with the warrant. And all he is stating is that she did nit disclose this information

[Shmarya]

shmarya i don not understand you. Lewin states that according to U.S. law judge reade leagally had to disclose what connection she had with issuing the warrant. Now according to lewin who is a licensed lawyer that means ANYTHING she had to do with the warrant. And all he is stating is that she did nit disclose this information

Rubashkin's lawyers moved to have the judge recused in 2009. But they failed.

The judge's involvement in logistics was well known, then, and Lewin even (disingenuously) mentions it in the audio,

What you do not understand I have explained several times and others have explained several times.

The chief judge of any court is ALWAYS involved in logistics and scheduling. THAT IS HER JOB.

The chief judge also hears cases, EVEN THE CASES IN WHICH SHE FIRST DEALT WITH LOGISTICAL ISSUES.

NOTHING in the documents Lewin released supports his claims. (You would know that if you read them.)

There are your answers – again.

[effie]

The [S]urfing the internet, fools are still making death threats to the prosecutors and the Judge.

Posted by: effie | August 06, 2010 at 10:45 AM

Do you have links to examples of this?

Nope. I went back and they removed them. I had complained but I didn't think they would take the high road. Next time I will make a screen capture.

http://www.collive.com/show_news.rtx?id=10289&alias=vilsack-honors-agri-prosecution

[baruch]

Well meaning people should no longer post to this site as it serves no good. In fact, it only provides fuel for Shmar's fire.Without the contribution of people who oppose the evil presented here, this site becomes obsolete to those who support him financially.

[effie]

ANYTHING she had to do with the warrant.

Judge Reade had absolutely nothing to do with issuing the warrant.

[effie]

Forgot to include his name -- Judge Scoles - not Judge Reade, issued the warrant.

So, could we stop with the lie that Judge Reade issued the warrant? This comes up every couple of months. You can go online and look at the docket where it clearly states Judge Scoles authorized the warrant. Enough with repeating the same dumb lies.

[effie]

Posted by: baruch: Well meaning Dishonest people should no longer post lies to this site as it serves no good in that the lies will only be buried with actual provable facts. In fact, it only provides fuel for Shmar's fire.Without the contribution of people who oppose the evil presented here, this site becomes obsolete to those who support him financially. What is a dishonest person like me to do??

FIFY

[larry from Staten Island]

Dear Robert Wisler

I am are not condoning illegal behavior. Civil society should administer a punishment that serves to deter similiar crimes and is in proportion to the offense. I do not believe this is true in Rubashkin's case. Heaven help the individual who is singled out for selective prosecution by the government.

What is unfathomable is that Rubashkin is excoriated by those who are supposed to be rachmonim bnei rachmonim. Let it go!

[ユダヤ人]

>Judge Reade had absolutely nothing to do with issuing the warrant.<

Judge Reade did not sign the FINAL warrant for the raid, however she had everything to do with the planing of the raid and pointing out and specifying that Sholom Rubashkin was to be arrested, her plans was much more then just making sure there enough toilet paper in the court house bathrooms enough for all the illegal aliens.

Linda Reade and her team of prosecutors were H I D I N G all this information from the public before and during the trial, however they could no longer hide this information due to the freedom of information act.

Linda Reade is the one who deserved the award from the USDA and not her co proscuter Deegan.

ユダヤ人

[Menachem Mendel lll]

How many of you frum yiddelach would be going crazy about Rubashkin if he never had 2 cents to rub together and lived in some rathole.

If Rubaskin's cash kickbacks to all of those up in arms they can walk out of their luxuary estates onto the streets and help the thousands of Jewish drug addicts, homeless, single mothers, destitute and mentally ill.

I know...I know...that is why "we" are davening for the Moschaich because "we" hear their cries but they aren't gettin' my gelt because I am in the business of taking and gettin' money, not giving it out once it is my pocket.

Shabos is almost here.

Yippie kai yay!

[Shmarya]

Judge Reade did not sign the FINAL warrant for the raid, however she had everything to do with the planing of the raid and pointing out and specifying that Sholom Rubashkin was to be arrested,

Please.

Stop lying.

Rubashkin was N-O-T arrested during the raid.

He was arrested in September, the raid was in May.

And even if she had signed the warrant, that would N-O-T disqualify her from hearing the case.

[ユダヤ人]

> frum yiddelach<

What does this mean?

[effie]

effie since when did you become mr. know it all?

The day I was born. And it's Ms. know it all to you.

what mr. lewin is stating is that what judge reade did is against u.s. law.now to know u.s. law is complicated and until you have a law degree there is no way to know if what judge reade did was legal or not?

Lewin's cites no on point law to support his argument. None. Nada. Zilch. He is also less than honest as to the facts. One does not need a law degree to see this.

its possible that u.s. law states that a judge no matter what she has to do with a case has to disclose everything which mr. lewin is stating that she did not

Again, Lewin cites no law supporting his/your assertion that "a judge no matter what she has to do with a case has to disclose everything" nor will he because no such law exists. Since you and lewin claims it does - cough it up. Give us case citations, statutes, rules, etc. If Lewin had the law on his side, he would be citing it. He doesn't. Obviously, the facts are not on his side either otherwise why would he resort to so much dishonesty?

Judge Reade disclosed - in fact, it was common knowledge, that as the presiding judge she was responsible for making sure all those who were arrested were brought before a magistrate within 24 hours and if need be had the assistance of an atty and an interpretor. How do you think she accomplished this - by wiggling her nose?

[ユダヤ人]

>And even if she had signed the warrant, that would N-O-T disqualify her from hearing the case.<

Linda Reade assisted and helped plan the raid.

[Shmarya]

Linda Reade assisted and helped plan the raid.

Please.

Read the documents.

All she did according to the documents Lewin himself released is make sure the logistics, like clearing the court calendar, getting translators, etc., were taken care of.

And, as I and others have pointed out many times already – THAT IS HER JOB, and doing her job does N-O-T disqualify her from hearing cases related to the raid.

[ユダヤ人]

In those documents it shows Linda Reade SUPPORTED the Raid, this make her Biased against Sholom Rubashkin and Agri processesors, an ethics complaint needs to be filed, so she can be impeached and disrobed from the bench.

[effie]

In those documents it shows Linda Reade SUPPORTED the Raid, this make her Biased against Sholom Rubashkin and Agri processesors, an ethics complaint needs to be filed, so she can be impeached and disrobed from the bench.

1. No, they don't.

2. No, it doesn't.

3. Put down the crackpipe! She is never going to be impeached because she did not do anything she could be impeached for.

4. Disrobed? Get your mind out of the gutter!

[Menachem Mendel lll]

Frum = religious
Yiddelach = Jews (endearing term)
Yid = singluar Jew

Hope that helps.

[FirstGenerationBavarianAmerican]

+++In those documents it shows Linda Reade SUPPORTED the Raid, this make her Biased against Sholom Rubashkin and Agri processesors, an ethics complaint needs to be filed, so she can be impeached and disrobed from the bench.+++

Isn't that terrible, ユダヤ人?
But, you can do something about it, ユダヤ人. Send a few thousand dollars to Rubashkin's legal defense fund.

[FirstGenerationBavarianAmerican]

+++In those documents it shows Linda Reade SUPPORTED the Raid, this make her Biased against Sholom Rubashkin and Agri processesors, an ethics complaint needs to be filed, so she can be impeached and disrobed from the bench.+++

Isn't that terrible, ユダヤ人?
But, you can do something about it, ユダヤ人. Send a few thousand dollars to Rubashkin's legal defense fund.

[Rudolf Kastner]

You're a pretty sick f--k Shmarya, who obviously can't get enough of bashing Rubashkin, but now you're just plain stupid, attempting to 'analyze' a major appeals expert when you have absolutely no legal experience.
I'd bet any $$ your father (or grandfather) was a Kapo. Say it ain't so, Scotty !

[Menachem Mendel lll]

@ Rudolf Kastner

Good boy Rudolfo keep blaming the reporter for the news.

