Document: New Sholom Rubashkin Appeal

Here's the new appeal Sholom Rubashkin filed earlier this week.

Sholom Rubashkin

Much of this appears to be a rehashing of his previous appeals, and what is not is largely based on the testimony of his friends, business associates and extended family members and carries with it all the caveats that entails.

The 2255 appeal as a PDF document:

Download Rubashkin Appeal 9-30-2013

Comments

[David]

Do they publish audited accounts of where all the money goes?

[jancsibacsi]

The more he is trying to get out of his situation,being in jail the deeper he is diffing himself into it.

[jancsibacsi]

Meant to write digging himself into a deep pit.,the jail.

[Wirbelwind]

After how many years is Rubashkin entitled to apply for parole?

Is it really possible that if he remains a model prisoner, that he will still be in jail in the year 2038?!

How many years will he realistically serve?

[jancsibacsi]

Wirbelwind--In my humble oppinion he should serve time until he pays back every penny he stole, case closed.

[Moisheb]

How many times could someone appeal ? I thought it was only once and he was shot down, Could any one fill us in on that ?

[m]

the motion 2255 will not work for sholom rubashkin . his case is overwhelming , his background too heavy and if he files in an iowa court of law , he will definitely loose . no doubt about it .
no way out , no way !

$ 1 million spent in waste . his lawyers are getting rich . yes, they'll take the case but won't tell rubashkin he has no chance . on the contrary , they make him believe the opposite .

[dh]

I'm not completely certain, but I think at some point, after successive frivolous 2255 motions the court can order the defendant get permission to file a 2255 and / or sanction frivolous 2255 motions.

[dh]

I don't think Federal Parole has been reinstated.

[Edith]

To all you haters, do you really think he deserves 27 years, even in the worst case scenario that he stole $30M or whatever. Show me another case of stealing $30M from a bank that got 27 years. Multiple murderers get less.

[dh]

You are wrong and you are stupid.

[dh]

I'm sorry. I didn't mean congenitally stupid. Just in the matter of federal sentencing for homicide. You may not be stupid in other areas.

[Isa]

""do you really think he deserves 27 year""

Yes of course he deserves 27 years!
He ran a 'slave plantation' and ha-Shem put him there!

Take Wendy Weiner Runge for instance
I KNOW she NEVER persecuted anyone thats why she only saw 6 months

Are you not a believer?

[RWisler]

Can someone who's a legal expert please clarify this for me? I am totally ignorant of the laws for appealling a sentence...

Can Mr. Rubashkin's lawyers continue to file appeal after appeal after appeal, obviously for the purpose of simply haranguing the legal system when the evidence points clearly to his guilt? I thought that the Supreme Court had already shot down his appeals? How can they continue to waste taxpayer dollars and the time necessary to answer these appeals when he's already been denied appeal by the highest court in the land? Please explain this in simple language?

[rebitzman - $101 to read my posts]

@dh

You are correct, a federal prisoner can expect to serve 85% of his/her sentence (they do issue credit for good behavior) with the last 10% possibly served in a halfway house.

So - between 22-23 years..... Give or take.

[dh]

RWisler, see mine @ 8:12

[dh]

Ok, here's one for you rebitzman. Hypothetically, The Rube takes the 2255 thing until the court is at the end of it's rope and eventually does start dinging him with sanctions, and maybe even contempt of court. Does that misbehavior accrue, or attach, what's the language I'm looking for, innure? to The Rube, such that it negates his "good behavior?"

[Feminista]

This is not really an appeal, it's a Motion to Vacate the sentence based upon purportedly "new" evidence in the form of affidavits from his supporters and various other pieces of toilet paper. He will need to be able to demonstrate exactly why this so-called evidence was not presented at trial and if it was previously excluded during the trial, then he has probably waived his right to raise this again. His attorneys are really asking for it, were this not a criminal trial. Usually much more latitude is given to a criminal defense attorney, but these guys could possibly be sanctioned for filing this motion. No doubt when the District Court denies this Motion, they will appeal that order. So the order relating to this Motion will not be the end of this.
The interesting thing is with the government shutdown, the federal appellate courts will not be able to get to this case very soon. He can rot in jail in my opinion. As others have pointed out, he ran a slave plantation and additionally put the animals through horrible conditions, and lied cheated and stole, all while pretending to be pious. Even if he did not murder anyone, he demonstrated his utter contempt for the rest of humanity (i.e., non-frum), by his actions.

[dh]

"various other pieces of toilet paper." love it. All very articulate. What do you think of my hypothetical, Feminista?

[jancsibacsi]

Edith--As i wrote before he should sit in jail until he pays back every penny he stole,what dont you get in this statement,are you that stupid? or do you just think the goyim are.

[rebitzman - $101 to read my posts]

@dh

No.

As long as he's not caught stealing dinner rolls, good behavior applies.......

