Oct 2, 2012
Court Rejects Rubashkin Appeal

Shocking: Despite many briefs by countless legal experts, the U.S. Supreme Court declined Monday to review a 27-year prison term given to Sholom Mordechai Rubashkin. "This is a sad day for justice in America," said attorney Guy Cook.

Telegraph Herald

IOWA CITY -- The U.S. Supreme Court declined Monday to review a 27-year prison term given to a former kosher slaughterhouse executive convicted of financial fraud following a huge immigration raid at an Iowa meatpacking plant.

Without comment, justices declined to consider an appeal filed by former Agriprocessors Inc. vice president Sholom Rubashkin as they opened their new term. The decision lets stand Rubashkin's conviction on 86 counts of financial misconduct and a prison term that could lock up the 52-year-old for the rest of his life.

Rubashkin was convicted in 2009. His arrest came after federal immigration authorities raided the plant and arrested 389 illegal immigrants in 2008.

Rubashkin had argued that U.S. District Judge Linda Reade, who presided over his trial, could not be impartial because records showed she met with investigators to plan the logistics of the immigration raid.
He also argued his prison term was too long for a first-time, nonviolent offender.

Rubashkin hired Paul Clement, a top Washington lawyer and former solicitor general under President George W. Bush, to pursue the appeal, which the American Civil Liberties Union, a group of former attorneys general and other legal experts also supported. Clement's office didn't immediately return a phone message.

"This is a sad day for justice in America," said Des Moines attorney Guy Cook, who represented Rubashkin at trial and is still involved in his defense. "It is remarkable the Court would ignore the many briefs submitted by a cross section of legal experts urging the court to review the case."

In urging justices to deny the appeal, the Office of the Solicitor General argued Rubashkin failed to prove that Reade should have recused herself or that he suffered any actual bias as a result. Reade has said that she was never informed who the target of the raid would be or where it would take place. Instead, she was involved in bringing in enough judges and court staff to have hearings at an offsite location, the National Cattle Congress in Waterloo, which was used because of the large number of defendants.
The solicitor general's office also noted that Rubashkin's sentence was within advisory guidelines.

The 8th Circuit Court of Appeals upheld the conviction and sentence last year.


Most Read Most Comments


Opinions and Comments
1
crazy
so is this it is he "locked up for life"? (untill moshiach comes?)
(10/2/2012 7:36:30 PM)
2
shocked
are u kiding me after a thay went through?!
(10/2/2012 7:41:40 PM)
3
ad mosai
our only solution is to beg hashem for moshiach now!!!!!!!!!!!!!!!!!!
(10/2/2012 7:42:44 PM)
4
oy...
This is so sad. And so UNFAIR.
legal experts agree this was not a fair sentence.
What is going on???
(10/2/2012 7:43:11 PM)
5
AD MOSAI!?
Oy we must keep davening-MOSHIACH NOW!!!!!!!!
(10/2/2012 7:59:02 PM)
6
obama pardon?
is this a real possibility?
(10/2/2012 8:01:54 PM)
7
NOOOOOOOOOOOOOOOO
This is horrible!@ Moshiach Now! May he have a yeshuah very soon!
(10/2/2012 8:02:30 PM)
8
Boruch N. Hoffinger BS"D
It's time for a massive demonstration in Washington D.C. This 'Supreme Court' decision is brutal and cruel...totally unjust and bestial...totally unAmerican.
This is the beginning of the ruination of 'America the denial of Beautiful' and 'One Nation, Under G-d, With Liberty and Justice for All!'
Shocking and ugly...nauseating and unjust!
(10/2/2012 8:04:30 PM)
9
pity party
oy
(10/2/2012 8:08:43 PM)
10
this is insane
isn't there a saying america is a free country and it has " fair justice" and i dont think this is "fair justice". a true criminal gets like 3 or 4 years and he gets a life sentence .
(10/2/2012 8:11:59 PM)
11
this is crazy!!
!!!
(10/2/2012 8:12:24 PM)
12
bs!!!!
this is soooo wrong!!!!
(10/2/2012 8:12:28 PM)
13
?!?!?!
u call this justice!?!?!?!?
(10/2/2012 8:18:05 PM)
14
not fair
whats there problem he is an honest man
(10/2/2012 8:20:51 PM)
15
this justcie system NEEDS help
(10/2/2012 8:21:04 PM)
16
insane
unreal!!!
(10/2/2012 8:21:10 PM)
17
WHAT NOW?
(10/2/2012 8:22:58 PM)
18
justice = just ice?
The word justice can be split to two. Just ice.
ICE is the force that stormed ubto agri...