Go pick on Katy Couric, Tom Brokow, Brian Williams, lester Holt, Rick Shanchez, Wolf Blitzer, Anderson Cooper, Larry King, Dana Bash and her once goy Husband John King, Barbara Walters, Nacey Grace, Diane Sawyer and my personal fay-vor-i-te Howard Stern The King Of All Media for reporting the news.

Shitheads like you get me sick.

Go play on the Interstate and have fun.

[AGRI-vated Angel]

Good grief!

It wouldn't surprise me if the next strategy that will surface is to accuse the President of the United States of having a personal agenda targeting the Rubashkin family.

[effie]

Oh,no! The kapo guy is back. Mr. Kapo, your schtick is both lame and doesn't work.

Look, jackass, no one needs a legal degree to see that lewin is misrepresenting the facts. And if lewin and the other defense whores had the law on their side, they would cite it. They don't. Get a clue, moron.

And as the famous jurist, Judge Learned Hand, use to say: "Your mouth is writing checks your butt can't cash."

[FirstGenerationBavarianAmerican]

Remember Bob Barr's article on Andrew Breitbart's Big Government website?:
http://failedmessiah.typepad.com/failed_messiahcom/2010/07/rubashkin-attorney-
misrepresents-case-in-article-for-right-wing-publication-567.html

Lewin's PR release also made it to Andrew Breitbart's Big Government a few hours ago:
http://biggovernment.com/capitolconfidential/2010/08/06/federal-judge-colluded-with-
prosecutors-and-law-enforcement-then-presided-over-trial/

This time, Lewin's press release is unsigned. I wonder why Bob Barr's name is not on it. It also makes me wonder if Bob Barr actually wrote the op-ed piece last. Maybe Barr does not want his name on such propaganda.

[FirstGenerationBavarianAmerican]

Remember Bob Barr's article on Andrew Breitbart's Big Government website?:
http://failedmessiah.typepad.com/failed_messiahcom/2010/07/rubashkin-attorney-
misrepresents-case-in-article-for-right-wing-publication-567.html

Lewin's PR release also made it to Andrew Breitbart's Big Government a few hours ago:
http://biggovernment.com/capitolconfidential/2010/08/06/federal-judge-colluded-with-
prosecutors-and-law-enforcement-then-presided-over-trial/

This time, Lewin's press release is unsigned. I wonder why Bob Barr's name is not on it. It also makes me wonder if Bob Barr actually wrote the op-ed piece last. Maybe Barr does not want his name on such propaganda.

[effie]

Demand that they reveal the name of the person who wrote it.

They refused to reveal that Barr was on the defense team and now they are refusing to reveal the name of the hack who wrote this.

[OMG]

After carefully reading Nat Lewin’s motion for a new trial and all the accompanying affidavits and exhibits, I came to the conclusion that ICE in conjunction with all the other parties, did a tremendous job, in planning the actual and most amazingly the after arrest procedural process, with heavy emphasis, on the rights and comfort of each detainee, making sure that each will have showers, clean cloths, and even TV’s.
Now to the core of the motion, it seems that even Nat freely admits that they knew that Judge Reade had communications’ with USAO and ICE representatives for the logistical planning. What he argues that Guy Cook didn’t know to what extend the meeting took. Bur nowhere in any of the exhibits we see that that Judge Reade inquired any specifics about anything but the logistics of the court and its need to make sure that each defendant is treated properly and humanely, and having his day in court.
The only two specific questions Judge Reade will need to answer, is one when she said at the meeting that she would not be in country the month of February or half of March what was the purpose, if it was because as Chief Circuit Judge, she wanted to be present, to make sure that the courts functions properly, then she did what needed to do as a Chief Circuit Judge. Secondly, when Judge Reade was quoted that she said that she was willing to support the operation possible, that the offer was in capacity of Chief Circuit Judge.

