Rubashkin Appeal Hearing

The AP is reporting there is a newly scheduled hearing in the Rubashkin appeal. What is it?

 

You may have noticed haredi blogs have picked up an AP news brief that says in large part:

A hearing seeking a new trial for a former Iowa kosher slaughterhouse executive convicted of financial fraud is scheduled before the U.S. 8th Circuit Court of Appeals.

Documents filed Monday show a hearing before the St. Louis court is set for June 15.…

This hearing is actually the long-scheduled oral arguments for Rubashkin's appeal.

Comments

[Malach Hamovies]

Shmayra

This comment has nothing to do with this post. Buti wanted to bring you and the rest of the visitors to the blog a link that is posted on "on the main line" blog.

http://onthemainline.blogspot.com/2009/04/whatever-happened-to-1965.html

[Malach Hamovies]

This was an Agudah publication. They had no problem displaying this ad. The girl is very pretty and the girl on the soda bottle isn't that tzneius.

Where was the "daas torah" on this ??? Where is Agudas "apology" ??

Did Nissen Wolpin(the on who bashed RYBS) who was the editor of the JO at the time ask a shaila what to do ???

What a bunch of hypocrits and revisionists !!!

[ah-pee-chorus]

Malach Hamovies -

thanks, remarkable bit of damning evidence.

[larry]

This is a quote from the way the Associated Press ran this story:

"His attorneys sought a new trial after evidence showed Chief U.S. District Court Judge Linda Reade, who presided over Rubashkin's trial, was involved in the planning of the raid. Rubashkin's attorneys argued Reade could not be impartial and should have recused herself."

[Malach Hamovies]

You are welcome !!! The decepetion is what is so bad about all of this.

Let them declare loud and clear that just as they claim that Reform and conservative has changed the religion - that they have changed it as well. But they won't and cannot do it.

[Shmarya]

This is a quote from the way the Associated Press ran this story…

Process, Larry.

Just because a defense attorney says something does not make that something true.

The government would say that Rubashkin, besides all the crimes he was convicted on, also obstructed justice, bribed a public official, destroyed evidence, committed multiple perjuries, hid his assets, laundered additional money, and committed dozens of other crimes.

And Judge Reade would say that all she did is ensure that defense attorneys were there for the arrested workers, that due process was followed, that eat detainee had legal housing, that the court and the defense attorneys had room to work and computer access, that translators were present, etc., and that she was never told the target of the raid, only its date.

And both the government and the district court would say that the details of the raid do not matter anyway, because Rubashkin was charged and convicted of crimes he committed post-raid.

But that's an awful lot for a brain as small as yours to process, now isn't it, Larry.

[larry]

Dear Shmarya, chill out! all I did was to point out how the AP ran the story. I gave no commentary! This is the way the wire ran it. (you can focus your wrath on the AP if you like).

[Shmarya]

No, Larry.

I focus my wrath on you because all you ever do is leave troll comments.

You have no brain.

[larry]

interesting development:

besides the Satmar-Yidish newspapers photo-shopping the White House "Bin Laden raid photo", guess about who else is it being alleged that they played with the photo...

http://tinyurl.com/3jehvwz

[Shmarya]

Larry,

You're a moron. Certified.

If there was a society of professional morons, you'd be its leader.

Now process:

The White House blurring top secret documents and adjusting the lighting is, um, NORMAL.

A publication photoshopping Hillary Clinton out of that photo is a distortion of history and an embarrassment.

But you are Larry the troll, Larry the moron.

And you cannot tell the difference.

[larry]

Shmarya, If calling me childish names makes you happy and satisfied, go ahead and fire away with all you got....

I'll read it all in the morning. good night.

[Shlomo]

MH I often ask this question and the answer you invariably get is that standards have changed (forget the part that Torah is eternal) I mean it was acceptable for the Rebbe to go to engineering classes years ago but a Chabadnik doing this now is looked down on....
That magazine is over 2 years old Judaism has moved on since then!

[Shmarya]

Lets see:

You have along history of squatting on posts, of posting unrelated material.

You have never made a cogent argument or answered a challenge posed to you honestly and factually.

When the facts prove you wrong – as they so very often do – you ignore them.

As I told you a month or two ago, either you stay on topic and actually respond on topic and with facts to those who challenge you, or I'll ban you.

You do not have free license to cyber squat and troll.

Got that?

[Yoel Mechanic]

>Let them declare loud and clear that just as they claim that Reform and conservative has changed the religion - that they have changed it as well. But they won't and cannot do it.

These are all very different sorts of changes. However declarations will not be forthcoming because of a lack of historical consciousness.

