Flight Risk Ruling Spurs Protest

DUBUQUE, IA — It’s a court ruling that Jewish Americans from coast-to-coast immediately viewed as unconstitutional and as an erosion of their civil rights. Sunday, about 60 people, mostly from Postville, Iowa, assembled in front of the Dubuque Law Enforcement Center to light a menorah on the last night of Hanukkah to shed light on the case.

Former Agriprocessors Chief Executive Officer Sholom Rubashkin is being held in the Dubuque County Jail on federal charges of harboring illegal immigrants, document fraud, identity theft and bank fraud. Rubashkin was denied bail Dec. 22.

The Anti-Defamation League has referred that ruling to U.S. Attorney General Michael Mukasey.

Matt Dummermuth, U.S. Attorney for the Northern District of Iowa, argued that Rubashkin poses a flight risk, in part because of the Law of Return — Israeli legislation enacted in 1950 that gives Jews and those of Jewish ancestry, as well as their spouses, the right to migrate to and settle in Israel and gain citizenship. As far as anyone can remember, the Law of Return never has been cited as a reason to deny bail. Many Jews fear the ruling could set a precedent.

“This is very troubling for all Jews across the U.S.,” said Amy Dickel, a Postville businesswoman who helped organize the demonstration. “We think this is a new legal thing. Mr. Dummermuth basically has a different legal interpretation that says if you are a Jew, then you are a flight risk.”

Abraham Foxman, national director of the Anti-Defamation League, wrote a letter to Mukasey dated Dec. 24 to protest the ruling by Magistrate Jon Scoles.

“The most troubling aspect here is that the government does not appear to have alleged, nor does the Detention Order conclude, that Defendant Rubashkin has any particular ties to Israel,” wrote Foxman. “Instead, the government and the Detention Order appear to conclude that simply because Defendant Rubashkin is Jewish, and because Jews may have a claim on Israeli citizenship, his religion is relevant to a bail hearing.”

Foxman argues that the ruling hold Jewish defendants to a different standard of detention, thus making it unconstitutional.

Demonstrators Sunday held signs reading “Where is the Bill of Rights?” “Equal protection under the law” and “No bail for Jews.”

“Hanukkah is a symbol of freedom and light and hope,” Dickel said. “We think this is one U.S. attorney who is out of hand.”

The demonstration was under way only for a few minutes before Dubuque police intervened, asking Dickel to discontinue the display. Dubuque Police Lt. Steve Radloff called Dickel aside and told her that it was “essentially an unlawful assembly,” since demonstrators partially blocked access to the Dubuque Law Enforcement Center parking lot and were on the sidewalk.

“It’s fine, but it has gone beyond the expectation and the description of the event,” Radloff said. “You can’t block public-access areas: the street, the driveway, the sidewalk.”

Scoles reportedly has told Rubashkin’s attorneys that they are attaching too much significance to the Law of Return aspect of his ruling. Scoles said evidence showed Rubashkin had a travel bag with cash and travel documents at the time of his arrest, and it is believed that two others associated with Agriprocessors already have fled to Israel.

Rubashkin has offered millions of dollars to secure a bond. He also has volunteered to wear an electronic tracking bracelet and to hire a private security firm to keep him under house arrest if he is released.

Agriprocessors was the site of a May 12 immigration raid in which 389 people were arrested, more than a third of the plant’s work force. The company and top managers also are accused of violating state and federal laws dealing with child labor, wage requirements and safety rules. The company filed for bankruptcy protection and has been appointed a third-party overseer.