[effie]

Great analysis, OMG. I suspect Judge Reade wanted to be present because, one, she is the presiding judge and it is her duty to make sure things go smoothly, and, two, if she were not present they would be short a judge when they needed all the judges they could get to handle the mass arraignments during the 24 hour period.

That is not a quote of Judge Reade, by the way. I suspect what the court actually said was it was willing to provide support to the operation in the way of courts, judges, court personnel, etc, which is the court's job.

There was no way ICE could arrest smaller numbers. If they did, the rest would flee or go into hiding. It was an all or nothing deal. If they could not be arraigned within 24 hours, then they would have to be cut loose and again, most would probably flee or go into hiding.

So, if doing one's duty to arraign criminal defendants supports the operation - tough cookies.

What the defense is really trying to do is throw enough slime at Reade in order to try to force her to recuse herself or have a higher court remove her in some belief that they will eventually get the case back for resentencing. I don't think it is going to work. These judges see through this juvenile games.

[feivel]

See this article published in J Weekly by Edwin Black

“The judge who presided over the conviction of Agriprocessors kosher slaughterhouse operator Sholom Rubashkin allegedly coordinated with prosecutors to raid Rubashkin's business, according to internal federal documents and court filings.

“...Reade has previously disclosed in writing that she engaged in so-called limited "logistical cooperation" with law-enforcement authorities but only to ensure that attorneys and interpreters would be available for the almost 400 aliens and other workers arrested in Postville, Iowa and then processed in nearby Waterloo.

“But this reporter has reviewed copies of Department of Justice emails, memos and Blackberry messages in their totality which paint a different picture, one of a judge who was consulted and the over-all raid was arranged to meet her specifications and even her travel plans...”

Full Article: http://jweekly.com/article/full/58870

[Shmarya]

Please.

Black was given Lewin's court filing before it was made public. That is what he's talking about.

The documents are ALL posted on this website and LINKED in this post.

Past the extremely obvious, NOTHING in those documents supports the contention that Judge Reade did anything other than coordinate court logistics – exactly what she said she did when she asked by the defense before the trial.

If you Rubashkin hacks would actually READ the documents, you'd see that.

Of course, that takes a level of honesty (and sometimes literacy) you lack.

[FirstGenerationBavarianAmerican]

Yeah, but did Edwin Black also file a FOIA request and pay the fee to get a look at everything? Or did he just look at the documents Mr Lewin filed with the court the other day? For all we know there is a document from the chief judge to the prosecutors detailing a list of subjects that she is forbidding them to discuss with her.

[FirstGenerationBavarianAmerican]

Yeah, but did Edwin Black also file a FOIA request and pay the fee to get a look at everything? Or did he just look at the documents Mr Lewin filed with the court the other day? For all we know there is a document from the chief judge to the prosecutors detailing a list of subjects that she is forbidding them to discuss with her.

[Shmarya]

Yeah, but did Edwin Black also file a FOIA request and pay the fee to get a look at everything?

Not from what he told me Thursday.

In a discussion about his piece I asked Black if he read all of the court documents Lewin filed with the court (and got through FIOA requests).

He said he had.

I asked him when he got those documents, and he said the documents are "all time stamped."

I said, "Yes, but when did YOU get them."

He replied, "I'm not going to answer that."

[OMG]

