Avi Moskowitz does not say whether he actually read the affidavits he refers to.
As I noted just before Rosh Hashana, one of the experts writes in his affidavit that he did not read any of the documents his opinion comments on. Instead, he relied completely on the description of those documents written by Rubashkin's attorney Nathan Lewin.
The second expert Moskowitz refers to did read the documents – but he was paid $500 per hour to read almost 300 pages of these documents and write his opinion, meaning this expert was paid a five figure fee for his work. Moskowitz does not mention this, perhaps because Nathan Lewin's press release does not mention this expert was paid.
The second expert's opinion also admits that the code of judicial ethics allows a judge to be involved in logistical issues pre-trial.
Despite Lewin's misquotes and spin, all the evidence in the documents Lewin filed with the court and all the evidence the government filed in return document logistical involvement only.
(Moskowitz previously commented on one egregious misquote from a Lewin press release. I was the first to report that misquote and, to my knowledge, weeks later Lewin has still not corrected it.)
All this said, here is Avi Moskowitz's comment from last night's Zev Brenner Talkline show.
Please click the gray bar to listen or right click on it to download: