Sholom Rubashkin's appeal to the Federal 8th circuit for a new trial was denied yesterday. His only legal recourse now is to appeal to the United States supreme court within 90 days, which his lawyers plan to do. The Supreme Court almost never agrees to hear criminal cases if there is no major constitutional question involved.

Rubashkin Appeal Denied by 8th Circuit

Sholom Rubashkin’s appeal to the Federal 8th circuit for a new trial was denied yesterday. His only legal recourse now is to appeal to the United States supreme court within 90 days, which his lawyers plan to do. The Supreme Court almost never agrees to hear criminal cases if there is no major constitutional question involved.

The ruling was brief and without any explanation or elaboration. It read as follows:

JUDGE ORDER: denying…petition for enbanc rehearing filed by Appellant Mr. Sholom Rubashkin. Petition for panel rehearing is also denied. -Judges Melloy, Colloton, and Gruender were disqualified from the consideration and decision in this matter.- (PUBLISHED) Hrg June 2011 [3846085] [10-2487, 10-3580] (DMW)

27 Comments

  • A $$ appeal might work

    A presidential pardon seems to be the last hope and that won’t happen until the last day of O’bamas last day in office if he is agreeable.

    To make him more agreeable a large sum of money offered for a speech or two might “appeal” to him.

  • Usual U.S. Stance

    This was expected. USA will do anything, even Criminal or Corrupt or Wicked or Evil to get Jews to Stop Studying Torah.

  • CR

    It’s over. To all you true believers asserting that SMR’s incarceration is because of the “entisimitten” realize that, had he taken the plea bargain (7 years according to some) he would have

    – received credit for “time already served”
    – arguably been eligible for parole after a few years.

    I.E. he would be seeing freedom after perhaps 18-36 months. Of course, that would mean groveling for clemency before the Czar and the Yevsektzia…I mean admitting to criminal activity before the Court of Law. Given SMR’s risible liking himself to the RaYYaTz’s experiences in Shpalerka he doubtlessly thought that a “king” is not allowed to testify.

    SMR’s fate is his own doing. And those of us who enabled his fantasies should also be in a state of “Chatanu, Avanu, Pashanu”. Our focus now has to be ensuring that his time at Club Fed, Iowa City Chapter is adequately supported B’Gashmius and B’Ruchnius. And can we please stop the denials and finally admit that he, and people associated with him, did some really bad things?

  • ver sad

    we need a pardon. but why would the man that negatively commented about him even before he was president want to help now that he is president. I imagine his disdain for the Jews is as high as ever now.

  • Milhouse

    #2 is unfortunately correct. And for this purpose we should try to make sure that the president’s last day in office is on 20 Jan 2013, not 2017…

  • crying

    It’s like watching a train wreck about to happen & you know what the engineer needs to do but he just won’t do it and you can’t get him to switch tracks.

    i think we need to face the truth. It will never happen and it’s not because we didn’t try.

  • bob

    NEVER MIND MOSHIACH. CAN’T SOMEONE IN A HIGH OFFICE in Jewish community ORGANIZE ASAP A MARCH OF MILLION, LIKE THE BLACKS DO – TO GET MEDIA ATTENTION AND GET THIS INJUSTICE THING ON THE FRONT PAGE AND CNN???? Who will organize it who?????????????????????????????????????

  • waaaaa

    OMG it was soooo sad Mrs. rubashkin came 2 speak to our school we were ALL in tears nothin will help only mohiach

  • Magnolia Man

    #2 (A $$ appeal might work) has suggested that:

    “To make him more agreeable a large sum of money offered for a speech or two might “appeal” to him.”

    Is #2 seriously suggesting that the President of the United States would take a bribe?

  • Chaim

    We should plan a million man march in Washington, and camp out in Washington for a week. If the Occupu wall street can do it, so should we.

  • #5

    u are very un nalgble of the facts. its seems like your a goy or a anti jewish. if ur truly from C.H plz check and see if ur a yid. shmae on u

  • disappointed

    #2 is absurd #5 is not worth a comment.This is ca clear cya if there ever was one.There are serious questions that the court refused to address.His rights were clearly violated & there ie something that can be done Pressure & tehillim.I restate where are the Shemtovs? where are all the Shluchim with Connections to Senators, Congressmen etc?.If this get’s published this & the other sites should be bombarded with these questions & we should be asking them!

