US Supreme Court Releases Orders List – Without Rubashkin's Case

The new list of orders from the United States Supreme Court was just released a moment ago. It lists cases whose Writs of Certiorari have been accepted. Rubashkin's case is not on it.

Sholom Rubashkin

This should might mean that SCOTUS is not taking Rubashkin's case. But we won't know that with certainty until Monday when the rest of the orders are released.

Here's today's list of new orders as a PDF file:

Download SCOTUS 092512zr5bc9

Comments

[WoolSilkCotton, rock star and sports superstar]

So far so good!

The real issue put before the Supreme Court is whether Toyrah yidden are allowed to lie, cheat, and steal from goyem and nonreligious Jews.
The US Constitution clearly protects the right of frumma to steal from whomever they want.

[Office of the Chief Rabbi]

This certainly puts a damper on the discussion. On the other hand, it allows for the growth of the hagiography surrounding SMR, for more movies, songs, speaking tours, and declarations.

If you davven with Habad on YK, watch for an addition to Eileh Ezk'rah.

A gut'n kvittel.
גמר חתיכה טובה

[FMFan]

Shmarya, why do you tolerate this troll on your site.

Did you know it affects how Google sees your site?

[flat earth]

And a big fat BaaabaaBOOOOOEY to Rabashkin, you got what was coming to you.

[Devorah]

YES!!!!!

[norm]

While its reasonable to assume that since the case was on yesterday's conference and the petiion was not granted that it will be on the denial list its not 100% certain but very very likely. As I said yesterday. SMR's claim is that he as been treated unfairly, not necessarily illegally. Those type of cases are rarely taken by the Court.

I've asusmed all along that he next step for his supporters will be to try for a pardon or commutation. The way I see it, assuming that Mr. Obama is re-elected, he could grant the pardon or clemency without any politcal fallout near the end of his second term. Thus, I think we will see the SMR's supporters who generally come from a group that has been questioning the president's support for Israel pleading with Mr. Obama for mercy.

The way I see it, if Mr. Romney does get elected he won't have the cover of being a lame duck to to take action until the end of his term(s)

And yes, I do draw a parallel to President Clinton's pardon of Marc Rich.

With his chance of review by the Supreme Court down to a glimmer his only two avenues of relief are through POTUS or a claim of ineffective counsel. The latter is a tough row to hoe. One might second guess trial counsel (but we really don't know what advice was given). However, it certainly doesn't seem like he had ineffective help. Nevertheless expect such a motion to be filed in the few months.

Lost in all this is that a major leader in the Chabad movement defrauded a fine gentile family (the Dierbergs) in St. Louis which is charitable with its own money and Chabad is only worried about its leader.

Since no one else has said it:

"Mr. Dierberg, I don't believe in collective guilt, but I'm embarrassed that a member of my tribe, albeit from a different clan, harmed your family. (And no I don't represent First Banks!)

Where are Abe Foxman and David Harris? Or do they continue to remain quiet when leaders of Jewish organization do bad things. Bad things which only foster anti-semitism.

[JK2]

Thank you, norm, for your legal expertise. And I echo your comments to the Dierberg family.

I have followed this case, and I still am not clear where all the money to support it is coming from.

[simple jew]

B"H

The money comes from people who want to help.

Frum jews are very charitable.

Reminder its erev YK for everyone.

Be smart. Our neshamas are on the line.

[LEIBUSH]

Gentlemen

Rubashkin committed crimes that fair minded people would say deserve punishment. I do not believe the sentence was appropriate to the crime. When prosecuters decide to make an example of you they are not motivated by justice. They are motivated by base, loathsome motives that are foul, corrupt and vengeful.

I am perturbed by the viceral, mean spirited comments that on this site that takes pleasure , satisfaction and seeks to justify the tribulations of this man.

Where is your compassion, Jewish or otherwise? Were is your humanity? A man and his family suffers while you smuggly gloat and pontificate about his tragedy.

Yom Kipper is a time for introspection. Look into yourselves and find compassion for The Rubaskin family. The Rubashkin tragedy could befall anyone who the system decides needs to be made an example of. Pray for him and work for a modification of his harsh and unjust sentence.

Perhaps, through this effort, you and your families will find the compassion that you pray for from the Master of Us All.

Leibush

[Eli, what me messiah?]

norm, kudos on the continued legal commentary.

JK2: I keep asking the same question. this appeal is costing big bucks. I'm guessing hidden family accounts + Chabad slush fund.