Why is it Just ice whom the court wants to hear?
(10/2/2012 8:24:39 PM)
19
Excuse me?!
When all the Arabs and Muslims are rioting against ridiculous things (stupid video on youtube, etc), we have NEVER rioted!! this calls for riots!!
(10/2/2012 8:26:28 PM)
20
obama
its eric holder
(10/2/2012 8:30:29 PM)
21
It's Eric Holder he's behind it all.
(10/2/2012 8:36:15 PM)
22
boruch dayan haemes
very sad indeed
(10/2/2012 8:42:45 PM)
23
time to arm ourselves
this country is getting more and more anti semitic.

Never again...first they go after kosher and then they send us to the gas chambers.
(10/2/2012 8:48:33 PM)
24
so sad
My heart breaks for him and his family.
(10/2/2012 8:48:39 PM)
25
What now?
What now? Can we arrange mass demonstrations.
(10/2/2012 8:49:09 PM)
26
It seems like the Trayvon's proponents got it right.
Trayvon Martin caused riots and zimmerman was locked up. Once again we watch our brother get locked up and nothing. Hows about some serious protests.
(10/2/2012 8:51:08 PM)
27
protest in DC
it is the only option
(10/2/2012 9:17:06 PM)
28
# 8
That's what I've been saying for a year. A mass demonstration like the likes that have never been seen should be organized on Washington Hill, all together as one achdus. Who will do this? Lewin? Who? Maybe Shemtov.
(10/2/2012 9:21:32 PM)
29
Riots.
Back in 91. There where Crown Heights Riots. (Becase TWO Cars went trough RED LIGHTS) I Reamember! And it was Prety bad. Why Can't we Riots againts the Justics????? Same thing no???
(10/2/2012 9:23:05 PM)
30
PARDON
Thats it, we must have every lubavitcher sign a petition to pardon Shalom Rubashkin to president obama!
(10/2/2012 9:25:56 PM)
31
Moshiach Now!
Terrible! sad news, need moshiach now to end this horrible golus for the rubashkin family and all klall yisrael!
(10/2/2012 9:30:07 PM)
32
everybody here is writing about protests,
But unless nobody arranges, hire 10 buses, take the whole ch, Williamsburg, Boro park, etc nothings going to happen,
Hammase hu haeikar,
And letting this happen without doing action is like shfichas damim mamash,
The rambam says
כל רגע שמאחר לפדות השבוים היכא דאפשר להקדים הוי כאילו שופך דמים (רמב"ם מתנות עניים פ"ח י', יו''ד סי' רנ''ב)
(10/2/2012 9:32:43 PM)
33
WE MUST DEMONSTRATE
WE MUST ORGANIZE MASS DEMONSTRATION IN WASHINGTON!!!!!!!!
(10/2/2012 9:33:33 PM)
34
t123
The only option left i n addition of saying Thilem is a Presidential pardon. Remember no Republican president ever pardoned a frumme yid. President Clinton pardonned the Sqwerers and Pinky Green Vote for Obama and hope for the best
(10/2/2012 9:35:41 PM)
35
Quiet
the less noise the better. the less political pressure the better. the Americans r like the Russians they dont like political pressure they will act against it!!!!!! this was always the rebes shita
(10/2/2012 9:43:24 PM)
36
i just locked myself in a room and cried for an hour...
I couldn't figure out why this was affecting me so much- him being rejected. Just the word. Rejected. So cold. Icey- like one comment said.
God. Now we need a miracle. We need Moshiach, this is not even normal.

and by the way, all those suggesting riots: Rioting would be pleading for help from the US government. We've already tried getting help from them, for years now, and look where it got us! Get used to the fact that the "Justice System" is not, and never will be, on our side. Beg help from Hashem. That's the only option.
(10/2/2012 9:49:23 PM)
37
where is the crown heights counsel to organize this
(10/2/2012 9:51:37 PM)
38
to #34
Could be no republican ever pardoned a yid. But No president ever hated israel as much as obama vote mitt romney republican!!!
(10/2/2012 9:51:51 PM)
40
this is the way
https://www.change.org/petitions/tell-the-supreme-court-rein-in-over-sentencing-prosecutorial-power?utm_medium=email&utm_source=share_petition
(10/2/2012 9:53:18 PM)
41
why????????????????????????????????
this makes absoulutely no sense at all, what is he a murder? you dont give someoe 27 years for a crime that max eople get 2 years!!!!!!!!!!!!!!! this is just pure anti-semitism!!!!!!!!
(10/2/2012 9:55:57 PM)
42
March on DC
I second a protest in DC...Shluchim organize communities, Anash organize transportation and lets make a shturim...We do not give up! We decide what we need to do next. It is not over!
(10/2/2012 10:13:04 PM)
43
terrible
my heart goes out to him
(10/2/2012 10:13:31 PM)
44
we need a PLAN
Its time to get him out of there, at any cost, this is insanity, sounds like a Russian sentence not an American one! I thought we lived in a Democracy with a FAIR justice system, terrible
(10/2/2012 10:13:34 PM)
45
um, what should we do now?
liare there any new petitions to sign or something? i don't just want to sit around, waiting. is there a website, a new video to get a million hits for? what should we do?
(10/2/2012 10:23:52 PM)
46
Ad mosai?!?!?!?!?
What can we do now to help, other then daven ofcourse
We MUST take action ASAP .this is insane
(10/2/2012 10:29:57 PM)
47
2016
Shalom Rubashkin will be pardoned by Obama, but it won't happen for another four years.
(10/2/2012 10:42:23 PM)
48
WE NEED A MIRACLE!
only Hashem can help!
MOSHIACH NOW!
(10/2/2012 10:47:28 PM)
49
So sad
We need to pray
(10/2/2012 10:47:53 PM)
50
Geula!!!!!!!!!
(10/2/2012 10:48:16 PM)
(10/2/2012 10:51:34 PM)
52
ad mosai
ad mosai ad mosai ad mosai !!!!!!!
(10/2/2012 10:54:29 PM)
53
I'm sick to my stomach!!!!
Ad mosai!!!!
(10/2/2012 10:54:33 PM)
54
man
obviously the u.s. supreme court is completely incompetent
can't even make rational decisions
(10/2/2012 10:58:25 PM)
55
Huge demonstration at white house!!
We must demonstrate all Jews together!!! Thousands of Jews benefitted from his family's tzedokah. Let's organize something now and bring all the Tishrei guests that ate by thousands by their family members!
(10/2/2012 11:00:12 PM)
56
Americaa is not just New York, Washington and LA
I suppose that we must face the fact that we live in an anti-semitic country! Barak Chussein Obama is certainly a Jew hater, and he will pardon Sholom Mordechai as soon as he pardons Pollard.
(10/2/2012 11:06:26 PM)
57
we need more ujnity!!!!
http://www.youtube.com/watch?v=F_iZJnFyxOY
(10/2/2012 11:12:26 PM)
58
Yes let's protest !!!!!
We can't just let him sit there
(10/2/2012 11:15:50 PM)
59
schedule
schedule demonstration for Isru Chag when Yeshivos closed
(10/2/2012 11:27:12 PM)
60
no justice
America has a messed up legal system
(10/2/2012 11:34:40 PM)
61
crazy
crazy!!crazy!!! crazy world!!!!