  • MARCH MARCH MARCH

    A MESSAGE TO THE LEADERS IN CHARGE:
    A MARCH ON FIFTH AVE.
    THOUSANDS OF JEWS.
    THAT WILL BE HELPFUL!!

  • to #5

    You think you know so much yet you know so little…

    The “plea bargain” he was offered was 25 years and later lowered to 12 years. Parole was not part of those discussions because the Federal government eliminated parole in 1984.

    With that being the plea bargain offer, one can understand the decision to skip the “groveling for clemency before the Czar and the Yevsektzia…I mean admitting to criminal activity before the Court of Law” (That bit about the czar was very witty, good work)

    You say that we need to “finally admit that he, and people associated with him, did some really bad things”.

    Were these “really bad things” that he did so bad that he deserves even more time than even the prosecution asked for?

    Were these “really bad things” so bad that he lost his right to a fair trial?

    What do you mean by saying “those of us who enabled his fantasies should also be in a state of “Chatanu, Avanu, Pashanu”?

    It sounds like you are saying that you, and others, who showed support in some fashion during the trial and appeal should now be doing teshuva for their wrongdoing.

    If that is what you are saying then you do indeed need to be in a state of “Chatanu, Avinu, Pashanu”, but for a completely different reason…

  • Yakov

    Dont forget the are other yidden serving time in prison, some of them for crimes they didnt commit.

    May they all see freedom immediately.

  • Mendel Mendel

    Not only did #5 get it right, he actually knows how to write English! Which leaves open the question as to why his comment was not censored. Now will someone come along and accuse me also of not being a Yid? (That seems to be standard for those who don’t know spelling or grammar, e.g. #15.)

  • posheter yid

    #5 and #14. Are you a self hating Jew? Written only like a goy. Please sign your name so we know who not to have anything to do with or marry. You must come from eirev rav. your parents most likely worked with the Nazis in germany. Is this how you are raising your children? If you live in CH get out!!!!!!!!!

  • to #20

    #5’s superb writing skills are not matched by any significant knowledge of the facts of the case.

    What exactly did #5 get right? That SMR deserves to be behind bars for the rest of his life? Do you actually agree with that? If you believe the answer is “yes”, perhaps you can attempt to explain it to the rest of us.

    (Back to the great writing skills of #5, how many people on this website actually know what “risible” means?)

  • CR

    “What exactly did #5 get right?”

    Hi, Number 5 here. ;-)

    Uh, that SMR would not be facing 27 years in the slammer had he taken one of the putative plea bargains? That there may well have been (and could still be) be opportunities to reduce that number? That he would have been better served by not going for broke? That all of us should have been far more realistic about his chances in trial? That bank fraud cases are judged extremely harshly (it is the most heavily regulated area of commerce in the US)? That, just perhaps, anti-semitism was not what motivated the harsh veridct? That, frankly, all of us need to get realistic regarding proper, legal business practices in the US and stop comparing acts of compliance to giving “chayus” to “Malchus haResha” or similar?

    And to those questioning my Zera Yisroel content: Congratulations. You are now ideological soulmates with Pach Zevel of B’nai Brak who said the same thing about millions of Jews whose obsevance level he disagreed with.

  • to # 23

    Calm down!! Just because someone used a word from the dictionary doesn’t mean he has superb writing skills. Anyone who takes a minute to think about what s/he wants to say before s/he types, organizes it and uses correct grammar, is just……..writing!!!! Just a plain old skill – not an award winning big deal!!!

  • Witty Woman

    Do I feel that 27 years is excessive? Yes. Do I feel that Rubashkin did absolutely nothing wrong and has nothing to ever apologize for? No. I am all for helping out our fellow jews. We need to stick by each other especially in a time of a crises. We cannot let each other fall. The part that irks me is that if there was some mail fraud and bank fraud and even slight messing around with the “books” I think the Rabbi needs to own up. If not to the courts than atleast to his fellow yidden who want desperately to support him. I would stomach this all much better if I felt that he wasnt sending the wrong message to my children and to all yidden in general. I feel like we are publically saying that Jews who need money (for whatever reason) are above the laws and dont need to follow the rules of the government. I am sorry but finding loopholes in the system does not sit right with me. For an average Jew, I can let it slide. We are all working hard and make mistakes here and there. But for someone in such a leadership role to not once apologize to his people and for sending the wrong message. That hurts.

  • 27 is too much but....

    Agreed that 27 years is too much but what he did was a chilllul Hashem. We need our children to know that if you break the law you should be punished.