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October 01, 2012

Sholom Rubashkin Supreme Court Bid Denied

Rubashkin closeupFormer Agriprocessors VP Sholom Rubashkin's petition to the US Supreme Court for a Writ of Certiorari has been denied.

 

Justice Elana Kagan recused herself from the decision against Rubashkin, most likely because she was the attorney who argued the government's side in a previous Rubashkin appeal to SCOTUS over bail that Rubashkin lost.

Here is the new SCOTUS Orders List as a PDF document:

Download US SUpreme Court Orders List 10-1-2012

Shmarya will probably comment on this Tuesday night after the holiday is over.

Happy Holiday,

Christine Peterson

Comments

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Docket number 11-1203, spending the millions of dollars didn’t get more than two words “CERTIORARI DENIED”, which Rubashkin shared with a few thousand other petitions.

The 1st question begets, why didn’t Rubashkin plead guilty and show contrition, I remember that before the trial Rubashkin was offered 12 years. The answer is not that Rubashkin believed he is not guilty, he knew that he defrauded the bank; he thought he could bullshit his way to a not guilty verdict. How could a sane person believe he would prevail in the face of a mountain of evidence, he must be a megalomaniac, meaning Rubashkin has a psycho-pathological condition characterized by delusional fantasies of power, relevance, or omnipotence.


The 2nd question begets, why would tens of thousand of orthdox Jews pour in millions of dollars to defend this megalomaniac? This answer is not complicated, if you peal away all preconceived notions, you will concluded that religion is the culprit. Just for one moment open your mind, when you hear another Jew befell some bad situation, it hurts much more than just another human. Regardless if the Jew is from a Middle Eastern county or not, the common denominator is the religious affiliation. Religion will blind their followers into defending the undependable. When it comes to taking sides religiosity will automatically numb you brain to the real facts of the case.


The 3rd question begets what we can learn for this shameful episode? First, if you don’t want to do the time don’t do the crime. Secondly, if your are caught, have a real discussion with your family, if you should plead guilty, not people who have a vested interest in prolonging you case, i.e. lawyers and the leadership in your community. Theses leaders always need something which would help to consolidate their power, nothing would be better than if one of your own is thrown in prison for a prolonged time.


In conclusion, we Jews are not different than any other religion, using every method to control its flock. The days of enlightenment has passed, people who leave the community seldom look back to help others who are still trapped, as the OTD Jews before the holocaust did.

See you in 50 years..... you thief.

Joe,
Thanks for your comment. I don't think that Mr. Rubashkin is psychopathic or whatever. He simply is practicing the Russian Jewish characteristic of utter stubborness to other people's (especially gentile) wisdom.

I have worked with Russian Jews during my tenure at Microsoft. They would bring an unacceptable solution to the table and then REFUSE to alter their position, even when proven to be utterly wrong.

Chabad's Russian roots also display this type of psychology. Once they've made up their mind, whether against Torah, against the law of the land, against their benefactors or whatever, they will not budge or even consider wisdom from others.

This is why this totally-against-Torah messianic movement within Chabad has been allowed to flourish. This Russian mentality PROHIBITS them from wavering, even when the leading poskim and rabbinical leaders tell them that this their messianism is a Chillul Ha'shem and makes them utter heretics. Even those who are in control of Chabad cannot quash this evil because of this Russian stubborn mentality.

Rubashkin learned this Russian mentality in his home and in his yeshiva upbringing. He COULD NOT admit guilt to anyone and COULD NOT accept the advice of anyone who told him to admit his guilt and take the easy 12 year sentence. In this case, his upbringing and his society of Russian behavior led to his destruction.

I do not have any rachmanus for this man. He had the chance to pay a fair sentence for his crimes, but refused it. Now he's stuck paying the price.

Well, that's over.

Like most "cert denied" decisions, it's not getting much press. Other than Reuters, it's mostly getting coverage in newspapers that serve Iowa. Including "Meat and Poultry".

Not surprising. This is the sort of case the Court routinely passes on.

"Back on the Rubashkin front, it will be interesting to see if the many prominent persons who were vocal in their complaints about the prosecution and sentencing of Rubashkin will to turn significant attention and energies toward a 2255 petition (or a clemency application) now that the Supreme Court has decided to take a pass. (The nature and process surrounding a 2255 petition in the Rubashkin case could be especially interesting given that a 2255 petition is typically to be filed with and considered by the district judge who originally presided over the case and that a principal claim by the Rubashkin defense if that the district judge in Iowa who presided over the trial and imposed a harsh sentence should have been recused because of her involvement with the prosecutors concerning pre-indictment matters.)"

http://goo.gl/VE2yQ

1. The denial of cert was no unsuspected. However it not correct to say that this is a routine case. Few cases have so many heavyeights on the petition and amicus briefs.

