Rubashkin Appeal Denied

Sholom Rubashkin's request for an en banc hearing of his appeal's earlier rejection by the 8th Circuit Court of Appeals was denied late this afternoon.

JUDGE ORDER: denying…petition for enbanc rehearing filed by Appellant Mr. Sholom Rubashkin. Petition for panel rehearing is also denied. -Judges Melloy, Colloton, and Gruender were disqualified from the consideration and decision in this matter.- (PUBLISHED) Hrg June 2011 [3846085] [10-2487, 10-3580] (DMW)

The next step is an appeal to the US Supreme Court, which I think must be filed within 90 days.

The ruling as a PDF file:

Download Rubashkin denial of en banc review and panel reviw 11-2011

[Hat Tip: Burich.]

Comments

[Waiting4Moshiach]

Nebech, the fast way to get him from the jail is to pray for Moshiach to come already because when Moshiach comes, no Jew will be in a goyishe jail!

[chaim36]

That is NOT an answer. He MUST show REMORSE and REGRET for his actions. Everything else is a waste of time.

[OMG]

We are coming to the end game, when Supreme Court denies certiorari, what would be the next move. Let me be bold and predict that, the SMR supporters will bundle large amounts of money for the Republican Presidential nominee, with the hope that President Obama would be a one term President. Moreover, down the road they hope and pray they will secure a pardon for SMR. The funny part would be that President Obama wins reelection.

[OMG]

That is NOT an answer. He MUST show REMORSE and REGRET for his actions. Everything else is a waste of time.
Posted by: chaim36 | November 03, 2011 at 08:06 PM

Regret and remorse after the conviction and sentencing doesn’t make a difference. He is toast.

[seymour]

the funniest/saddest thing is that after all this no one Orthodox rebbie had come out and said

let this be a lesson to yiddin, do not commit fraud you will get caught sit in jail and cause a massive chulul hashem

i mind that very troubling

[Rebitzman]

the funniest/saddest thing is that after all this no one Orthodox rebbie had come out and said

They are waiting for the legal process to play out completely before wading in?

[seymour]

That is NOT an answer. He MUST show REMORSE and REGRET for his actions. Everything else is a waste of time.
Posted by: chaim36 | November 03, 2011 at 08:06 PM

Regret and remorse after the conviction and sentencing doesn’t make a difference. He is toast.

Posted by: OMG | November 03, 2011 at 08:21 PM

and the action by the frum including the petition does not help.

they the judges are not supposed to be affected by such matters but they are humane

[WoolSilkCotton]

Hooray! The criminal remains where he belongs, and the liars and drek who defend him nonstop have wasted even more money and energy.

It is still potentially beneficial for him to express remorse and apologize, and offer financial restitution, because that might be more of a selling point to a President (now or in the future) to pardon him or commute the sentence.
Pardons by Bush were only for those who did so.
But this criminal is so oblivious to reality, as are his supporters, that this cannot happen.

[seymour]

But this criminal is so oblivious to reality, as are his supporters, that this cannot happen.

Posted by: WoolSilkCotton | November 03, 2011 at 08:31 PM

he cannot and his main supporters cannot admit an once of guilt otherwise the money funding machine might dry up
and anyway a frum person cannot every be guilty of a crime in secular court since according to them they really have no validity to judge a yid

[Oregano Wilkenson Taylor]

The truth is that SMR is actually the fall-guy for his father Aaron Rubashkin - who is the real criminal. This is a Jewish Mafioso family with a history of many many criminal and civil indictments. They bought their way out of most of them by returning laundered money and paying heavy fines, but there is a pattern of criminal activity on the part of this family going back 8-10 years. (They also used to give rotten chicken at sheva brochos in the restaurant on thirteenth avenue. This happened to me twice.) The 27 year sentence is a tragedy, but when you spit in a goy's face, he (unlike the Jew) does not say, "Oh it's raining." He spits back....hard.

[WoolSilkCotton]

Oregano, true. Excellent summary.

[OMG]

WSC, lets break out the DEW

[WoolSilkCotton]

Yes, 3 years ago, erev Halloween, was the Mountain Dew Party! L'Chaim!

[OMG]

Nothing yet on VIN

[Isa]

All his life, he was taught goyem are not human- thanks to the Tanya.
Then when he is master over animals and workers they all get tortured and screwed.

He thinks Ha-Shem does not hear their Lamentations but Rubashkin is quite wrong.

It is like like someone who abuses electric motors and his told "the motor spirit will be mad at you"

In Rubashkin's mind he has done no wrong!

[Simple Jew]

B"H

Rabbi Rubashkin and family

If you make the mistake of reading this website don't be affected by the jews who are not yet frum.

