Op-Ed: No Comment on Rubashkin
President Barack Obama had no reservations attempting to block the execution of Humberto Leal Garcia, a Mexican man that was convicted in 1994 of the rape and murder of a 16-yearold girl in San Antonio. On July 5, 2011, The Guardian reported that: “The White House has asked the US Supreme Court to put the execution of Humberto Leal Garcia on hold while Congress passes a law that would prevent the convicted rapist and murderer from being put to death along with dozens of other foreign nationals who were denied proper access to diplomatic representation before trials for capital crimes.”
Of course we all also remember the president’s public comments regarding allegations of police misconduct in the arrest of Henry Louis Gates on July 16, 2009.
In that case Obama seized the opportunity to point out that “[r]ace is still a troubling aspect of our society” and implored all Americans to calmly ponder ways to improve race relations “between police officers and minority communities.”
While Obama did not intervene in the local matter, he did use the moment to reflect on wider concerns of addressing police-community relations.
COMPARE THAT to the president’s silence regarding the case of Sholom Mordechai Rubashkin, who was convicted of bank fraud and sentenced by District Court Judge Linda Rae Reade to 27 years in prison for his mishandling of a revolving loan from First Bank Business Capital of St. Louis, as well as other loans.
Aside from the fact that Judge Reade’s extrajudicial ex-parte secret meetings with the prosecution were wholly inappropriate and undermined the fairness of the trial, a sentence of 27 years should be reserved for the most hardened criminals in our society, not a first-time, nonviolent offense. The ACLU, the Washington Legal Foundation and the National Association of Criminal Defense Lawyers filed supporting briefs in the appeal.
District and appellate courts have repeatedly imposed and approved single digit sentences in higher-dollar-loss white-collar cases.
But the White House has not reacted to those appeals.
A White House petition documented that over 75 law professors, including three former deputy attorneysgeneral, and 47 members of the House of Representatives separately and independently wrote to Attorney General Eric Holder calling for an investigation into prosecutorial misconduct surrounding Rubashkin’s disproportionate sentence.
A staggering 52,226 signed that petition – the president promised he would respond to any petition garnering 5,000 signatures – but Obama has yet to reply to the specifics of Rubashkin’s case or even address the broader policy concerns surrounding sentencing disparities.
The Obama administration said only that “[w]ith respect to law enforcement matters, the Department of Justice is charged with investigating crime and enforcing our laws” and that there are already “mechanisms in place to investigate allegations of prosecutorial misconduct.”
Sentencing disparities are well documented in our criminal justice system. A substantive response addressing the merits of Rubashkin’s claims may not be expected, but the Obama administration’s deafening silence failed to even acknowledge the bigger policy issue surrounding sentencing disparities in cases of prosecutorial misconduct.
In this particular case a Jewish man received a punishment that does not fit the crime, but a majority of unfair sentences in the United States are handed down to black people, Hispanics and members of other minority groups. It’s shameful and insensitive that Obama would not even take the time to acknowledge sentencing disparities in our system, even if he reserved comment on the merits of this particular case due to understandable separation of power concerns.
Obama was quick to attempt to prevent an execution of a man convicted of the rape and murder of an innocent 16-year-old girl and comment on a local police incident that he believed had racial undertones. In the first three years of his presidency he has granted clemency 17 times, including for several drug-related convictions. In light of those examples, his silence in the case of a nonviolent first-time offender with widespread public support speaks volumes.
Today, we can only hope the Supreme Court grants certiorari, or even for the less-likely scenario of a presidential pardon for Rubashkin.
We can only hope and pray for one of these remedies to remove this stain of injustice.
The writer is a graduate of the City University of New York School of Law, where he served as an executive editor of the law review. He has advocated for gender equality in voting rights, sexual abuse awareness and better police-community relations in Crown Heights.
Milhouse
The cases are not even remotely similar. The federal government has a legal obligation to do what it can (which isn’t much) to stop Garcia’s execution. Having tried and failed, it can turn to Mexico with clean hands and explain that the matter was out of its hands.
The President’s comments about the Gates incident were foolish, and pretty widely condemned and/or ridiculed. But he didn’t actually interfere in the case; he just shot his mouth off.
What we would like him to do for Sholom Rubashkin is what he (or his AG Holder) did for the New Black Panthers, lehavdil. And that is highly improper. He shouldn’t have done it for them, and he’s right that it would be improper for him to do it for us. Which doesn’t mean he wouldn’t do it if he wanted to; he’s not a decent person and he has never let propriety dictate what he does before, so why should he start now? If he’s going to violate the separation of powers, let him do it for us. But the fact is that when he says “cholilo li”, that it would be improper for him to do as we ask, he’s actually telling the truth (for once).