2. A 2255 petition is to be expected but those are even longer shots that petiions for cert where trial counsel isn't simply a moron. Here one could second guess trail counsel if one knew what advice he gave the client but its hard to imagine soemone comign up to the standard for a sucessful petition.

3. The only real avenue is from POTUS. Again I suggest there will be numerous contacts to Mr. Obama and the next real window will be at he end of his likely second term.

Don't do crime
If you do crime, don't get caught dead to rights
If you get caught dead to rights, take the plea
If you don't take the plea, don't lie to the Court
If you lie to the Court, show some remorse
If you don't show remorse, cooperate and make restitution
If you don't cooperate and make restitution don't be surprised

Posted by: R. Wisler | October 01, 2012 at 01:43 PM

I don’t believe that not pleading guilty is because he is inflexible, and I cannot assume that because someone is from Russian decent that would preclude him from using his faculty, and take the deal. Additionally, judging behavior by nationality is racisms.

The only answer is Rubashkin himself is the problem, and the community is using this megalomaniac problem as prove that, you cannot be part of the outside world.


Norm, it could be argued that all the different amicus briefs, was Chabad flexing its muscles.

Joe Field 4:36, I agree.

There are a lot of Russian Jews I know who are kind decent people. Maybe a little stubborn, but that's ok, and they are not criminals.

Rubashkin, and a lot of his family, are filthy criminals. There is something seriously wrong with that family. We can speculate as to why, but it's not worth bothering to do so.

Chabad, and all frumma, seem to relish the role of being victims; it keeps their leaders in power, as they try to keep their brainwashed followers isolated and under their power.
And Chabad loves flexing their political power. This time they failed miserably.

Chag Sameach

yay! moschiah is not on his way . that's for sure .

chabad should know that money cannot buy everything . not even if they have millions to afford the the top laywers .

chabad should also know that the secular law is the law , the real one and for everyone . no exception . we are not in russia , here . this is america , the real !

BECAUSE AMERICA IS FAIR , this multiple felon , sholom rubashkin ,was given an option . a guilty plea , with 12 years of jail term . he would have only served 7 years and be free . or a trial .

because he is an idiot and does not have any secular education , ie he does not have any idea how things work in the secular world . he made a big mistake by choosing the trial . he is now sitting in his own mud , stuck in jail forever .

no pity for him , bc he laughs at the law .

it is our turn to laugh at him .

one last thing i wanna say . as long as there is chabad , lawyers will never get out of business . they will thrive .
there is business for every lawyer .

@shmarya,

could you post the result of the sentencing of mendel yosef levitin , the real estate fraudster from connecticut .
he was supposed to be sentenced in september .

does anyone know ?

Posted by: dd | October 01, 2012 at 05:36 PM

I disagree with your point that because Rubashkin didn’t have a secular education he didn’t understand the ramifications between pleading guilty, and a finding of guilty by a jury. He was smart enough to orchestrate a 27 million dollars fraud.

because he is an idiot and does not have any secular education , ie he does not have any idea how things work in the secular world . he made a big mistake by choosing the trial . he is now sitting in his own mud , stuck in jail forever .

Posted by: dd | October 01, 2012 at 05:36 PM

He might well be an uneducated Chassid but he did employ lawyers who should have known what to do and known that it was a "no brainer" to accept the plea.

@Joe Field,
you don't need to have a secular education to be a fraudster . as a matter of fact, religious ppl are very successful at frauding . they are # 1 on the list .
they are very crafty into frauding a lot more than secular educated ppl who know the dangers and consequenses of frauding .
haredi who fraud don't know they can be caught very easily . that's where they fail.
when you see a wealthy haredi , you know right away where he made his wealth from .
from fraud. and they all do .

@david ,
as chusid he was and as non secular educated he was . he had to hire lawyers and accountants to run his SECULAR BUSINESS .
his lawyers repetitively forbade him from continuing to do what he was doing . but did not listen to them .
he listened to his stupid self .

Ah, quelle surprise.

I wonder how many smug "I'll be home for [insert Yom Tov here]!" letters had been sent out to his cabal of willing idiots.

I wonder if he's got a sukkah in the grounds of his current digs?


Chag Sameach everyone!

Shmarya has a yontif goyette? How bizarre!!

Shmarya has a yontif goyette? How bizarre!!

Posted by: Office of the Chief Rabbi | October 01, 2012 at 10:52 PM

I was thinking that too.

Posted by: A. Nuran | October 01, 2012 at 04:12 PM

That about sums it up!

no light:-chag smeach to you> dont under estimate ALEPH the do gooders from chabad. they not only assist with religious devotions for the jewish incarcerates, they smuggle out instructions from inmates to the inmates families.You are dealing not only with chabad rabbis but they are probably trained in the rudimentary arts of spying on behalf of their beloved jewish bretheren. oh happy chag oh unhappy the fellons.

Rubashkin got screwed, and it's a shame SCOTUS doesn't care when federal judges are in cahoots with the prosecutors. He wasn't convicted on any of the charges that served as the grounds for the raid that closed his plant; he was convicted for make false statements on some bank loan applications, something that never bothered the banks (he always paid back on time, with interest, until the government raided his factory and shut it down for the non-crimes for which he wasn't convicted). This is a case of the government being guilty ratzachta v'yarashta. The judge wasn't unbiased, she directed the prosecution, and at the punishment doesn't fit the crime. Should he sit in jail? Yeah, but not for the time for which he was sentenced, and not by virtue of a corrupt trial process.

So is it finally over?
Does the Chabad Crook of Crooks now serve his 27 years and that's that?
I read above there is a '2255', but that seems likely to fail. "Is this the end of Rico?"

http://www.youtube.com/watch?v=FEiOjH0v0oM&feature=player_embedded

I figure they will now start extra ass kissing with politicians to try to get a presidential pardon; considering how the frumma insult and deride Obama on all their websites, and how they openly declare their loyalty to the Republicans, it seems like they need to start kissing Obama's tuches fast and furious.

How much money could they possibly 'donate' to the Democratic Party in order to get a pardon, like the Squarer Mafia Rebbe did with Hillary?

The important thing is that despite the tons of money wasted and favors called in on behalf of their Uber-Crook, the Supreme Court brushed it aside like an annoying mosquito. There is justice in America after all, and you cannot buy justice, although I doubt that the frumma will ever recognize that fact.

Just before leaving the house yesterday, I checked the Supreme Court website and found Rubashkin's case was denied. I thought about the verdict all day, and see several others have already posted some of my own opinions on the matter.

I was curious to see if the Supreme Court justices and their support staff, from their unique vantage point, saw a problem with compounding of charges and long prison terms for white collar criminals. Apparently, current law permits that.

Yesterday at 10:31 AM CDST, Jens Manuel Krogstad, who had been covering this story for years, posted the verdict on the website of the Des Moines Register. A lot of people who were victims of Rubashkin probably went "YESSSSSS!"

The wire services put Paul Clement's name in the story. Now we know why Lewin brought in Clement. No headlines to scream "Lewin loses another Looney Tunes case".

Posted by: I call it like I see it | October 02, 2012 at 08:41 AM

no he did not, but many people in his type of situation did including him.

his mistake and chabbad and many religious Jews was, making it about him and not the sentencing guidelines

however this is not shocking since they really only care about themselves and no one else

++ I call it like I see it | October 02, 2012 at 08:41 AM++

And here come the trolls, even on Yom Tov, still chanting the same lies and distortions for their hero, the Chabad Crook of Crooks.

Guess what, I call It, your filthy lies didn't work, and it's over. So just keep telling yourself the same lies over and over forever. It helps to reinforce your ghetto isolationist mentality. It keeps your filthy rebbes in power. Everyone is an antisemite, everyone is evil, we need Moshiach, blah blah blah.

The two most beautiful words ever seen on FailedMessiah:

CERTIORARI DENIED

Shmarya, do you have any control over what words Captcha uses when we try to post?
If they used words like Jesus or God, the frumma trolls could never post again.

Posted by: WoolSilkCotton, rock star and sports superstar | October 02, 2012 at 09:20 AM

He didn't have enough bitochon.

Sholom Rubashkin vs. The United States of America.

That's really it on so many levels.

And the United States of America wins!

