Rubashkin's attorney just can't tell the whole truth, so help him God.
From the appeal brief Nathan Lewin filed today:
ICE memoranda and emails reported additional pre-raid meetings between Judge Reade and the United States Attorney's office. [App. 276-282,308-309] At one meeting attended – at the judge's request – by other law-enforcement personnel, the judge stated that she was "willing to support the operation in any way possible, to include staffing and scheduling." [App.276]
This is presented to the court as if it is a direct quote from Judge Reade – but it is not.
Instead, it is a summation of Judge Reade's position written by an ICE agent. In other words, it is a quote – but of an ICE agent, not the judge.
If you go back to the Lewin motion for a new trial I posted months ago, you'll see that – and you'll also see that in context, what the judge clearly said is that she – as chief judge representing the court – would do whatever possible to arrange staffing and court scheduling for the raid. (Please see the 3:00 pm update here.)
Iowa's Northen District has 2 1/2 judges: Linda Reade, the chief judge; John Scoles, the magistrate; and a retired judge in his 80s who works half-time, so making sure 600 or more people (the number ICE thought it might arrest) could be arraigned and processed in a 24 hour period and have their legal rights protected was a major deal.
It is the chief judge's job to do these things, and no recusal is legally necessary.
You can read the entire appeal by downloading it. It is posted immediately below:
The appeal brief as a PDF document: