Former Bush Solicitor General Now Rubashkin Lead Attorney

Paul D. Clement, the US Solicitor General who served under Georger W. Bush from June 2005 to June 2008, has replaced Nathan Lewin as Sholom Rubashkin's lead attorney. Rubashkin's request for a US Supreme Court review of his conviction, sentence and lost appeal is due to be filed by April 2.

Paul D. Clement

Former Bush Honcho Takes Rubashkin Case
Nathan Lewin No Longer Rubashkin Lead Attorney
Shmarya Rosenberg • FailedMessiah.com

At Nathan Lewin's request, the former US Solicitor General under President George W. Bush, Paul D. Clement, has replaced him as lead attorney for Sholom Rubashkin's request for review of his conviction and sentence. Lewin, who was guest on Zev Brenner's Talkline radio show last night, responded to a listener's emailed request for an update on the Rubashkin case. Lewin said he suggested Rubashkin hire Clement – an experienced litigator before the US Supreme Court –  because it was more likely that the US Supreme Court judges would take an appeal from Clement especially seriously:

"Although I've argued many cases in the Supreme Court, I thought it would be helpful in terms of respect the court would give to a request for a review that would come from somebody who, quite frankly, is not Jewish and who is highly respected."

Lewin, who was billed by Brenner as the "dean" of Orthodox Jewish attorneys in the US, also said the deadline for filing Rubashkin's brief with the Supreme Court is now April 2 (extended by 30 days from the original deadline with the permission of the court to facilitate Clement's participation).

The US Solicitor General is the number four position in the United States Department of Justice behind the US Attorney General, Deputy US Attorney General and the Associate US Attorney General.

Clement was approved by the US Senate in June 2005 and served as US Solicitor General for three years, resigning effect in June 2008 to accept a position at Georgetown University's law school, where he still teaches.

Early in his career, Clement clerked for Associate US Supreme Court Justice Antonin Scalia.

Comments

[Confused]

People laugh when they hear of yet another fundraiser for Rubashkin. All this legal representation cost money and B"H there still are people around willing to help.

[ruthie]

the people in monsey that support rubashkin are brainwashed.
i'm not making fun of them. my friend is the biggest supporter here.
she came to visit last week. stayed a few hours. very simple.
brainwashed.
i feel sorry for her.
and rubashkin doesn't need fundraisers. it's just a plot to keep people feeling sorry for HIM and he obviously has money left or else
bush honcho wouldn't have given him the time of day.
so there goes his honesty argument.

[Phillip]

There is no reason for Rubashkin to to have
a review his sentence....
He got what he earned.... many years in
prison.

[effie]

"Although I've argued many cases in the Supreme Court, I thought it would be helpful in terms of respect the court would give to a request for a review that would come from somebody who, quite frankly, is not Jewish and who is highly respected."

This is bullshit. Lewin is disgusting.

[Rebitzman]

There is a legal process in ths country. Rubashkin is following said process. It is expensive, and he has friends willing to pay. When he has exhausted the process there will be no legitimate way for the losing side to claim that things are unfair, and that one side was not heard.

These looks like a sound legal move on his part.

All the above said, I cannot see from what I have read that he has much of a chance and I fully expect the same result.

It seems on FM a court is judged (by both sides) soley on whether or not they convicted the Haredi Jew, and not on whether or not they simply followed the law. That is sad.

[Isa]

Don't care
Ol Rubi [and his friends] have pissed off the government.
Wait till they get that Arab back from Israel, they will get ol Rubi on NEW charges

[simple jew]

B"H

Thank G-d frum jews don't give up.

What I am amazed by is people who say -e have legal system blah bah blah but many of same people say pollard trial etc etc unfair.

Its clear you are jewish antisemites embrrased by jews w beards.

Lucky you werenot around in time of Moshe Rabeinu

[rebitzman]

@simple jew

Its clear you are jewish antisemites embrrased by jews w beards.

As I read it rather looks as though YOU are the one singling out Jews for derision and ridicule.

Which makes you the anti-semite.

And for the record, Moshe Rabeinu would see how you were dressed, look at your beard and peahs, watch how you daven and hear what you are saying and would not have the slightest idea what you were doing much less figure out that it had anything to do with being Hebrew.

[yechi ben levitas]

friends romans countrymen, lend me your ears i come to bury Caesar not praise him,; more like

friends Yiden countrymen of Chabad i give you up unto P D Clement. may he too speak highly of sholom Ceasar Rubes in the pulic court and grow in great wealth with the fees of responsibility of his high ranking in jurisprudence. this becomes more and more, as of a play written by William S.

[yechi ben levitas]

to Effie; relax the weather here is 40Celcius so i am taking the heat.its really really hot.effie i dont think there are heaters in B O P Prisons,or are they supplied to special inmates? ps ; your remark is not without credit but its lewin collecting fees that counts is it not.? you have as Madoff proved a ground swell of pretty wealthy jews happily parting with large sums of money. more fool them.

[Simple Jew]

B"H

Rebitzman

So you think Moshe Rabeinu was cleanshaven.. ok I give up.

I notice how conveniently you skip over the point on Pollard.

[Rebitzman]

@Simple Jew

I am absolutely certain Moshe did not dress like a 16th century Pole, and stand behind my statement. You do not in any way shape or form represent "real" or "original" Judaism.

And I said nothing about Pollard because I think he was convicted and deserves what he got. Your point?

[Simple Jew]

B"H

I think chasidim are closer to the source then whatever you are practicing. Things like Shabbos, kashrus, bris, family purity, etc. are from the Torah Moshe brought down on Mount Sinai--- the word of G-d.

A clean shaven american jew in a suit is not something Moshe Rabeinu would recognize as being jewish. I am not looking to force anyone into observance but just because you don't believe you don't need to knock/degrade others that still have faith.

My point on Pollard (assuming you are being honest) may not apply to you but many of the posters on this site think that Pollard was dealt with unfairly and when talking about that case they have issues with American justice not being fair to a jew. But... when it comes to SMR or other frum jew then its "they had a fair trial and got what they deserved"

[effie]

yechi ben levitas: Lewin was saying the USSC is anti-Semitic. That is pure bullshit. He's out of line.

[Shmarya]

yechi ben levitas: Lewin was saying the USSC is anti-Semitic. That is pure bullshit. He's out of line.

Posted by: effie | January 29, 2012 at 12:58 PM

I suppose you could hear it that way.

But what I heard is that Lewin wants to make sure that SCOTUS sees the case as impacting wider American society. He also wants the clout of having a former US Solicitor General handling the case.

I also think that Lewin's previous antics may have tainted him, and he's reacting to that by bringing in Clement.

We'll have to see what Clement puts his name to before we know much more.

[Rebitzman]

I think chasidim are closer to the source then whatever you are practicing.

I am not looking to force anyone into observance but just because you don't believe you don't need to knock/degrade others that still have faith.

You have no idea as to the level of my observance, the state of my facial hair, the kashrus of my kitchen, so all of your statements are rather ignorant - haughty and frankly arrogant.

So - between your racism, anti-semitism and arrogant attitude, I can say with absolute certainty that there is nothing Jewish about you - nothing that Moses would recognize as Jewish.

And before you go off on my "anti-Charedi" attitude, I am not talking about Charedi Jews - I am talking about you and your pitiful example of what it means to be a Jew.

[WoolSilkCotton]

Simple Jew, most of what you think is haredi/hasidic Judaism is really just eastern European culture, and has nothing to do with Judaism.

What you call "Shabbos, kashrus, bris, family purity" was created by rabbis over the last few hundred years in Eastern Europe.

You are in love with Eastern Europe. Go back there, like I did a couple of weeks ago. It ain't what you think. It's not your grandfather's Europe anymore, so get over it.

[dh]

Oy, Shmarya, what? you're going soft on us? I think Lewin doesn't give a rat's ass about Rubashkin and would have loved remaining in the spotlight of lead counsel to death do them part. He was pushed out for being an ignoramus.

[state of disgust]

Follow the money.
Which is exactly what Clement is doing. Hey, if some dumb yid is willing to pony up the bucks lawyers will search for a hook to hang this case on and Shmarya may be right - look for an interpretation that has broader implications for the legal system.
Personally, I think this case will fail. Fraud is fraud is fraud.

[Joe Field]

My read on this saga, One-, Lewin can to the conclusion, that he alienated every descent human being involved in the judiciary, therefore, he had to recues himself. Two-, after Rubaskin’s friends and family took a hard look at how Lewin let them down the wrong path, they asked Lewin to stand aside. Three-, Lewin himself recognized that he is the one who declared war on the Justice Department, with zero to show for his effort. Therefore, he decided that he should step aside. Four-, Lewin understood that Rubashkin has a chance to prevail like a snowball in hell; therefore, he decided that in the end he does not want to be remembered as the lawyer who let Rubashkin down the 27 years’ incarceration path, so with the new lawyer on board, the goy would be blamed not.

Whatever the reason is, rest assured that Lewin made a calculation that it is in his best interest to relinquish the reins.

[simple jew]

B"H

Rebitzman

I am only following your lead. How are you supposed to know anything about me? But somehow you decided Moshe Rabeinu would see how I am dressed (like an goyishe american businessman) and my peyos (lubavitchers don't have long peyos)

[red]

If they want to raise more money for this menuvel's case.Just come back to the Five Towns a new sucker is created evey minute there.

[מרדכי סטמר]

From what I see,anytime the name Rubashkin is mentioned, it brings out raw emotions from all sides.

So let me try to sideline the biased feelings from both (?.better said "all")sides and focus on just what it makes people so blind to the other sides.

Let's start with the ktiegor (prosecutor).
(Forget for arguments sake, the number of counts the prosecutor is able to sum up)

1)Workers mistreated.
2)Tzaar balei chai. (PETA)
3)illegals employed.
4)Inflated invoices to deceive the bank.
5)Century old law,to pay cattle dealers within 24 hours.
6)Thought he's above the law.
(Not really a punishable crime, but something that pisses people off)
In this category falls in all of the claims against him, people here are trying to attach onto him!
-----------
27 YEARS= LIFE behind bars!

Is it any wonder why people get outraged?
When Blago got 14 years there was a huge outcry
For the harsh treatment he got!
And interesting enough it was mostly for same reasons Rubashkins sympathizers are outraged,
Children at home
First time "white collar" offender,
No danger to the public,
Etc.

While Blago made a mockery of everything Americans hold dear! He only got half what Rubashkin was dealt.
And people just couldn't comprehend why the judge was so strict.

Listen brothers and sisters,( I also don't like the way how those askunim were-are- handling the matter from a PR standpoint.)

But come on!!

27 years!!
Doesn't it break your heart for a person (a fellow Yid) you never ever even met and don't know how and why he did (I'm not going to defend him. Because you won't like my
reasoning anyway) what he was
convicted of doing?

He didn't destroy lives or 1000's of life savings! Nothing close to it!

People will never understand why it is, when the prosecutor is able to gather (I'm not talking about fighting the mafia) for the same crime 100's of counts.
Then automatically the punishment gets out of proportions

Remember a human being is ratting his life in jail. Because he didn't run his business according to the rules and laws! And got a punishment what child rapists and murderers get !!

Oy dus pintela yid!

[Shmarya]

Posted by: מרדכי סטמר | January 29, 2012 at 10:56 PM

Please.

ONE count with a conspiracy upgrade for a $26 million dollar financial fraud for a first time offender gets more than a 20 year sentence according to the US Sentencing Commission Guidelines.

Rubashkin was convicted of 86 counts.

Two years of his sentence were for perjuring himself in court. One count alone got him the rest.

[TIRED OF HEARING HIS PAIN]

רדכי סטמר to:

YOU HAVE NO IDEA HOW MANY PEOPLE SMR HAS HURT TO GET WHERE HE WAS TRYING TO GO, HOW MANY BUSINESSES HE HAD SHUT DOWN, THE MAFIA RUN TOWN AND BUSINESSES. HE HURT HIS OWN FAMILY MEMBERS BY TRYING TO CONTROL THE MONEY AND EVERYONE HAD TO SUCK UP TO HIM FOR A PART OF IT OR THEY GOT NOTHING. HE WANTED ALL THE CONTROL, SO THEY LET HIM TAKE ALL THE FALL. THERE WAS A MEAN NOT NICE SIDE TO HIM AND I'LL BET IF WE STARTED A BLOG THERE WOULD BE SEVERAL HUNDRED PEOPLE COMING FORWARD WITH WHAT I AM SAYING. AND WHY IS IT THAT HIS OWN WIFE IS NOT SELLING HER DIAMONDS AND PEARLS, HERE RING IS 1.86 CARATS AND VERY CLEAN AND IS WORTH A LOT TODAY, DOES SHE NOT THINK HE IS WORTH, THEY SHOULD EXHAUST THEIR OWN FUNDS BEFORE TAKING FROM OTHERS BUT THEY ARE SO USED TO OPM IT IS UNBELIEVABLE AND YES A NEW SUCKER IS BORN EVERYDAY. THEY ARE TAKERS AND USERS.

[yechi ben levitas]

T IRED OF HEARING HIS PAIN. Too true.there is so much corruption today, financicial corruption in the USA, that since Madoff, there should be a death penalty when it can be proved that people commit suicide, become totally impoverished due to these fraudulent phsychopaths.-a total indifferance to morality and the plight of the other. it seems no one ever shows remorse for wrong doing, only excuses.

[Rebitzman]

I am only following your lead. How are you supposed to know anything about me?

I commenting on your clearly stated attitude and open contempt for thise not aredi, and really have no concern at all to how you dress, how black your at may or may not be or if you are clean shaven. Since these attitudes are clearly stated in this thread, I have plenty upon which to comment - unless you were lying about the whole thing (which opens another door).

You, on the other hand, were discussing how I choose physically to display my Jewishness, and making your judgements based on assumptions that may or may not be true. You simply do not know.

[seymour]

B"H

Rebitzman

I am only following your lead. How are you supposed to know anything about me? But somehow you decided Moshe Rabeinu would see how I am dressed (like an goyishe american businessman) and my peyos (lubavitchers don't have long peyos)

Posted by: simple jew | January 29, 2012 at 07:39 PM

nobody and I mean nobody would Moshe recognize is following the old Hebrew religion that he practiced (if he did exist)

daven. did not exist when he was around.

no stoning for carrying on shabbos, why not

No internet, what are you guys crazy this is the greatest thing since I spitted the sea, let me see let me see

[מרדכי סטמר]

Shmaryah:

You didn't get the exact point I was trying to bring out.
It maybe my fault for not making myself clearer,
So let me try again.

(If I'm not mistaken you wrote that you also don't agree with the harsh punishment he got, but the law as it is now warranted him this verdict)

I will try to use as examples non jewish people involved,so people don't get riled up.

When the people who supposedly are here and getting paid by us to uphold the law,are abusing the(I call it TECHNIALITIES) law. People will get upset and outraged including myself!

I have no problem when the government uses every trick,law and technicality including schmacatiring...to bring down a person like Jhon Gotti.

Who himself used every technicality to avoid his earned downfall at the first three trials.
And the government -knowing full well the numbers of murders he had under his belt- used their own tricks ,technicalities and laws to put him away.

But when you use the LAW to put away a guy like the founder of Tycco (correct me if I misspelled it) for almost thirty years! I'm equally outraged then, as with the severe punishment Rubashkin got.

His "crime" was arranging a 2 million dollar birthday party for his wife- in middle of the Enron scandal- and the cannibals came out barking.

So the government put him away -effectively- for life!

He also thought that he's above the law,
Having his puppet- whom he made super rich by establishing the company- board of directors, to approve his outlandish life style on the-public- company's dime.
But come on!! It doesn't give them the "right" to hand down the death penalty for this!

Arrogance or ignorance doesn't deserve this kind of treatment!!(Maybe jealousy does...)

Steve Jobs also used sharp elbowed tactics to get where he was aiming to go. (Lots of successful business people do)

You can claim that he used and abused Wasnick's skills and took advantage of his lack of business and market skills ,to get to his status and admiration.
It doesn't make him a criminal!

And no one likes it when the government uses a law-money laundering- intended against the drug cartels. Against people who avoided taxes!
Only because the BOOK says that they CAN! when they know that the laws would never pass congress if it would've been written for tax evaders!

[BiF]

Nat Lewin is fuller of shit than a cow's ass on a Sunday.

SCOTUS doesn't grant cert to a case because of what lawyer is submitting the papers. Anyone that believes that is more retarded than Nat. But a yid and his money are soon parted, which is why the asian and korean whoores in Kensington are singing the blues, apparently the extra cash going to the legal fund is coming (no pun intended, well, maybe) out of the chareidi shtuppy funds, which is ironic given that most of the frum mangagers at AGRi got keppee from the guats in return for less physical work, which is also ironic, because they got less physical work for giving a blow job. (work - job, get it?)

[simple jew]

B"H

BiF
You are so grub.
Were you abused as a child? The need to shock us with curses, sex etc is a possible sign of abuse somewhere along the way or a warped mind.

Therapy may help. Try it.

[Beth B Ware]

As the one who drove Alyza Lewin to and from the event that had over 2000 "brained washed" women, and spoke to her on the way back, as she said, SMR did not get a "just" trial. Linda Reade, as you all know, the intellectual ones, was apart of the planning of the raid six months before it happened, she had contact with the prosecution, as well, before the raid. Is that justice? You are all angry at the wrong things, you voice your, so called opinions, just to kill time, and for what? Tell US, how Linda Reade ended up on the 8th circuit court, shmuzing with the judges before the appeal, is that Justice? So the man screwed up, big time, and the people who are supporting him, are doing it for his family, mostly, and because they feel the trial was not Justified, and not FAIRLY done. You sit here, yourselves, brain washing everyone against him, but I'm sorry to burst you bubbles, there are more people for SMR, than againt him. As for the man who made up this site, he himself, sat many many Shabbosim at SMR's sister's table, Mrs C Guorarie and a few times by Rubashkin himself. He was a Baal Teshuvah until someone pissed him off, and now he spends his time bashing the same people who put food in his mouth. That's called SICK. Enjoy your Chabad, Rubashkin, and everything else you find wrong in the world you don't agree with, bashing. I won't change my mind, and the thousands of supporters for SMR won't either. I'm shocked that you don't go protesting in front of events, in public, revealing who you really are, instead of hiding behind your insignificant words! I saw what Rachel Weinberg wrote to you, so called, anti SMR followers, and I would love to get in touch with her myself, she has a real reality on this situation. Even though I came out of nowhere, doesn't make me a no one, for from it, just heard, from a friend how sad you people are, for deriving pleasure from other people's pain.

[Shmarya]

"Beth B Ware" and "Rachel Weinberg" are the same person.

Sockpuppeting is not allowed.

Writing using one name to support comments you made using another name is unethical. It's a form of cheating, of lying.

And it just got you banned.

As for the drivel you wrote, it's almost all completely false.

You given access to the facts last time you tried this, but you wouldn't look at them.

Of course, lying to make your points – which you just essentially did – explains a lot about why that is.

[Simple Jew]

B"H

Yasher Koach to Beth and Rachel.

Justice will prevail.

Trial was not fair. If that is normal federal trial so then normal federal trials are not fair.

One proof that federal trials are not fair is that they have like a 95% conviction rate.

Sure -- when the prosecutors are in bed (literally in some cases) with the judges and the judges control what evidence they will allow into the trial you can only expect an unfair system.

Nothing new.

SMR understands that this is not decided by judges or people like Shmarya but by Hashem.

IY"H Hashem will allow SMR out soon.

[Shmarya]

B"H

Yasher Koach to Beth and Rachel.…

Idiot.

You're congratulating a sockpuppet, someone who uses multiple online identities to deceive readers.

And by doing this you crossed a line.

For more than a year you have posted comments here that ignore every fact presented by others.

You even told me you refuse to read any court documents or other pieces of evidence.

Instead, you kept posting troll comment after troll comment with no regard for the truth, for the facts or for honestly interacting with anyone who brings evidence to prove you wrong.

I shouldn't have let you continue to do this but I did.

But now you're finished.

You cannot troll here and you certainly cannot congratulate someone who is caught sockpuppeting.

You're banned.

[Simple Jew]

B"H

ok thank you-- I think you are doing me a favor-- this blog is a waste of time.

At least you admitted you were wrong in the past.

[Shmarya]

Again, you consistently refused to look at the evidence, even going as far as refusing to read one of Rubashkin's own briefs because the information in it proved you wrong.

Is this blog a waste of time for you?

Yes.

Why?

Because you lack the capacity or the willingness to learn.

[Hometown Postville]

So do you think they have finally raised enough bribe money to bail SMR out this time? He's had plenty of time in the pen to research his next enterprise to pay everyone back!

[FirstGenerationBavarianAmerican]

As I understand it, the big hurdle to get over here is getting the Supreme Court to hear your case. A quick read of recent news stories about Mr. Clement indicates he has been involved with quite a few cases before the Supreme Court after leaving the Bush administration. We don't know if Mr. Clement decided to take this case because he believes some sentences are excessive, because he got snookered and believed the fake stories planted out there about the "biased judge", or he just wants to the money. But if the court takes his case without a brilliant argument proving some of the sentences meted out under the sentencing guidelines are unjust, well, its time to see if the folks at the Supreme Court (not necessarily the justices, but the gatekeepers) are getting co-opted just like the drug companies are co-opting far too many doctors.