I also think it has to do with the Chabad attitude to society and to goyim, other frum crooks when they get caught they lay law try to negotiate with the prosecutors and spend their few years in Otisville peacefully.

Rubashkin on the other hand had to go head to head with the government, made a party when he got out on bail and broadcasted it online.

I wonder if consulted the Igros before he did his stuff.

In a few more weeks (erev Halloween) it will be the 4th anniversary of the Mountain Dew Party!

http://www.crownheights.info/index.php?itemid=14011

Posted by: WoolSilkCotton, rock star and sports superstar | October 02, 2012 at 08:53 AM

I couldn’t say it better.

In a few more minutes, all the frumma trolls and Rubashkin tuches lekkers (I would have said lickspittles, but I promised DH not to use that word anymore)will return from Yom Tov and see the news.

They are going to plotz!

Shmarya has a yontif goyette? How bizarre!!


Posted by: Office of the Chief Rabbi | October 01, 2012 at 10:52 PM


Shmarya has a yontif goyette? How bizarre!!

Posted by: Office of the Chief Rabbi | October 01, 2012 at 10:52 PM

I was thinking that too.

Posted by: Michael from Lakewood | October 01, 2012 at 11:22 PM

How bloody rude!

It isn't necessarily over, yet. SMR can file a petition for a writ of habeas corpus. This allows him another bite at the apple, and with a different federal judge. Of course, 80% of all habeas petitions are thrown out on the pleadings, but this will be the next step.

Baabaaabooooey

Rubashkin reaps what he sowed.

WSC - They probably heard the news on Yom Tov from the "goiy" they hired as they believed the news would be joyous.

They are plotzing now, but doing so silently, because they don't have much to say - except what "call it" said above - which is basically "It's the goiyim's fault and it's Antisemitism!"

Too bad they didn't use all those millions to pay restitution - that would have gotten SMR out earlier and been the right thing to do.

Effie - what is the upshot of what you wrote? Could you explain it for the non-lawyers among us? Thanks.

And other lawyers here - can you please explain for us laymen what SMR's options are at this point? Thank you.

The sad thing is that while he is guilty of financial impropriety and deserves prison time most people believe that the sentence does not fit the crime - all except the judges themselves! They are so into themselves and the cloisted system that they live in that they fail to understand and are so disconnected to "feel" when justice was not done fairly. The system is broken and they don't see it. Sad.

Its sad that any Jew would celebrate a nonviolent Jewish offender going to jail for so long. SMR was stupid and bucked the system and got screwed. But the sentence is a tragedy on so many levels.

Abracadabra,

This calls for a very specialized form of expertise, i.e. appellate criminal defense work which not many attorneys do and alas I am not one of them although I am a lawyer.

I would tend to think, however, that if the Supreme Court denies certiorari on Monday that you are NOT going to have any kind of relief (habeas, 2255, etc.) on Wednesday in the absence of a dramatic change in the law or the facts.

Now, on a not more in keeping with the usual spirit of the commentators, when will Chabad collect to find DNA evidence of the real criminal?

B"H

First of all to all you BS artists saying he was offered 12 years before trial where is your proof? This is a lie only repeated by anti frum anti Rubshkin types.

By repeating that lie so many times you may get some to believe it.

Blima: No one, not even Shmarya, believes the sentence was fair. However, it was within the law. And unfortunately, that is all the courts will review, except under very unusual and extraordinary circumstances, which depend more on luck than any particular issue of fact or law. And I don't think this counts.

Wigmore: You are probably right that SMR will not get any further relief, but this doesn't mean his lawyers won't file a petition for habeas corpus. Most likely, it will be shot down, but they'll still file.

I believe Rubashkin's decision to go to trial hinged on getting the Rebbe's 'answer' via this route.
A book of the Rebbe's letters is allowed to randomly open There the open page is believed that the dead Rebbe 'selected' for advice concerning the current situation.

True golden g-d idol worshipers!

Doesn't matter what legal council says or anything!

I truly believed Rubashkin is being punished by ha-Shem for his cruelty towards workers and animals--if you are not a believer maybe you believe in Karma?
and Karma can be a bitch.

Rot in prison you reincarnation of a white slave plantation owner!