[Eli, what me messiah?]

by the way, if you want to see some heavy denial right now...

CHInfo has nothing posted on the failure of the Court to announce today whether they were accepting cert. just a link to a FoxNews segment about the "documentary" on SMR and an interview with his lawyer.

it is beyond me why even CHInfo uses pictures of SMR in which he looks like a lech or a thug. can't they photoshop him into decency?

[rubashkin will not be retried]

are they still 'thinking about it '......

it's gonna take them a while to release a decision .

or, they do not want to shock rubashkin's lawyers with a quick decision for fear of a reaction . the realease ofthe decision will come smoothly .

my opinion is that after reviewing how many courts of laws rejected rubashkin's appeal . the supreme court will have no choice but rejecting it, too.

the record of previous courts decision is important .

rubashkin's case is overwhelming .

@LEIBUSH, you make me sick .
'find compassion for SR family' ?....compassion for an organized crime family ? you are sick .
'pray' for a sociopath who has no consideration for human life !
'unjust sentence '? he got away with his first trial . sh rubashkin should have had
30 years for his first trial , PLUS the 27 years, WELL EARNED for his 2nd trial .

57 years in all . that would have been fair .

or life in prison without parole .

[cutitoff]

By denying cert, SCOTUS re-affirms that wearing a black hat and having a long beard are not licenses to do bad things.

Reb Rubashkin, move on. Make the best of it and do some kiruv in prison.

[Flatbusher]

It is right before Yom Kippur and we stand before the ultimate Judge and beg for leniency as we are all guilty as sin.

Can't SM Rubashkin be deserving of some leniency on his 27 year sentence?

[leibush]

Dear Rubaskin Will not be Retried

What psychotic obsession you must have to base your identity on Rubashkin. Did he do something to you personally? What happened during your formative years that you channel your anger towards another with such hate and venom. Look into a mirror. What do you see? Its not something to be proud of.

Leibush

[JK2]

I'm guessing hidden family accounts + Chabad slush fund.

Posted by: Eli, what me messiah? | September 25, 2012 at 12:29 PM

Makes sense. But I would think he would have Chabad's support only as long as he is considered an asset to them (as the multinational corporation they are). He's bad for the brand.

[Shmarya]

Makes sense. But I would think he would have Chabad's support only as long as he is considered an asset to them (as the multinational corporation they are). He's bad for the brand.

Posted by: JK2 | September 25, 2012 at 03:33 PM

What could be a whole lot worse for the brand would be Sholom Rubashkin's decision to help the feds untangle all his and his father's money laundering activities, which might very well include Chabad charities.

[dh]

Did the earth just move??

[Neighbor Girl]

CrownHeights.info now has a link to a Fox News segment. The filmmaker of Unjustified, the documentary about Rubashkin's case, and Paul Clement, a former US Solicitor General, speak about the case. To those of you asking for leniency, please visit Postville, Iowa. I have. There is no sign that any member of the Rubashkin family made any atonement. Several Yom Kippurs have passed since his arrest and trial. The social service agencies still deal with the aftermath. This month Agriprocessors is closed for several Jewish holidays. Workers receive no pay for those days. Come to the local food pantry and see what Postville is like.

[A. Nuran]

Leibush, be honest. You wouldn't give a damn about Rubashkin if he were a Gentile criminal.

[David]

I believe Rubashkin is probably a psychopath and will never repent or reform. His psychopathy is further enhanced by psychopath-like frumma arrogance, lack of respect for the law and a sense of entitlement and this makes it almost certain that if he gets out he will do the same or similar all over again (as long as he is young enough and capable enough).

Unfortunately, it is not a crime to be a psychopath and people cannot be locked up just for being so (I wish they could as they are a danger to society even when they don't break the law or get caught doing so). It is now beleived that psychopaths can never be reformed as they have different brain architecture to normal people.

Having said that I believe he was correctly sentenced in accordance with the law and the sentencing guidelines but it is the sentencing guidelines which seem to be wrong.

I think a more appropriate sentence would have been around 10 years plus the extra two the judge gave him for perjury. Still a severe sentence and giving him enough life left to reform if he was capable of reform and not a psychopath (but as stated, it is not a crime to be a psychopath so that cannot be taken into consideration).

[R. Wisler]

David,
I don't think that mental illness is a factor here. Rubashkin is a member of a sect that instills a sense of fanatic self-righteousness and self-centeredness. They have nothing but contempt for anyone or anything that isn't part of their sect.