[Yoel Mechanic]

Larrrry! what are you thinking??? now be serious for one second: do you find the arguments you made above convincing to yourself? seriously. Is this on your mind "The arguments are nonsense, but perhaps someone here might be tricked by it" or perhaps this "I am really annoying someone with this nonsense" or it is "The quote is a quote and it is persuasive as quoted". I will make recommendations based on how you answer

[Joe Jr.]

shmarya, i know your way of thinking and love it. you're my hero. i'm thinking of joining a skinhead group with lots of music concerts. need to vent my anger, there is no better venue. come join as well. its a pity with your talent and know how to spend life at a computer. you can inspire kids like no one else. there are groups that accept jews

[Norm]

Cases heard by the Courts of Appeals are heard initially by Three Judge panels. A party dissatisfied with a result then can ask for a rehearing by the full court or "en banc".

Such rehearings are very rare and in general the party seeking such a hearing must generally establish that the ruling conflicts with a previous ruling of another three judge panel on another case (there are other grounds-but this is the most common).

After that the only remaining option is to the the US Supreme Court and the odds of any such case beign accepted is about 1%. Here it might be extremely difficult to find an issue the SCT is interested in-simply saying the lower court made a mistake usually doesn’t cut it.

Thus Rubashkin's fate probably lies with the three judges on this panel.

We have a particularly good set of judges in this circuit-but I think Rubashkin has been fortunate to get a selection which is slightly more favorable to him. (for instance one other judge is a former US Attorney in this district who is a good judge but if it were me I’d prefer not to have him on the panel in this case).

Judge Murphy is very liberal and has served a long time.

Judge Smith -has a very interesting background-he is an African American who was appointed by Bush II and was opposed by pro-choice groups people

Judge Riley is the Chief Judge and was a very respected trial judge and clerk for a very respected Court of Appeals Judge.

In short, I believe that this panel will follow the law, read briefs very carefully but potentially give the benefit of the doubt in interpretation to Rubashkin. They won’t be swayed by prejudicial arguments or a courtroom full of yarmulkas.

[sarg gravert]

Shmarya, what ever happened with the extradition hearing scheduled for May 2 for the former manager of Agri who had been caught in isreal? I must have missed something or did it even take place and if so, what was the outcome? Thanx in advance for your answers.

[Shmarya]

It's Israel. Don't hold your breath. It could take months before anything happens.

[effie]

Appellate courts are required by law to interpret facts in the light most favorable to the verdict.

[Yochanan Lavie]

Apologies to the Spinners:

Hand me down my bekesheh
Hand me down my [black] hat
Hurry now and don’t be late
'Cause the courtroom's where it's at

You and me we’re goin’ out
To catch the latest apppeal
Guaranteed to blow your mind
So high if no one squeals

Chorus:
Nu chevra, prepare yourself
For the Rubbishcan man
You never heard a sound
Like the Rubbishcan man
You’re bound to lose control
When Rubbishcan takes the stand

Oy, L-rd, this dude is quite a man
Everything he does
Is a chillul Hashem

Once I went to the slaughterhouse
At a place called Postville
I was so surprised, I was hypnotized
By the cows and how they're killed

Then I saw this black hat guy
Stretch a band along his arm
Oy, I laughed so hard at hypocrisy
When he did his workers harm

chorus

Got that Rubbish brand
On all his meat
And then he dressed it up
And sold it complete

(Doo doo doo doo doo doo doo doo)
Guaranteed to blow your mind
(Doo doo doo doo doo doo doo doo)
Doing that mischief, now doing time
(Doo doo doo doo doo doo doo doo)
Where in the world did he learn that, oy, L-rd
(Doo doo doo doo doo)
L-rd, don't let him get away

chorus

Doo doo doo doo doo
Doo doo doo doo doo doo doo
Doo doo doo doo doo
Rubbishcan man, Rubbishcan man
How much of this stuff do he think we can stand
So much malfeasance and denial from one man, L-rd
And then he had nerve to wiggle his way out
With his attorney, got tefilin on his head, oy!
Ay, what a shanda

chorus

Rubbishcan man sticks out his hand
Schnorring up and down across the land
Got people all in his ways
Everything about him seems out of place

Just a begging, just a begging, just a beg-beg-begging
Just a Rubbishcan, Rubbishcan man
Just a begging, just a begging, just a beg-beg-begging
Just a Rubbishcan, Rubbishcan man

Get down
Oy, get down lower
Oy vey

[Norm]

Effie-that's not quite correct a more precise statement is that findings of fact are reviewed under an absue of descretion standardard (very hard to overturn) and conclusions of law are reviewed de novo or anew. Here there was a Jury verdict so there are not too many findings of fact except in the the motion practice.

[effie]

My statement was correct - yours was not.

[KiSS]

Dear me Shmarya, see what happens next-
Rubashkin's verdict is vacated, a new trial is ordered, and the feds cut a deal for time served. Shmarya the vile self-hating kapo commits suicide, and the world is at (temporary) peace.
It might be your most important move in a long and winning career, Shmarya- get the rope ready!!

[Shmarya]

I think it's much more likely you will join your dead rebbe in the deep, cold earth.

[KiSS]

We'll just have to wait and see, Shmarya-baby :) Still lonely in the gutter? It's about to get worse.... Rubashkin free and your disease spreading, oh my!!

[Shmarya]

There's enough evidence against Rubashkin to keep in in jail for 100 years.