@Simple-minded Jew:
Rubashkin was most definitely offered a plea bargain. Stop lying.

http://usatoday30.usatoday.com/news/nation/2009-11-13-slaughterhouse-guilty-verdict_N.htm

Al Capone went to prison for 11 years just for income tax evasion. A little harsh? No, because that's what they do when they know you are a filthy crook who is guilty of much much more.
When you lie, cheat, steal, and screw everyone in sight, and all the other crimes including animal cruelty, pollution, immigration violations, etc., and the in-your-face attitude of screw the legal system, it is no surprise they threw the book at him.

He deserves every minute of his 27 year sentence.
He could have pleaded guilty, offered restitution, cooperated, etc., and gotten a much lighter sentence, maybe even less then the 12 years if he had cooperated early on.
But the chutzpah of this brazen piece of filth prevented any such deal. And so, let him rot for the full 27 years.

You don't think every judge, including the SCOTUS, was aware of the harassment that Judge Reade was subjected to by the Rubashkin Fan Club? You don't think that played any role in the SCOTUS thinking?

First of all to all you BS artists saying he was offered 12 years before trial where is your proof? This is a lie only repeated by anti frum anti Rubshkin types.

By repeating that lie so many times you may get some to believe it.

Posted by: simple jew | October 02, 2012 at 08:09 PM

This is a good example of your complete blindness to the facts.

I broke the story of that plea bargain.

A slew of people denied it.

And then a day or two later, Shea Hecht admitted it to the JTA, if I remember correctly.

And then it was confirmed by other media outlets after that.

But you have repeatedly ignored every mention anyone ever made about it, just as you ignore so many other facts of the case.

You have a mental illness.

of course it was rejected.

anyone know why this entire tragic event happened in the first place?

with the lack of achdus between people in klal yisroel there is no way for Mashiach to come. NOW is the time for each person to change his ENTIRE attitude in life between each other & bring achdus back to klal yisroel.

18 months after Rubashkin was arrested, Rubashkin told someone who came to visit him. Maybe this is why i am here (in prison) klal yisroel has not gotten together as ONE nation, & in order for Mashiach to come Everyone needs to be one. (no matter what level of yiddishkeit each person is on) & if you know Rubashkin Personally, you can see why Hashem picked him to be the Shliach for klal yisroel. Rubashkin is a person of faith & trust in Hashem, with Boruch Hashem his Big Family & many other big issues besides the case he’s in now he is a person on a very high level of Bitachon & emunah in hashem.

at the same time that klal yisroel was coming together to raise funds to help rubashkin (when the case started) a similiar event was happening in Eretz Yisroel. can you still remember? the case of the schools in Emmanual with not taking in children… & not wanting to go to a sefardic school etc… & WHAT HAPPENED at the end? ACHDUS. the parents stood up for torah & 500,000 people-including the gedolim of eretz Yisroel-walked them into prison.

BOTTOM LINE: when achdus returns to klal yisroel, then we will not need rubashkin & http://www.freejacobnow.com etc… to remind us of the lack of achdus & mashiach will be here already

may mashiach come ASAP & may everyone have a gutten moed

It ain't over yet

Remember that Israeli Arab that they are trying to extradite from Israel?

Well JUST in case Obama is defeated and does a bunch of pardons [Rubashkin]-this is waiting in the wings to get Rubashkin all over again when the [new?] President takes office again.

They will make that Arab SING against Rubashkin. Give that reincarnated white slave plantation owner some more years in prison.

Posted by: mashiach agent | October 02, 2012 at 09:08 PM

You are right Rubashkin and Jesus suffer for our sins.

mashiach agent...

So God plays tricks on men? He puts Mr. Rubashkin in jail for 27 years to cause Israel to unite? Unite in whose belief? Those who live their lives like Rubashkin? Those who exploit their workers? Those like Cunin who steals property from the elderly? Those like Schneerson's (may his filthy name be spat on and damned forever) "shloochim" to Australia who cause misery to abused children? Please explain under whose unity Israel should flock?

You want achdus, perhaps you should start with the hareidim....

An example: I was walking my dog today in my neighborhood in South Bend. My gentile and non-hareidi neighbors waved and said hello as is usual. As my hareidi neighbors left their "kollel" all they did was stare straight ahead and look past me in their filthy arrogance.

Your wish for "achdus" starts with the way that hareidim treat each other and those who don't believe as they do. What's more likely is that your sham hareidi religion is a fake belief and God disapproves of its corruption of His Torah with its invented regulations that disgrace the Torah that he gave to the Children of Israel.

Be still my heart. A moment, please.......
....... from sea to shining sea!