IY"H soon SMR will be out either by the court process or by an open miracle.

We will be happy with either.

Seymour -- YOU admit in your post that judges can be biased in an unfair way.

I don't think the jewish community ever got 50k people to sign a petition in 30 days. The Achdus in SMR name alone is enough to change any CH"VS negative decree from on high.

For now I have to try to make some extra money so I can give more to the legal defense fund. In our wonderful "fair" legal system you can not even get a case together before the supreme court without a million or more $.

[dude]

"simple jew" - you have described yourself accurately - simple.

If I recall correctly, before rosh hashana, SMR wrote to his children telling them he would be home for yom tov.

I can understand why he is delusional, but why are you? Do you understand that by not accepting reality you are hurting him, and sadly, his children. They need to learn to deal with their new reality. I really feel for them.

This who affair is a pathetic indictment on frum jews.

You are also delusional if you think only "not yet frum jews" hold this view. Only the real suckers and nebechs have a view similar to yours.

[WoolSilkCotton]

Simple Jew, why not just ask Nate Lewin, who is such a frum Jew, to work for free.
Since Rubashkin is so wonderful, I am sure Reb Lewin will be eager to donate his services for such a great tzaddik.
If he won't, perhaps you should ask him why he refuses to donate his efforts.

[WoolSilkCotton]

When did the Chabad become an organization of criminals defending other criminals? Does anyone know the exact date that the criminality became official for Chabad? Maybe 3 Tammuz?

[phillip]

How many bites of the apple until his appeals
run out.
Let him stay where he is..... in prison.

[ultra haredi lite]

Orgasmic news

[sage]

+++Posted by: Oregano Wilkenson Taylor | November 03, 2011 at 08:41 PM+++

I totally agee with WSC's comment, after your excellent post.

I would add, that the criminality in the RCF Mafia goes back much further in time than you have indicated.

A poster a few years ago, stated, that he would never do any business with AR, as his uncle was cheated by him in Russia, before AR and the family were able to flee to the US during the WWII era.

The appeal to the Supreme Court, IMHO, will most certainly fail and after that, who knows what sleazy shennangins the RCF and it's supporters will try to pull.

But this I know for sure:

The heretical Tanya will still be taught to innocent Chabad children and set them up for living a life of commiting Chillul HaShem on a very regular basis.

What a horrible waste!!!!!

[Old time Lakewooder]

wath the pardons Obama will give prior to election, polard & rubashkin.

[WoolSilkCotton]

Obama's staff already studied the demographics of who votes where and for whom.
The frumma are the only ones who care about the criminals Pollard and Rubashkin.
The frumma will not vote for Obama even if he frees every frummer criminal.
The frumma vote is only in parts of the metro NYC area, and has no real impact on the state or national vote.
The frumma voted against Obama last time, and he still won NYS easily.
Every frum website slams Obama all the time.

So please tell me why Obama should pardon these criminals.
If he lost the election, there is no reason to try to please the frumma.
If he won the election, you could easily see the voting district-by-district, and his staff will see that the frumma did not vote for him.

So again, please tell me why Obama should pardon these criminals.

[seymour]

simple Jew

Seymour -- YOU admit in your post that judges can be biased in an unfair way

I never said in an unfair way

what I said is very simple nature, if you want someone to judge in your favor commonsense would be to not piss then off
chabbad has not learned that simple fact

PS every single person gets influenced by outside factor.

secular people understand that

frum do not and think their leaders are immune to that.

For example, if i am walking my dog of leash and forgot to take his collar with the rabies tag.

A police stops me , I can be a dick and get two tickets walking the talk off leash and no rabies tag.

If I am nice to the cop there is a good chance i can avoid the rabies ticket.

SMR and the way his friends acted would get not only the walking of leash ticket, the rabies ticket, and maybe no NYC licemse ticket and whatever else he or she could think off if I acted the way SMR acts

that is what i meant

no way did I meant they where dishonest or did anything unethical or antisemitic

maybe you are simple

[Rebitzman]

@Paul mutter
 
Please explain the discrepency between "HOWEVER, it is in the complete discretion of the prosecutors as to how to determine the number of counts" and "the judge should have never allowed him SMR to be indicted on so many counts".
 
The bottom line is your statement:  "As Rubashkin was guilty of his crimes the jury had no choice but to convict him on all counts".  SMR is entitled to justice, and whether or not he received secular justice will apparently be decided by the SCOTUS.  I snicerely hope his lawyers are smart enough to stay away from your silly response.