Milhouse Response
Milhouse Federman raises your exact concern. He specifically cites separation of powers issues in the article. His point seems to be why didn’t Obama comment on the general policy concerns around unfair sentencing. I agree with Federman. Obama does not comment on the specifics of several other petitions but at least he addresses the overarching policy concerns…. Obama should have done the same here…
Milhouse
I also don’t believe it’s true that “a majority of unfair sentences in the United States are handed down to black people, Hispanics and members of other minority groups”. I’m not sure on what basis one can say that without examining and forming judgments on the merits of many cases, which would make the study very subjective.
Proffesor Fresser
I felt like the article didn’t really carry enough weight. He shouldn’t have mixed in the whole miniorities crap. I feel he should should have stressed the fact that so many legal experts were appalled by the judges decision regarding the sentence terms.
Its a lost cause anyhow. He was supposed to be a warning for others. In this economic climate they are going to try to show that they are giving the max sentence to “greedy” people.
In sum, if Obama and everyone screwed up by only commenting on … So what? 2 wrongs do not equal a right. Period
John
Obama already shared his thoughts about Rubashkin…back in August, 2008:
“When you read about a meatpacking plant hiring 13-year-olds, 14-year-olds – that is some of the most dangerous, difficult work there is…They have kids in there wielding buzz saws and cleavers? It’s ridiculous.”
If that’s what he thinks Rubashkin is, why help him?
chaim36
More effort should be made to get him to show REMORSE and REGRET for this huge chilul hashem he created. All other efforts are a waste of time.
Make BHO one term President
Cannot wait till November 2012.
IZZY
start a campaign to oust this racist Jew hating commie from the WH in 2012. this is the only thing that might help egg him on to get involved
99% of ppl who applied4 credit card
his crime of overstating the estimated total value of his company is not worth the treatment he was dealt even if he was unremorseful & outraged at his treatment from day one!
anyone treated the way he was would be equally suspicious of those proporting to execute justice!
if you judge others.... WATCHOUT!!!1
according to chazal, beth-din in heaven judges us according to how we on earth judge others!!
to #6, VERY GOOD
ding ding ding. this is the first time ive heard a PROPER response to this mess. everyone is rooting for this guy but lets be real he monopolized a town, pissed everyone off, now hes paying for it…
To all the haters!
the chilul hashem is allowing ppl like u to perpetuate exaggerated lies trumped up by ppl like yourself!
your hatred is something to discuss with a professional…
Milhouse
#6, Sholom did not create a chilul haShem. On the contrary, the way he has handled his suffering is a huge kiddush haShem. I know that I would much rather be in his position when he comes before the Kisei Hakovod than in the position of his “orthodox” critics who dress their viciousness in a robe of concern for “chilul hashem”. We were put on this world to do a toiva for a fellow yid, that is what Hashem cares about most of all, and Sholom has excelled in that.
DeClasse- Intellectual
I am surprised that this author of this article has mixed two different legal issues together even though as a graduate of the City of New York law School he should have known that these are two different cases. OBAMA’s appeal on behalf of Garcia was only a political ploy to gain more votes for his reelection campaign. In 2008, the United States Supreme Court decided in Medellon versus Texas that issue of diplomatic representation for a foreign national was a moot question because the United States was not a party to any such agreement; further United States domestic law was supreme and no outside country had a right to intervene into our judicial process to effect the evential outcome.
Now as far as Rabashkin goes, if Obama could gain the Jewish vote, it would be a different issue, but since that is not a reality we have silence of the President. Unfortunately, the whole matter will have to work itself out in the judicial system. We can only recite Tehilim and request for hqashem’s blessing in this matter,.
Oregano Wilkenson Taylor
SMR is actually the “fall-guy” for his father who is the real criminal. There has been a pattern of criminal activity on the part of SMR and his extended family stretching back at least 7-8 years. They have paid millions of dollars in fines and returned enormous sums money from “laundering” schemes and and bank fraud operations. It is very hard to separate the length of his sentence from the volume of crimes which he paid his way out of His lengthy jail sentence is a tragedy for sure, but if you spit in a goy’s face (unlike the Jew) he does not say “It’s raining.”. He spits back.
Oregano Wilkenson Taylor
SMR is actually the “fall-guy” for his father who is the real criminal. There has been a pattern of criminal activity on the part of SMR and his extended family stretching back at least 7-8 years. They have paid millions of dollars in fines and returned enormous sums money from “laundering” schemes and and bank fraud operations. It is very hard to separate the length of his sentence from the volume of crimes which he paid his way out of His lengthy jail sentence is a tragedy for sure, but if you spit in a goy’s face (unlike the Jew) he does not say “It’s raining.”. He spits back.