…from the Telegraph-Herald:
…"We're not complaining about Judge Scoles, who made his decision based on the arguments that were presented to him," Cook said. "He said too much emphasis was being placed on this Law of Return, but the prosecution brought it up. We will be filing papers today to put into context some of the arguments made to keep Mr. Rubashkin detained. Looking at the facts through the prism of the Law of Return affects how you look at the case. It's like saying too much emphasis is being placed on the fact that you are a black man."
Cook said the defense has offered "over-the-top" conditions to secure Rubashkin's release, including 24-hour surveillance at his expense and a pre-signed extradition document that would ensure his return to the U.S. should he leave the country.
"He doesn't have a drivers license. He doesn't have a passport. He's offered to wear a GPS device. It would be a dishonor to his faith to flee," Cook said. "He is not a flight risk."
The main argument, however, is that using the Law of Return as a basis for detainment is unprecedented. Cook said he spoke to the public defender for the Southern District of Manhattan, which is home to a large Jewish population, and was told the Law of Return has not come up in a detention hearing.
"It's never been used where you might expect it, but it is used in Dubuque and Cedar Rapids, Iowa?" Cook said. "The way the government has treated this is offensive; not only to Jews, it should be offensive to everyone. It's out of whack."…
Please see the court documents linked below so you can see what all parties really said.
Pay special notice to the letter written to the court by Global Security Services, the company chosen by Rubashkin to provide a 24/7 armed guard to prevent his flight. Note the spelling mistakes. Note that guards may have up to two years of law enforcement experience or the equivalent education.
Then look at the cases of Arnold Zaler, Avrohom Mondrowitz (and, especially here) and Samuel Scheinbein.
Then ask yourself why Rubashkin is trying this case in the media, rather than in court, and why he appealed directly to the Attorney General rather than appealing the magistrate judge's ruling through normal legal channels.
Court Documents, Including Prosecution's Motions, Rubashkin's Motions and the Judge's Decisions: Part 1, Part 2.
Global Security Services Letter To The Court On Rubashkin Bail.
[Hat Tip: FGBA.]