Thanks Effie, the same should said about your analysis.
Let me expand a bit more, from the documents attached as exhibits, we could discern, that from all the documents released by ICE in the FOIA request, these were the only documents which might be construed to the best possible light for SMR, and all other documents didn’t even have what Nat Lewin, believes that it could be beneficial to his client Rubashkin. We easily could infer that, there is no smoking gun, regardless what all the bias orthodox Jewry want to believe.
From the document we get a pretty good picture, what and how an action of this magnitude is planned. It gives us a ringside seat, during the planning stages. There is no question in my mind that you are 100 percent right, Judge Reade dealt with ICE and USAO from a Chief Circuit Judge, perspective and responsibility. And all theses Rubashkins supporters are not interested in the truth or justice, for them it is hope against all odds, that some type of miracle will manifest and somehow Rubashkin will be exonerated. With the understanding that it seems there is no other reversible issues to argue, believe me if they had any, Nat Lewin would have had other arguments in his motion, I might be wrong but my understanding is that you only get one bite at the apple, when you appeal the verdict, and it seems to me the Nat, shot his load, with this lackluster motion. On the second point, you are right again, no were in the exhibits we see that Judge Reade offered to support the apprehension and detention of Rubashkin. From all the exhibits I deduce, that Judge Reade offered to have the Court hearings off-site, which is highly unusual and do whatever is necessary that the prosecution and Defense have all available help in the off-site courthouse to conduct their business, all, and make sure that the courts function properly. And frankly I believe that the orthodox community is engaging in a blood-libel, when they accuse Judge Reade of working in concert with law enforcement to arrest and detain Rubashkin.
Finally, it behooves us, to fall into the same trap, which Nat Lewin is spreading out in front of these dim witted people. The only thing we could do is point out how frivols his motion is.

[OMG]

Sorry all, I had my post in paragraphs, I don’t know why it came out the way it did.

[OMG]

Sorry all, I had my post in paragraphs, I don’t know why it came out the way it did.

[effie]

OMG: This is a motion and not technically an appeal. Undoubtedly, he will appeal the ruling on the motion but he also has the trial appeal and then he will file a writ of habeas corpus. It means we have lots more spinning and lying to look forward to.

By having the arraignments via remote transmission, it would save time, i.e, no time wasted transporting prisoners to courthouses. Also, one of the problems was that because there were so many defendamts, they could not all be held in courthouse holding cells waiting for arraignment. They're just not large enough to hold hundreds of defendants.

[Rudolf Kastener]

Can't wait to see what all you vicious little guttersnipes will say when Rubashkin gets bail, Reade is investigated, and arrangements begin for a new trial or a significantly reduced plea to avoid one....
Poor babies, the gutter is too good for you.

[OMG]

Effie, I didn’t know that this motion in not the same as the trial appeal, thanks for that information.
One point, the arraignments appearance was in a remote courtroom not a remote transmission and that is a rare occurrence, as a matter of fact I Googled and I could find any at all, inasmuch remote transmission is more common.

[effie]

OMG: If you mean remote courtroom in that the court staff went to where the defendants were being detained, set up a court in an available room and did arraignments it may not be common but I see no problem with it. The point was to save time.

[effie]

Posted by: Rudolf Kastener, aka, the kapo dude: Can't wait to see what all you vicious little guttersnipes will say when Rubashkin gets bail, Reade is investigated, and arrangements begin for a new trial or a significantly reduced plea to avoid one....Poor babies, the gutter is too good for you.

I'll spare you the wait: We'll say nothing because it's not going to happen.

[sage]

Wouldn't surprise me a bit, that after all of the attempts by Lewin to get SMR freed fail, as they will, he will go to work for Ezagui, and try to pull the same schtick, further enriching himself in the process.

[sage]

Wouldn't surprise me a bit, that after all of the attempts by Lewin to get SMR freed fail, as they will, he will go to work for Ezagui, and try to pull the same schtick, further enriching himself in the process.

[FirstGenerationBavarianAmerican]

Rudy,
This motion for a new trial might be called a "Hail Mary Motion" after the term Hail Mary Pass in American football. I personally find it a huge stretch to connect a raid to apprehend illegal immigrants with the gathering of evidence for a financial crimes trial. On this site were posted accounts of where some of that fraud information came from. Much came from the bank, the bankruptcy trustee and employees of Agriprocessors. If any of that financial crimes trials information came from the immigration raid, then Mr. Lewin did not complain about it.

Besides, the days of William Kunstler are over. Jurists are much less likely today to throw out a verdict because somebody in the criminal justice system made a minor mistake. Just like radio stations don't get fined anymore if the announcer get tongue tied and mispronounces the name of Schickhaus Franks.

[OMG]

Effie, I agree with your view that is nothing wrong with Judge Reade offer a remote court to help facilitate the process, actually Judge Reade should be commended for her good job.