Enjoy the cold earth.

[KiSS]

Hope they don't let your carcass hang from the tree for more than 100 minutes Shmarya - you'll make a landfill smell good. Please wait till the appeals over before you do it though. Oh, and Scotty dear, do you think there will be even one human being who will care??

[Shmarya]

You're a very sick man and a festering example of the sickness of your dead rebbe. Rot in the earth.

[KiSS]

I'm so excited to hear the news, Shmarya, not to mention reading the 8-liner buried in the back pages...
"Scott Rosenberg was found dead of a self-inflicted wound today, a week after SM Rubashkin's case was sent for retrial. Rosenberg died a bitter and lonely man leaving behind only memories of his crusade against the Rubashkin family and Habad. He was buried in an unmarked grave on the public lot. RIP-HIVS

[Shmarya]

You'll be long dead and buried before I go down, little man.

And when the day comes, you wont be awakening from the dust.

If God exists, there's one thing we can all be certain of: He would not approve, condone or forgive what you are and what you do.

[KiSS]

Really? He must love what you do Scotty-baby. Don't worry, I promise to piss on your grave and water the weeds every year - that'll be more attention than you get from anybody else :)

[Shmarya]

Lets see:

Sholom Rubashkin stole from the poor.

Sholom Rubashkin tortured animals.

Sholom Rubashkin stole from the middle class and the rich.

Sholom Rubashkin created one of the largest chillul Hashems in history.

In your sick, twisted little mind, writing about Rubashkin is far worse than what Rubashkin did.

But you are wrong.

And your encouragement of suicide and your other behavior will come back to haunt you, and haunt your family, as well.

[KiSS]

Sholom Rubashkin fed the poor.
Sholom Rubashkin supported the sick.
Sholom Rubashkin ran a family business like a community welfare fund.
Sholom Rubashkin lived relatively simply while supporting hundreds of others.
Sholom Rubashkin didn't deserve the smear campaign that distorted his track record.

Things to contemplate while you hang from your beam Shmarya...

[Shmarya]

Idiot.

Sholom Rubashkin stole from poor, indigent non-Jews and used the money to give tzedaka, 'charity' to Jews.

Sholom Rubashkin stole from suppliers, banks, competitors and even friends, and used the money to give 'tzedaka.'

Sholom Rubashkin had the largest home in Postville.

Sholom Rubashkin stole at minimum $1.5 million for his own personal use from the bank loans.

And now Sholom Rubashkin is in prison because of it.

And the more people like you lie to support him, and attack those of us who reported the truth about Rubashkin, the more I and others will continue to report that truth.

There is enough hard evidence to put Sholom Rubashkin away for 100 years.

And the more you do what you do, the more likely it is the Sholom Rubashkin will face new charges and will sit in prison longer.

Look at the Runge case.

Judges and officers of the court do not like being lied about, called antisemites, and threatened.

When this is all over, Rubashkin will rot in prison, not because he should have received a 27 year sentence, but because the tactics he and his supporters and attorneys have used will cause the government to charge him with everything else they can – and that is a very long list of felonies.

[OMG]

@ KiSS
You runt
Why do you believe it is ok, to curse any other human being for reporting the facts of a case?
Why do you believe it is ok, to attain money from a bank fraudulently and give charity with ill-gotten moneys?
Why do you believe it is ok, to misallocate employees health care co-pay for personal or company use?
Why do you believe it is ok, to have employees to work the overtime hours, for different company, thereby, evading overtime?
Why do you believe it is ok, to give money for a manager to flee the country?
Why do you believe it is ok, to perjure on the witness stand with full regalia and the Rebbe’s photo in hand?
Why do you believe it is ok, to destroy evidence after you have been arrested?
Why do you believe it is ok, not to pay your suppliers on time?
Why do you believe it is ok, to divert 1.5 million dollars from the company for personal use, while the company struggled to pay its bills?
Why do you believe it is ok, to have in your employment children?
I guees it is because Avsdim hayonu l’faroh b’mitzrayim…

[Kastner]

I think KISS is simply pointing out that no objective observer, rabid anti-semites like OMG & Shmarya obviously excluded, can believe Rubashkin had a fair trial. His generosity is far better established than any presumed guilt. I disagree with the recomendation that you hang though, Shmarya- it would be a waste of rope.

[Shmarya]

The problem, little man, is that the evidence against Rubashkin is overwhelming, not just for the charges already tried, but for those that have not yet been tried.

If he gets a new trial he will be found guilty again.

And he will most likely also have to face all those other criminal charges that were not yet tried, and many more that have not yet been charged.

And he will sit in prison for a very long time.

On top of that, every day Agriprocessors' bankruptcy trustees and federal investigators get closer to recovering the money he and his family looted from Agriprocessors just before the bankruptcy and immediately after it was filed.

And with that recovery could easily come even more charges filed against Sholom, Aaron, Yosi, Gittel, Heshy and the people who helped them take and hide that money.

And some of those people may very well be close to you.

Hamayvin Yavin, Chabadnik.