New evidence shows judge Reade unlawfully presided over Rubashkin Trial and had meetings with the prosecution six months before the Agriprocessors raid.
Evidence Shows Judges Bias in Rubashkin Trial
New evidence shows judge Reade unlawfully presided over Rubashkin Trial and had meetings with the prosecution six months before the Agriprocessors raid.
CEDAR RAPIDS — New documents produced in response to a Freedom of Information Act request show that U.S. District Court Chief Judge Linda Reade met frequently with the law-enforcement team that was actively engaged in the planning of the May 2008 raid on the Agriprocessors kosher meatpacking plant and participated in preparations for the raid. On this account, Judge Reade should have been legally disqualified from presiding at the federal trial of Sholom Rubashkin.
Judge Reade was required to disclose these meetings and her participation to defense lawyers, but the judge did not make any such disclosures before presiding over the trial last year. The evidence shows Reade was not only provided with regular briefings on the raid preparations for more than six months before it occurred, but that she expressed her “support” for the raid, and directed that she be briefed on how it was to be carried out.
“The government’s own memoranda show that more than six months before the raid, Judge Linda Reade began a series of meetings in which she collaborated with the law-enforcement team that prosecuted the case against Sholom Rubashkin,” said Nathan Lewin, lead appellate counsel for Sholom Rubashkin. “Without disclosing to defense counsel her meetings with the U.S. attorney and the support she expressed for the raid, she presided at Mr. Rubashkin’s trial, and then immediately had him imprisoned, and sentenced him to two years more in prison than the prosecution requested.”
In light of the new revelations, attorneys for Sholom Rubashkin filed a motion for a new trial Thursday in the U.S. District Court for the Northern District of Iowa. Rubashkin was sentenced in June 2010 to 27 years in prison for bank fraud and related charges. Prosecutors had sought a 25-year prison term.
“Under federal law, as authoritatively interpreted by the U.S. Supreme Court, Judge Reade was required to disqualify herself from serving as the judge in Mr. Rubashkin’s trial or, at least, to make a full disclosure to the defense lawyers so they could decide whether to file a motion for recusal,” Lewin said. “The jury’s verdict must, on this account, be vacated, as well as Judge Reade’s decision to deny release on bail to Mr. Rubashkin.”
The government documents and e-mails were provided to Rubashkin’s counsel after the trial concluded, although their Freedom of Information Act request was filed in February 2009, more than eight months before his trial began. The government did not initially respond to repeated letters and calls from Rubashkin’s counsel seeking the FOIA documents, and Rubashkin’s attorneys eventually sued the Department of Homeland Security to procure the information.
The documents reveal that Reade began meeting with the U.S. Attorney’s Office in October 2007, and advised law enforcement officials of her vacation schedule so that the raid would meet her “scheduling needs.” She also said in January 2008 she was “willing to support the operation in any way possible.” In March 2008, Reade participated in a meeting that discussed “an overview of charging strategies, numbers of anticipated arrests and prosecutions, logistics, the movement of detainees, and other issues related to the [Agriprocessors] investigation and operation.”
According to one e-mail, Reade made specific requests for a “final gameplan” to be submitted to her about one month before the raid took place. She also “requested a briefing on how the operation will be conducted.”
“What can be learned from the redacted memoranda about Judge Reade’s participation in the planning of the raid on Agriprocessors may be only the tip of the iceberg,” Lewin said. “But even this tip is sufficient for an objective observer to doubt the perception of impartiality.”
The documents also show Sholom Rubashkin was the primary focus of the investigation before the raid. In a PowerPoint presentation describing the planned raid – which may well have been displayed to Judge Reade during one of her “briefings” – ICE identified Mr. Rubashkin as the “Vice-President of the company,” and noted its belief “that one or more company officials may have knowledge of criminal conduct on the part of the company and may even be culpable themselves.” In a separate memorandum written in advance of the raid, ICE explained that on the day of the raid, it would “execute a criminal arrest warrant” against a “corporate official.” Mr. Rubashkin was not ultimately arrested on the day of the raid, but he is the only “corporate official” arrested, and therefore was probably the subject of that memorandum and discussions with Judge Reade. Under federal standards, those ex-parte conversations would be grounds for recusal of a judge.