[Account Deleted]

" he ran a slave plantation and additionally put the animals through horrible conditions, and lied cheated and stole"

Isn't that the Haredi way of life?

Where did his attorneys went to law school? Correspondence schools?

[RWisler]

Thank you for explaining this dh & Feminista.

[dh]

A large amount of defense lawyers believe in and have a deep commitment in what they do and are poorly paid. Maybe these guys paid their dues or maybe they believe in something they are arguing. Maybe some of them have principles. Maybe I'm high.

[Joe]

In my humble oppinion he should serve time until he pays back every penny he stole, case closed.

Posted by: jancsibacsi | October 03, 2013 at 07:38 PM

Hmmmm, OK. So, exactly how is supposed to repay the money from jail? If some poor ghetto kid steals $1000 from some guy, do you believe he should sit in jail till the debt is repaid? Let's see. At $.06/hour, he might get out in 20 years if he doesn't buy too many twinkies and cokes. So, what you are really saying is, you believe in debtor's prison?

[rebitzman - $101 to read my posts]

This us actually in line with what the earlier thread said. They are saying you can't add years to a sentence based on a financial loss the government caused.

The judge has indicated publicly that she doesn't consider even reading the appeal to be a priority which doesn't particularly bode well for the defense.

[seymour]

To all you haters, do you really think he deserves 27 years, even in the worst case scenario that he stole $30M or whatever. Show me another case of stealing $30M from a bank that got 27 years. Multiple murderers get less.

Posted by: Edith | October 03, 2013 at 09:00 PM

I think most comments are knee jerk reaction to the way the frum are acting and thinking about this case. The frum look at this as a holy man a tzaddiuk and Jew is being persecuted as a Jew not a crook. And ththey see that almost every time a yid gets arrested for fraud never even saying well
he should not have done that

[Feminista]

dh - I think that a judge would be very careful in deciding that even multiple motions to vacate or appeals would be considered "bad behavior" for 2 reasons. First, I believe that questions of "good behavior" is within the purview of the warden or whoever runs the prison; second, courts look very closely at questions of penalizing a prisoners access to the courts. If anything, I think the penalties might be aimed at the lawyers (monetary sanctions and restrictions against the lawyers from filing documents in that court.)
Also, there are many really good criminal defense attorneys. Don't forget that many of the rights we enjoy today are the result of many battles by criminal defense attorneys who went beyond their comfort zone to do a job.

[dh]

Yes, thank you, Feminista.

[(The other) Eli]

To all you haters, do you really think he deserves 27 years, even in the worst case scenario that he stole $30M or whatever. Show me another case of stealing $30M from a bank that got 27 years. Multiple murderers get less.
Posted by: Edith  | October 03, 2013 at 09:00 PM

You're forgetting about all the other labor laws he violated, which led to the raid in the first place. So don't ignore that if you're trying to make a moral argument.
Uh, yeah, because state sentencing and federal sentencing are the same thing............typical Rubashkin supporter

[anuran]

At this point it's not about getting him out of prison or even a new trial. I don't think the attorneys seriously believe they have a chance. What they're doing is keeping the Sholomo Rubashkin money machine going. They keep holding fund raisers based on the "stunning new evidence". As long as his supporters react by raising funds the lawyers will keep riding the gravy train.

[Yosef]

In my humble opinion he should serve time until he pays back every penny he stole, case closed.

Posted by: jancsibacsi | October 03, 2013 at 07:38 PM

Hmmm.. seems to me I recall that even Shmarya (who obviously bears huge grudges against anyone associated with Chabad)has said that he only deserves 6-7 years. Hear ye, Hear ye, all FM'ers! Shmarya agrees that there is a gross miscarriage of justice in this trial!

(...and just to clarify my bias: I am very far from being a card-carrying member of Chabad, nor am I an admirer of Rubashkin. I'm just trying to get my brain around this case, and I'm having difficulty, no different than Shmarya!)

Good Shabbos, jancsibacsi, Shmarya, and all!

[Shmarya Rosenberg]

Yosef –

Please.

What I have said clearly and repeatedly is that the US Sentencing Guidelines called for a 22 year to 30 year sentence. Rubashkin got 25 (plus 2 extra for perjury).

In other words, he got a sentence in the lower middle of those guidelines.

He was not persecuted and there was NO anti-Semitism.

I believe the sentencing guidelines are too harsh and should be modified by Congress.

Now stop lying.

[Wirbelwind]

If a real peach of a Judophile of a president gets in (like a Cruz or a Romney) is a Presidential Pardon for Rubashkin in 10years out of the question?!

[Yosef]

Shmarya,
I definitely recall you writing 6-7 years; perhaps that was before sentencing occurred...whatever.

I would be interested in your point-by-poin rebuttal to the current appeal.

Thanks,
Yosef

[dh]

I'm interested to know how much you donated this year.