Another important date for jailed kosher meatpacking CEO Sholom Rubashkin looms July 25, when the U.S. government is scheduled to file a brief that will likely ask the Supreme Court not to hear Rubashkin’s case.
Rubashkin Legal Team Braces for Government Brief
Another important date for jailed kosher meatpacking CEO Sholom Rubashkin looms July 25, when the U.S. government is scheduled to file a brief that will likely ask the Supreme Court not to hear Rubashkin’s case.
Rubashkin—convicted of 86 fraud charges and sentenced to 27 years in prison following the immigration raid on the Agriprocessors plant in Postville, Iowa—in 2011 lost his bid for a new trial before the U.S. Court of Appeals 8th Circuit.
Through Freedom of Information Act (FOIA) requests, Rubashkin’s lawyers obtained documents showing that Iowa federal judge Linda Reade, who sentenced Rubashkin, cooperated with government agents and prosecutors regarding the immigration raid. Rubashkin’s representation, therefore, argued before the 8th circuit that Reade was biased against Rubashkin and should have recused herself from his fraud trial.
Shortly after the 8th circuit rejected this argument, Paul Clement—who recently led the multistate challenge to “Obamacare” in the Supreme Court—joined Rubashkin’s team as its lead attorney. The government requested three extensions beyond the initial May 5 deadline to file a Supreme Court brief, but Clement expects no further delay past July 25.
In the following interview, Clement spoke with JNS.org about the upcoming brief and what comes next.
JNS.org: What is the significance of the government’s July 25 brief, and what are you expecting?
Paul Clement: “The first thing to note is that the government’s request for a third extension is rather unusual and that it suggests that the government is working hard on this brief, and it has not been a straightforward brief.
“It’s obviously a tremendously important brief. The government usually in this situation will explain to the court why it thinks that the Supreme Court should not take the case. There’s been no indication yet that the government is going to do anything other than that. The government does have the option of what’s called confessing error or acquiescing, and so they don’t have to tell the court not to take the case, but they do in virtually every case. They only acquiesce or confess error once or twice a term. So, we certainly have encouraged them to confess error on at least one of the issues in the case (regarding concerns over Judge Linda Reade’s bias)… but given the odds here, we’re certainly ready for that brief to tell the court not to take the case.”
Can you elaborate on why you believe the government should confess error in this case?
“The thing about the 8th circuit decision that we’re trying to get the Supreme Court to review, that I think is the most difficult to defend, is this notion that when a party like Sholom Rubashkin comes up with new information that suggests that the judge should have not sat on the case—and that’s what we have here, there was a Freedom of Information Act (FOIA) request that revealed that there were these extensive meetings between the judge and the prosecution team—under those circumstances, the 8th circuit has basically held that new information that suggests that the judge should have never sat on the case is essentially irrelevant and won’t get considered, unless the defendant can also show that information demonstrates that they are likely to be acquitted on the merits. And the problem with that is that really, one doesn’t have to do with the other.
“A defendant is entitled to a fair trial in order to determine whether or not they are guilty or innocent. If you have new information that suggests the judge should have never sat on the case—that ought to be enough to get that information considered as to whether or not the fundamental guarantee to a fair trial was violated. The 8th circuit is saying that, even when you have information that suggests the judge never should have sat on [the trial], unless you can also show essentially your factual innocence, then we won’t even consider that information. And that seems to us to be either inconsistent with the law in other courts, but also just fundamentally incorrect.”
How do you feel about the abovementioned FOIA request being processed by the government only after Rubashkin was sentenced?
“When you talk about something as fundamental as the guarantee to have the judge that’s overseeing the case be impartial, you don’t want that kind of determination to be foreclosed based on considerations of timing or technicalities.”
Is it possible that the government will ask for a fourth extension on its brief to the Supreme Court?
“You can never say never, but it would be very unusual I think for the government to give another extension. Typically these extensions are granted in increments of 30 days. Here they agreed with us that they would only [need] an additional 20 days [for the latest extension to July 25]. I think that reflects, at least in my understanding, that this will be the last extension they request.”
After the brief is filed, what is the next step for your legal team?
“The very important next step is that we will file our reply brief, and we will explain why the [Supreme] Court should take the case.
“We’ll probably file that roughly two weeks after the government files its brief. There’s not a hard deadline for that brief, but we want to get it in before the justices start considering the petition. Then the justices will consider the petition as part of their review of literally a couple thousand petitions over the summer, and then we should learn whether the court is going to take our case probably at the end of September.”
attorney
I have seen Paul Clement in action at SCOTUS. And, while, I am not necessarily his biggest fan — if he has joined the team, then that says something re: the merits.
Spiritual
The physical is in place, now what can we all do bachdus to ask Hsham to make things go in the way of justice?