Thanks, had to finish that. [eye dab]

It's not that Rubashkin is a megalomaniac or any kind of maniac. It doesn't matter whether he is smart or stupid. It's that these ppl are held prisoner in the Chabad strait jacket and never even get close to opening the Critical Thinking Door, let alone the U. S. Civics Door. They have no foundation to entertain anything other than their own base needs. If they give to others, it is for their own self aggrandizement or we wouldn't know anything about it.

They have no clue what I'm singing, why I'm singing it and no attendant patriotism, respect for rule of law or, gasp! humility. They are not taught it and they don't teach it. When daddy goes to prison for illegally bankrolling non kosher meat they shove down our throats with the blood of child labor helping it slide down, all they learn is that daddy is a hero. Who is there to teach them right from wrong? Daddy? Zaide? This is the fingerprint of a crime family and the path of a culture that encourages infantile thought.

WSC - I guess I should have made you pinky swear.

Over yom tov I was reading Bloom's POSTVILLE - the book that put Agriprocessors on the map for most people. Just wondering if anyone has considered how Bloom's portrait of Rubashkin and his community sheds light on how he evaluated his plea bargain/trial, etc. Any thoughts?

Anyone who uses the word "frumma" [as a means to differentiate his or herself from religious persons--especially while posting on shabbat and yom tov]--has no credibility concerning the religious elements of these matters, and lacks a degree of self and/or situational awareness that is necessary for adult conversation.

There are 50k Chabad Chasidim. They should all move to Florida or ohio so a bloc vote can influence a presidential election. That's rubashkin's only hope. Poor guy, he's trapped inside for the next 25 years.

Millions of dollars spent by Chabad to seek cert. But what's the real cost to the cult?
Let's say $6 million (conservative estimate) was blown on this campaign. That's the equivalent of 1,000,000 bottles of cheap vodka. If on average it takes at least 10 bottles to keep someone inebriated enough not to panic and flee when they mention the part about the rebbe being the messiah, that would be 100,000 BT's sacrificed for the cause of Rubashkin.
I can live with that.

By the way, I think WSC's anti-troll idea of using God and Jesus as Captcha words is brilliant. Some more ideas for Captcha. Start with the usual forbidden words: church, pig, pork, shellfish, iPhone
And then combinations:
naked lady
naked rebbe
sleeveless dress
exposed cleavage
independent thinking

SCOTUS rejected Rubashkin's cert without comment. Isn't there something wrong with this? Shouldn't a court paid by our taxpayer money explain why it denies certain cases?

TO: RUBASHKIN CRIME FAMILY

CERTIORARI DENIED

27 YEARS

Na Na Na Na Na Na Na Na Hey Hey Hey Goodbye

http://www.youtube.com/watch?v=jsaTElBljOE

SCOTUS rejected Rubashkin's cert without comment. Isn't there something wrong with this? Shouldn't a court paid by our taxpayer money explain why it denies certain cases?

Posted by: Simpsons fan | October 03, 2012 at 07:25 AM

Lets see.

The court gets thousands of cert petitions every year and traditionally rejects almost every one of them without comment and has done so for many generations.

And them some ignorant Chabadnik with a 2nd grade civics education doesn't like that?

Please.

Anyone who actually read the documents Rubashkin's appeal and his cert petition were based on can easily see that there was nothing credible to any of it.

The claims made about Judge Reade are unsupported by the documents, Lewin intentionally misquoted those documents and mis-attributed a quote to Judge Reade that is not her's, and the every legal claim made is exceedingly weak.

But when you have millions of dollars to spend and your have unethical attorneys like Lewin and Dershowitz and Guy Cook playing their games, people can be fooled.

And those legal experts and congresspeople?

I don't think any of them read the actual documents or the trial transcript.

They based their articles and their signatures on what Lewin and Rubashkin's paid reps told them.

Lies can only take you so far.

I think you can take it that SCOTUS accepted the governments case in its entirety.

Doesn't the Rubashkin Crime Family owe the taxpayers an explanation as to why so many members of that family are in prison, have lengthy criminal records, and have cost the taxpayers millions of dollars in investigations, trials, and prison?

Barry, the Supreme Court is a little like scholarship money. There are more students who need scholarship money than there is scholarship money. Some kids deserve it more than others. Same with the Supreme Court. They only choose to hear the most deserving cases in the space of a year. Maybe they didn't take the government's case in its entirety. But Rubashkin did not make the cut.