Rather than disclosing her attendance at, and active participation in, planning meetings, either to the defendant or his attorneys, Reade rejected a related defendant’s recusal request and claimed she had only been engaged in “logistical cooperation” with Immigration and Customs Enforcement agents who planned the May 2008 raid on Agriprocessors.
“Judge Reade’s apparent attempts to minimize her participation in the raid raise new suspicions and bolster doubts about Judge Reade’s impartiality in circumstances that are particularly worrisome,” said Lewin. “Under federal law a judge is disqualified, whether or not actually biased, if the average person on the street, knowing all the facts, would question the judge’s impartiality.”
Representatives of the Department of Justice and ICE also concealed Judge Reade’s participation in the raid planning to members of Congress. In a hearing in July 2008 before the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law of the House Judiciary Committee, Rep. Zoe Lofgren asked law enforcement officials what information was provided to the federal court in Iowa and “what measures were taken to ensure that the court’s view of the cases would not be affected and that judicial neutrality would not be compromised?” Deborah J. Rhodes, a senior associate deputy attorney general, responded that Judge Reade was only given a “heads up” for “logistical reasons.” She did not acknowledge that Judge Reade was given briefings and “updates” on various substantive matters, as well as the fact that the raid was coordinated around Judge Reade’s “scheduling needs” and that Judge Reade had expressed her willingness “to support the operation in any way possible.”
As part of its motion for a new trial, Rubashkin’s attorneys have requested that Judge Reade transfer the motion to another judge for determination, “in order to preserve public confidence in the impartiality of the judicial system.”
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BARUCH HASHEM!
Phillybubby
The whole case should be dismissed. He served more than enough time already.
Rubashkin supporter
the haman should have her mapalah!
Boruch
That’s what happens in the former glorious USA which is resembles a Banana Republic more and more every day. We need to go back to the basics and restore this country to it’s glory. The Justice system is in shambles. Yesterday a rat in a black robe reversed an election of 7 million voters which have voted to maintain the sanctity of marriage. One rat swallows 7 million!! Today they want to confirm a radical activist which detests the constitution to preside as a member of the Supreme Court. We need divine help to restore this country. Hashem we need you! And please remember Sholom Mordechai Halevi ben Ester.
Cher
A Machasheifa!!! Her end is NEAR!!!
Correctiom
Correction ITs sholom mordechai halevi Ben rivkah
Lewin is a genius
May it be the beginning of his Geulah!
Moishe
HOW DO WE START A PETITION TO DISBAR HER
to #4
you are praying for the wrong man
it’s Sholom Mordechai ben Rivka
ceo
Sholom Mordechai Rubashkin’s pure emunoh pulled this off. HaShem was in this from his emunoh and his bitachon AND HIS AHAVAS YISROEL and all the achdus that yidden displayed.
Now we can see how HaShem wants the achdus.
An Attorney
A sitting federal judge can only be removed by impeachment in the Congress, think Bill Clinton. At least, the trial should be thrown out, due to the fact that she failed to disclose to the defense her extensive involvement with the events that way preceeded the trial.Doesn’t sound like she could have been impartial, but this is not news.
Boruch
I stand corrected. Ben Rivka.
the truth always comes out
he should just be allowed to go home this is proof to show it was all rigged
To the Geulah
And G-d bless Nathan Lewin. He is one incredible powerhouse of a lawyer and a human being. You see Hashem’s koach in him. May Hashem bless him and all involved to bring about the biggest kiddush Hashem ever!
Boruch Hashem
And when he gets out, b’ezras Hashem, he should sue the court or Linda Reade (or both).
What a WITCH!
TO #14 I CAN’T AGREE MORE! WHAT AN INCREDIBLE HUMAN BEING! MAY HASHEM BLESS HIM AND HIS FAMILY AND THROUGH HIM MAY SHOLOM MORDECHAI’S FULL FREEDOM COME SOON!
FREE RUBASHKIN
what does mapalah mean? someone said haman should have thier mapalah
SUCH GREAT NEWS!!!!
Torah
VA-ASSISSEM LOY KA-ASHER ZUMAM LA-ASSOS
“You shal do to (punish) him the same way that he tried”
READ deserves 27 years in prison
i know
The Bill of Rights prohibits Congress from making any law respecting an establishment of religion or prohibiting the free exercise thereof, guarantees free speech, free press, free assembly and association and the right to petition government for redress, forbids infringement of “…the right of the people to keep and bear Arms…”, and prohibits the federal government from depriving any person of life, liberty, or property, without due process of law. In federal criminal cases, it requires indictment by a grand jury for any capital or “infamous crime”, guarantees a speedy, public trial with an impartial jury composed of members of the state or judicial district in which the crime occurred, and prohibits double jeopardy. In addition, the Bill of Rights states that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people,”[4] and reserves all powers not specifically granted to the federal government to the people or the States. Most of these restrictions were later applied to the states by a series of decisions applying the due process clause of the Fourteenth Amendment, which was ratified in 1868, after the American Civil War.
Sense
Just imagine every one of the millions of americans who presented illiginimate income document’s (and is now facing forclosure) would need to spend 27 years in prison??
AFRICA
Even in Africa the Prosicuters are not the Judges.
parking ticket
Even the parking ticket Judges are not the same who plan to give out the tickets
(Though they are also employed by the city (and biased) – all judges are employed by the government)
Reward them
Whoever uncovered these meetings and presented it should be named and rewarded.
correction to # 18
it says achiv (only if ur jewish) so she shouldnt get 27 she should get more!
Criminal Investigator
A major criminal investigation should be conducted on Read both on this case, on past cases, and on her fraudulent day to day life.
Judge - Criminal
If these are our Judges…
Who are our criminals???
Video
We need to uncover all the hidden meetings this fraudulent Judge had with the prosecutors.
They should obtain the cameras.
Order
Started…
1- Anti SHCITA and anti Kosher
2- Unions
3- Competition
4- Jew Hating Prosecutors
5- Fraudulent Judge plotting the raid with prosecutors.
6- Fraudulent Judge plotting and working for years to do everything to lock the rich Jew in prison
Thank G-d
Greate News. I hope these senaters try to impeach her. Thanks to all our tsidaka and davening Hashem may show who is boss.
to number 19
google much ? :P and this is totally wrong! he didnt stand a chance the second he walked into that courtroom !
Ha-mezape Liyeshua.
Mordechai is his name Ness Purim repeats itself ” Ve’Nahfoch Hu Asher Ha’Yehudim Yishletu Be’Soneheim Judge Reade read the Megila before you plan to take down Mordechai his first name is Shalom which is G-d’s name.For G-d sake leave him alone!
Let my people go.No YID belongs in Jail.!!!!!!
smr
the only question left is
who did rubashkin pissed off so much
that so many people wanted him out of iowa ?
to SMR
Don’t be naiive.
Who did the JEWS piss off so much that so many people wanted them out of their countries.
Eli
Rubashklin should sue Judge Linda Reade
FOR THE TROUBLE SHE CAUSED RUBASHKIN WHEN SHE ACTED AS THE JUDGE FOR HIS CASE ILLEGALLY.
Since Under federal law, Judge Reade was required to disqualify herself from serving as the judge in Mr. Rubashkin’s trial.
Judge Read Worshiper
On G-D its written
“I’m the Wittness, I’m the Judge, I will carry out the punishment”
About Judge Read:
“I’m the Plotter, I’m the wittness, I’m the Judge, I will make sure the plot works better than planned”
to SMR
who did rubashkin pissed off so much
that so many people wanted him out of iowa ?
—
Answer: the Mafia ridden corrupt unions who have politicians and judges in their pockets.
Frum Jew
These unions would never protect a bearded jew to work in a factory.
What good do they do for any frum Jew
Yellow Ribbons
Start tying the yellow ribbons.
we should protest
Unbelievable, its just glorify other cases that jews where sentenced very hard. Although i will say not all some.
the real name
its sholom mordechai HALEIVI ben rivka