[ahad ha-am]

simple jew is at the very least a simpleton and one ought to be sorry for him and his lack of itellect.unless he is baiting this forum. lewin and daughter 10 out of 10, for financial gain. aaron and his clan 0 out of 0 for,no conscience, looking down on the goyim and generally so overcome by their own sainthood they are to be sorely pitied. many of these tanya followers are equally as simple as simple jew.

[Korbendallas72]

Simple Jew - This is why you are hated by Klal Yisroel and the rest of humanity and why we take such pleasure in placing an unrepentant shitbag like SMR rot in prison. He's a criminal, and you're an unthinking, unblinking, useless little sheep. You should go back to your shtetl where you'll be rewarded for your worship of human masters.

Look at the bright side, there's absolutely no way SMR will complete a 27 year sentence. The radiation will have killed him long before that. #Fukushima

[Chitlins and Grits]

I've said it before and I'll say it again; a kernel of wisdom I learned from a ghetto kid i hung out with around age 20: if you can't do the time, don't do the crime.

[Bfeirush in Fartscroll]

All kidding aside, 27 years is a long time to have to guard your ass from unwanted entry. It is a sad day when all these yutzkite sign a petition that's as helpful to Rubashkin as my flatulence, when a tube of Prep-H would do him more good.

[ahad ha-am]

an appeal to the united states supreme court,when enough for fees is raised for the legal bill for the reb sm r will may or may not take place. either way reb lewin will soon be able to retire from his most righteous occupation and learn to understand that the nether world is not run or oiled by the american dollar.

[T.T. Washington Jones]

Reply to Wool/Silk/Cotton:

I think you may have overlooked the fact that "Chabad" i.e. Corporate Chabad has distanced themselves from the SMR case with their deafening silence. Krinsky and Co. whatever their own problems, are have never come out publicly in support of Rubashkin or of any of the fund raising scams. Official CHABAD is not in support of any criminals, and for sure not this one.

[Shmarya]

Official CHABAD is not in support of any criminals, and for sure not this one.

Posted by: T.T. Washington Jones | November 04, 2011 at 03:13 PM

False.

Official Chabad bribed one criminal to have him take the fall for another criminal who is the son of a powerful shaliach (the Pinchas Lew case) and has been active behind the scenes in other cases, as well.

And NCFJE is an official Chabad org. It and Aleph (another official Chabad org) took the lead in raising money for Rubashkin.

[state of disgust]

Here comes the Scalia - Lewin connection.

Lewin will try to get Scalia to champion his case with the other supreme's, so they will grant cert. It will be interesting to see if he succeeds and a good indication of Scalia's influence over the other judges.

[Bfeirush in Fartscroll]

Why are the sackless dandrff riddled chareidi poseurs over on VIN ignoring this?

[Chaim Heller]

See you in 27 years.. So long Mr. Rubbish'kin

[leo]

Another day to smile. Rubashkin and his followers are so amusing.

[neighbor girl]

Has Aaron Rubashkin ever turned over his residence and shares of stock to US Bancorp, as ordered by a judge in 2009 and Oct. 2010? He was ordered to do so after defaulting on an equipment lease for Agriprocessors.

[simple jew]

B"H

State of disgust--

When you claim lewin will use influence w scalia u are admitting judges (ie like reade!!!) Are subject to outside influence bias etc

Why don't you guys help someone instead of talking nonsense.

[ahad ha-am]

to simple jew , Get out of kindergarden and go and TRY to develop your under utilized stagnated brain of yours. this is not an insult just trying to help you to try and grow intellectually,probably with some difficulty. go out and help ydden in real financial distress instead of worshipping schneerson and his toady followers.

[Different Dave]

Just wondering if your readers are aware of your past with Rubashkin. How you used to eat by his house and learn with him, and then the jealous bastard that you are turned on him when he refused to help your little chicken business in MN. So you went to the conservative and reformed side assuming that you thought you can make more money selling treif chickens to an obvious larger jewish population You are a douche bag and will forever be one

[Shmarya]

Posted by: Different Dave | November 09, 2011 at 11:10 AM

Please.

Any more lies you'd like to post?

1. I ate at Rubashkin's house three or four times over a five year period.

2. I never learned with him.

3. I bought my kosher meat business because Rubashkin encouraged me to and because he promised me discounts on non-glatt meat that he wanted me to sell at reduced prices to get non-Orthodox Jews to start keeping kosher. But Rubashkin did not give me those discounts, and he refused to sell ne the non-glatt meat, because HIS FATHER would not let him do it. And the only reason why anyone one knows about this is because I WROTE about it here on this site.

You're liar, and not a particularly bright one, to boot.

Rot.