My first parody song

Tune is from:
99 Bottles of Beer on the Wall

26 years left to go
26 years left to go
Rot in prison for a year
25 years years left to go

25 years left to go
25 years left to go
Rot in prison for another year
24 years left to

etc

Shouldn't a court paid by our taxpayer money explain why it denies certain cases?

Assuming 1 hour per case - it would take an extra justice (appointed ONLY to write "reasons") 5 years to clear a single year's petitions...........

I've followed this case for many years and appreciated FM's coverage. I disagree with Shyamra's characterzation of the pleadings filed SMR's attorneys but understand his position which is not unreasaonable. He has a beter knoweldge of the facts of the case.

In sum:

SMR's crime was a not too uncommon case of a borrower defrauding a federally insured institution by falsely stating the amount of colalteral behind the loan. On a loan like this one, the bank agrees to lend up to $x on a revolving basis. But the loan can not exceed a certain percentage of outstanding accounts receiveable. To simplify things, lets assume First Bank's loan documents said it would lend up to $25m. but not more than 60% of the amount of accounts receiveable otustanding which were not more than 90 days old. Its very clear that SMR filed false collateral statements claiming that AG was owed more in receiveables than actually exisited. When First Bank sent in a Receiver the cupbooard was bare and full of phoney receivables.

If one reads the letter of the law his sentence, while seemingly unfair in length, is appropriate under the law. Its difficult to get a petiion for cert granted on the basis of policy or unfairness. (Its the conservatives who don't want Courts to make laws-just apply them and that's what happened here.)

The claim against Judge Reade seemed to factually stretch what happened and because it did not affect guilt or innocense was a very tough claim to make.

Judge Reade doesn't hate Jews, The Supreme Court (which now has no Protestants, six Catholics and Three Jews) isn't anti-semetic.

The end result of this prosecution is what would have happened to a not so infamous defrauder of banks with the exception that, as others have pointed out, one generally can get a shorter sentence on a guilty plea.

I continue to be bewildered by the comments here and on other sites about SMR's innocence.

I think the SMR case should be a warning to mainstream Jews and leaders about Chabad and its attempts to reducate Jewish kids and adults. It shocks me that mainstream Jews support Chabbad. Here we have not merely a bad apple in the barrel doign bad things, but a major leader of the movement doing a clearly bad thing but a leader defrauding genitles. Instead of being catisgated by Chabad he is praised as a Tzadik.

Had he merely been a local Chabad house leader in a college town who had done a bad thing, it would be one thing. But SMR is Chabad and Chabad is SMR. Think about that the next time you are asked to give to a Chabad charity or are schnored by your local Federation which supports Chabad.

SMR wasn't a victim of anti-semitism-he was, and is, a continuing cause of it.

It looks like the SCOTUS didnt have the merit of being the shaliach of Hashem fo free him. Hashem will free him another way.

Yeshuas Hashem K'heref Ayin

R wisler. I am Chabad and have been recently hurt quite badly by some of the so called Shluchim, but that doesn't make the entire movement bad. I will not apologise for the many Lubavitcher Shluchim who have done so much wrong, but there are many that have done right. You may not agree
with everything the Rebbe did and its in your right and everyone else's not to. But you can't blame him for every wrong that his Shluchim do. You wouldn't blame madoffs parents for his crimes or cyrpus's parents for his crimes. Same with the Rebbe, you can't blame him for all the wrong. I know that Shamaryahu is upset at the Rebbe for the way he spoke about the Ethiopians, I can't comment as I have never really looked into it, but I am sure that Shamaryahu recognises that even though he doesn't agree with certain things the rebbe did, he would also recognise that the Rebbe did do a lot of good as well. You can't discount everything because you are unhappy with part of a person. Show me one person in the world that is perfect.

Posted by: Shmarya | October 02, 2012 at 08:56 PM

SR son confirmed it on a kol mevaser Interview My guess is that if SR would have negotiated he might have gotten 7 to 10 years.

Shana,
Thank you for your comment. I have never been associated with Chabad, nor do I know any of them other than in passing aquaintences (I was raised in a German Jewish household). There is no Chabad presence in the city where I live. My comment here was in response to some idiocy posted someone who regarded Rubashkin's imprisonment as a "simin" that "achdus will bring Moshiach" comment. I grew up in the 1960's and 70' when Schneerson's "cult of personality" developed. Although he was well aware of it at the time, he encouraged blind devotion to his image. He could have put a stop to this evil cult-like devotion to his personality. I remember on a visit to Los Angeles when I was a teenager that the Russian shaliach would sit on Fairfax Avenue and sing "I want to be. At Seven-Seventy" and other such nonesense. Chabad homes that I've been in are festooned with pictures of this man hung where pictures of family are normally hung.