Hashem Yirachem!
july 25th is in the middle of the 9 days!
the way i see it
he’s a felon, a criminal, but yes got the shaft.
on the one hand i feel bad for him and his family. but this is not the first time his family committed fraud and got caught and served jail time. not to mention sholom rubashkin was a king in Iowa and got under alot of people nerves because he monopolized everything under the sun.
in short he sort of brought in on himself, but obviously got a much larger sentence than necessary and that wrong!
what i find most disturbing is how he is lionized with the children in yeshivas as if he didn’t do anything wrong as if he is some sort of hero.
regardless of the improper sentence he should not be a role model and in constant view to our children. after all, he committed serious fraud and got caught, what is so enlightening and heroic about that?
ccc
Its about time the USA government wakes up to see the injustice that has been done to our Family, Brother, Friend and the whole state of Iowa!
klotz meyer
dear no. 4 we are in middle of the 3 weeks if you haven’t relized/ (not that it’s okay otherwise)!
Is Gd Right or Wrong
Scripture says, if you have to take people to court to make them do right, then they should pay the maximum penalty.
serel maness
to #4 the truth is he is being fraud,frame and l am not at liberty to reveal how ’cause that’s why the holy temple was destroyed. it’s pity when we so desperately want the geula
to 7
Actually, there is no concept of jail in the Torah. Only physical punishment (death or by the whip, unless a man is a physical danger to society).
#4: You obviously never dealt in serious business where it’s impossible to be 101% always according to the book. He didn’t mean to deceive his lenders. He paid faithfully every month, until the [Bush] federal government bullied him so much and destroyed his business. Had he not exaggerated his assets, he also wouldn’t be able to pay back a smaller loan, because he was being so bullied.
AA
#3 (Hashem Yirachem!), true. On the other hand, the Hayom Yom for that day (6 Menachem Av) mentions the Alter Rebbe’s return home after his arrest; may Hashem help that Reb Sholom Mordechai be able to do the same.
attorney
#4 — thank you! Rationality on this issue. . . finally! I am so glad that someone has spoken out.
Everyone else: check out the doctrine of “respondeat superior.”
to#8
your not at liberty to discuss because your dreamland doesnt exist! just face the facts (which you obviously have nary a clue!
and to #9. he CLEARLY knew what he was doing and did it any ways, please, it was no mistake on his part. he manipulated order forms and accounts receivable in a very methodical calculated ways. its all there! he took money from one account, pocketed it, and played all sorts of games with his multi million dollar loan.
this is what im talking about as i am comment #4. no one ever talks about what he did, instead “oh poor guy he got the wrong end of the stick”, no, he cheated and lied, and its not heresy, its fact in black and white in his own balance sheets that he manipulated and signed off on!
its a big problem when the community makes this guy to be angel and clearly ignores his inexcusable actions…
he cheated and lied and that is not to be encouraged!
Free Country
Freedom of speech !
Everyone entitled to his opinion even if we don’t like it.
and i think all the FRAUD was done by the other brother name
Moshe The Ganev Rubashkin.
and moshe the ganev is the One who caused his brother to suffer so much and when he was busy with rebuilding the company Moshe Ther Ganev was busy stealing money from AGREEPROCESSORS
and that is a FACT.
Pinchas
The difficulty to get justice in this case, is clearly beyond all logical reason, B’Derech Hateva.
It’s obvious that this “Gezera”, is a Gezera Milmaala.
It follows therefore that the only way to fix the problem, and the only way to get, fair and reasonable justice, here, is only if and when, the Ruchnius’dike Source of the Problem is corrected.
A Known Mekubal had recommended that Mechila be asked, because of an unauthorized Hechesher was used, without all of the Rabbonim, of the Badataz’s, approval (where only 1 Rav of the Badataz was consulted instead of the entire Badatz) and that this Kapeda is the root cause of all the endless problems.
As the July 25th date is rapidly approaching, the last chance to correct the Siba Ruchnius, is quickly approaching, it’s the last window of opportunity for correction, by asking Mechila of the members of the Badatz who were sidelined and whose unauthorized Hechsher was used.
Keyadua Layodim, Vedai Lechakima Beremiza, Vehamevin Yavin
May he be Zoche to a true Geula, in the Chodesh Hageula, by correcting the Sibas Hagalus
Pinchas & Potz
Besides for the fact that you are a damn liar, you are wicked & cruel. So for starters go back to the hole where you came from.
Secondly, if you are such a know-er, why don’t you just go to that holy rov of yours (who can’t backup till today where he had shimush to know the difference between a chicken pupik and a liver or between a Kcahl and Techol in a large Beheima (no I don’t mean one like you or him) to qualify him as anything of a Rav HaMachshir) and ask him to show how great of a rov he is that not only his wicked Kepeida works but that also his big Mechila (as in forgiving not as in his tuches) can work.
Show us how true your statement is and back it up, as it says that Meruba Mida Tova Mimida Puronios (it is far greater the measure of good than the measure of punishment) so if his kepeida worked so well to create punishment then his forgiveness will be so much more powerful to bring a redemption.
Lets go Pinchas, show us how great he/you is/are. Be a man like the original Pinchas who removed Hasem’s Kepeida from the Yiden