Rubashkin can and will NEVER apologize since his belief system would never allow for such expressing sincere heartfelt regret to the non-Lubavitch world. It's a classic example of Orwellian thought - that the behavior of this cult behaves in a diametrically opposed manner to what it preaches publically.

[1234]

Avinu Malkeinu, sesom piyos mastinieinu umekatrigeinu!!!

[dh]

David, I think someone broke fast by eating your brain.

[rebeljew]

The Court has often said that it is not there to right unjust judgments but to be a force for examining the legality and consistency of law (my own paraphrase). Even if Rubashkin were 100% railroaded and everyone knew it, SCOTUS might not give it Cert. The court has not traditionally seen that to be its role. That is one reason that the court is appointed, rather than elected.

I truly feel sorry for SMR. He was at the core of snowball, reinforced in a bad mindset by years of success using that mindset and trapped in a self supporting echo chamber which further reinforced it, and he was buried before he knew what was happening. He clearly bungled things openly and took bad advice that common sense would have rejected if he were truly manipulative. At his center, I believe there is a well meaning heart. But Chabad preaches intellect as well. It is a tragedy really, becoming a victim of new harsher sentencing guidelines. (Not an injustice necessarily, but a tragedy nonetheless.)

[rebeljew]

Leibush, be honest. You wouldn't give a damn about Rubashkin if he were a Gentile criminal.

Posted by: A. Nuran | September 25, 2012 at 09:27 PM

Nor would you Nuran

[WoolSilkCotton, rock star and sports superstar]

RebelJew 8:29, if that is so, then he could have negotiated a plea deal and/or told that to the judge, asking for mercy, admitting to wrongdoing under the circumstances you describe.

But instead, he was in-your-face all the way. There was no question of mental competence. We can speculate about his mental state, psychologic issues, etc., but at the end of the day he is responsible for his own actions. And when you come off as a recalcitrant in-your-face prick unwilling to admit any wrongdoing, you can expect to get the book thrown at you.

I suspect, RebelJew, you are picturing yourself in his shoes, and since you have a sense of decency and a sense of right vs. wrong, you cannot fathom the criminality of SMR, who clearly does not share your senses.

[Bernie Cohen]

All the anti-Rubashkin comments are incredible in their self-righteousness. I a not a supporter of this man. But this sentence like that of Pollard are beyond the pale - and guided not by justice but by the apparent desire to show the "damned Jews" who really runs the world (as if we needed such a lesson). Perhaps the Court has sent this back for an evidentiary hearing as to the facts supporting the sentence, or for a number of other legal reasons raised by the defense that do not have sufficient factual findings for SCOTUS to rule on. We will know Monday. As Jews we had best hope for some justice this time.

[Joe Field]

Posted by: Bernie Cohen | September 27, 2012 at 11:36 AM

You right, the whole sentencing guideline is a rouse, its all just to get the Jew, all other people who serve prolonged sentences, was only because they (goyim) knew that on day Rubashkin will defraud his bank to the tome of 21 Million dollars.

As for the sentencing guidelines SCOTUS previously ruled, that because the guidelines is not mandatory just guideline, therefore, it is legal. If you have a beef with the guidelines, contact your congressman that is where changes starts. And I will bet my last dollar when others received excessive sentences you didn’t give a shit

[WoolSilkCotton]

Mordecai Samet also got a 27 year sentence for fraud. How come the frumma aren't so excited about Samet anymore?

[FirstGenerationBavarianAmerican]

I looked at that video clip off Fox Business Channel featuring Paul Clement talking about the Rubashkin case. He spouted that line about the 27 year sentence, "two years more than the government asked for". Now either this guy has no code, or is just a "compensated endorser." Of course fair and balanced Fox did not have anybody with a opposing view. By the way, ol' Rupert's sleazy media empire has really been beaten up over in the UK lately.

Then there is a freelance piece in the "prestigious" National Law Journal by some not-quite-tenured professor about why the Supreme Court should hear the case. This woman was educated in NYC and lives in LA and nowhere mentions the number of judges in the district court where the trial took place. Since she does not mention the issue of conflicts of interest in rural US court districts with a low number of judges assigned, you know she is also writing freelance amicus briefs. Tripe.

[devora-torah]

to r wisler---wise words indeed. there are frummer who put on a talis each morning and daven, but their hearts are impure , they beleive they are beings of a higher order and are untouchable. after this , gross pride , comes the fall.

[norm]

Petition for Cert was denied this morning. Justice Kagan took no part in the decision presumably because she was Solicitor General when the events took place.