Schneerson, if he were truly a "man of God", could have easily spoken out to his shluchim and to those baalei tshuvas who were devotees of this "cult of personality" to STOP the evil worship of this man. He could have spoken out telling families to STOP hanging pictures of him on their walls. Schneerson could have STOPPED the publication of books such as "Ha-Rebbe" (a coffee-table publication from Israel which presented Schneerson in a messianic tribute). He could have stopped the evil idolatry that developed among the baalei tshuvas of the 60's, 70's, and 80's and left a legacy of devoted, educated Jews who did not separate themselves from the Jewish community at large and start a new idolatrous religion centered around a cult of personality. He could have discouraged evil men such as Feller and Zeilengold from stealing synagogues (as was done in St. Paul, MN) from other Orthodox Jews. But alas, he encouraged such evil and encouraged cult-like worship of himself. For this, he must be cursed and shown for the evil that he committed in his life. He must be cursed for the lives that his anti-Jewish evil teachings (which he taught under the guise of cute Lag B'Omer parades and giant Chanuka menoras etc) gave ruined. He must be cursed for the families that were broken up and ruined by his self-aggrandizment in his teachings.

Hi R Wisler,
I am not going to apologise for those that do wrong because indeed there are many who hold the Chabad banner and do things that are completely against Torah Law and bring huge shame on the organisation.

I am one of those who has a picture of he Rebbe in my house, but that is no different to anyone who has pictures of Gedoleo Hador etc.,

The Rebbe to me was an inspiration, father figure and he still is. I was a teenager when the Rebbe past away but I do remember how fervently everyone believed that there was no way the Rebbe could pass and moshiach was definitely coming. I have huge issues with this, but really the Rebbe was t well to refute what was going on.

Did people hold the Rebbe on a pedestal before he was sick yes, but maybe that is what caused them to create a revival amongst Jews from around the world. Maybe the only way the Rebbe could encourage people to go to such lengths to encourage yiddishkeit was through their love for him.

I don't think it is fair to blame the Rebbe for the fraudulent dealings of Chabad people. They made their choices and most certainly he Rebbe wouldn't have supported.

You have a right to be upset with the Rebbe, you don't have to think that he is perfect, no one is , but I don't think it is fair to disregard the change that the Rebbe had on so many of his people brought his Shluchim, one of which I am proud to be.

Dear R Wisler:

""Feller and Zeilengold from stealing synagogues (as was done in St. Paul, MN) from other Orthodox Jews.""

Could you elaborate please?
When I was there eons ago I really didn't much anybody else [other than Chabadniks]

Did the other Jews go where?

Isa

R Wisler, one of the first things that made me rethink my own involvement with Chabad (I was a BT in the 1970's-80's) was the Lag B'Omer Parade.
Masses of kids, marching with huge portraits of the Rebbe, resembled North Korea.
Even as a huge fan of the Rebbe, I felt that there was something very very wrong with this, as they marched by with those giant portraits in front of 770 as the Rebbe smiled and kept waving at them.

And he didn't see anything wrong with such displays, and that was a huge mistake on his part.
I agree with Shana that the Chabad movement did a lot of good worldwide to promote Yiddishkeit, and as long as he had his mental faculties and physical health he ran a tight ship and had a lot of excellent shluchim, but with his departure the quality of shluchim went down the drain.

Now you have young shluchim who are meshichist and who are not embarassed to say that to nonreligious Jews they meet. Now you have shluchim who openly support frum criminals, such as Rubashkin, Balkany, and cop killer Grossman. Now you have shluchim who lie, cheat, steal, con, molest, etc. etc.
The Chabad movement is petering out. A lot of their own FFB's are going to Chabad-Lite or even less observance.

Are you saying that when he was alive they weren't conniving money from widows or trying to obliterate non Chabad Jewish neighborhoods? Cunin didn't build massive multi million dollar estates?

CHABAD= CHARLATANS,AD INFINITIM.they have brought by their behaviour, calamity to the east coast that not even the annointed ones at lewin and lewin, will be capable of assistance to their chabadnicks

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