(10/2/2012 11:39:59 PM)
62
this cannot pass by without any noise
jewish blood is not cheap.
what we should just sit here and let them get away with murder,
no way we must dig up every jew in new york and demonstrate and protest to the injustice of this court
dont let them get away with it those pigs washington wont have peace and quiet until justice is preserved
(10/2/2012 11:40:42 PM)
63
a fellow Jew
We need to demonstrate in D.C. with a few million people. and not just once but once a week for several weeks perhaps for 8 weeks with the promise never to stop until TRUE JUSTICE is done!
(10/2/2012 11:56:24 PM)
64
donate
where can i donate tzedaka money to this cause? awful.... i'd like to do anything i can to help - what website?
(10/3/2012 12:33:27 AM)
65
Just don't get used to the sitch Plz
Just say tehilim vhu yechalkelecha
(10/3/2012 12:44:40 AM)
66
Obama will pardon
Thats why we should vote for Romney, presidential pardons come at the end of the president's term in office, Min hashomayim it was pasknd that Obama will pardon him, vote for Romney so Sholom Mordechai will get out sooner!!!! Amen!!!
(10/3/2012 12:57:25 AM)
67
to 53
Yeah that's all we need....a whole bunch of illegal Israelis protesting at the white house with broken English........
(10/3/2012 12:58:57 AM)
68
the source of our problem
i was thinking after i heard the about the denial for an appeal. why would the supreme court not do any thing about this injustice and a thought struck me it must've been an order from the higher echelons whom they are forced to obey my guess whoever is on top of the supreme court e.g. obama
(10/3/2012 1:19:55 AM)
69
Let's do it the real way!!!!!!
Obama wont pardon Rubashkin unless Hashem wants him to, so I suggest we each take on a hachloto in the merit that Rubashkin be freed.
(10/3/2012 1:24:07 AM)
70
demonstrate immediately
only with pressure to the white house will this be overturned
(10/3/2012 2:11:32 AM)
71
nebach
this is distgusting i am heartbroken
(10/3/2012 2:15:31 AM)
72
NO JUSTICE, NO PEACE!!!!
lets get rev. Al yimach shmo to prove he's not an antisemite as he claims. Then lets flip some DC cop cars and light them up... For too long the jewish people have been nothing more than a bunch of pathetic whiners whom nobody takes seriously. The jewish lobby is impotent in attaining any goals or any outcomes. Where is that whining loser Abe Foxman saying this is "antisemetic"? Where is the JDL? This is freaking ridiculous. And the jewish "sheeple" will do NOTHING about it. We Suck. And I am not some self hating Jew I am a proud jew who is embarrassed by the meakness of our people.
(10/3/2012 3:07:15 AM)
73
we need more achdus!!!!
http://www.achdustorah.com/
(10/3/2012 3:19:01 AM)
74
power of רבים
https://www.change.org/petitions/tell-the-supreme-court-rein-in-over-sentencing-prosecutorial-power
(10/3/2012 3:29:04 AM)
(10/3/2012 3:49:01 AM)
76
דידן נצח!!!
(10/3/2012 3:51:41 AM)
77
Mass Protest!!
We need to have a MASS protest, include the Reilgious Christians - get Glenn Beck involved - get this all over the media. This is the only way the Supreme Court will consider the case in two years or Romney to pardon Shalom if he wins! I live in Israel or I would be there on the steps of the supreme Court now with a sign!
(10/3/2012 4:19:33 AM)
78
ITS CHABADS FAULT
Were is Shemtov in washington? Why is there no words from the crownheights Rabbonim ? How come chabad does not put in all the jewish news papers to make a mass demonstration at washington? Shulchan Aruch says we need to sell a sefer Torah for Pidyon Shevuyim
THIS IS SICK WHATS GOING ON
TODAY THERE IS NO CHABAD .
SHAME SHAME SHAME !!!!!!!!!!!!!!
(10/3/2012 4:29:24 AM)
79
A grosse yeshua iz kimt!
The Abeshter is going make an even bigger nais. Just when the reshoim thought they won R. Sholom Mordechai is going to see a big yeshua bikorov mamish amen seloh!
(10/3/2012 4:29:55 AM)
81
To 78
the world is not as small as you think. 1 person in Washington, All the Jewish news papers and a Mass demonstration is all a drop in the bucket to how many people there are in Washington, how many papers there are and how many people there are at demonstrations. All those things are not but are , unfortunately, unlikely to make a slight difference.
(10/3/2012 9:41:49 AM)
82
to #18
wow you are BRILLIANT :)
(10/3/2012 10:26:52 AM)
83
ITS TIME FOR ACTION
It seems the only way to get justice it this country is to RIOT. A mass demonstration must immediately be organized - and if you really want it to have any impact/to get results - a mass riot must break out.- I'm talking full scale riot - Flipping and burning cop cars, going head to head with police with hundreds of arrests. We have to take a stand - We have to be heard - We have to be taken serious - Enough already. You see the Blacks and the Arabs seem to have their causes and cases taken serious after they riot.
(10/3/2012 10:30:54 AM)
84
Stop your crying
Like our Forefather Yaakov - When preparing to meet Aisav - He tried all the peaceful methods - praying, negotiating - and he prepared for battle. Now is the time for Battle. As Yehuda was prepared to take on Egypt if Benyamin wasn't freed - so too, we must take on those who hold our beloved Shalom Mordechai captive. No longer can he wait for Divine intervention - Human intervention is what is needed now - We must storm the court house - Burn it down if we have to - Thousands of us must gather and be prepared to fight - let them fill the jails to capacity and still have thousands more to deal with. THEN AND ONLY THEN, will they listen. THEN AND ONLY THEN will they respect us. THEN AND ONLY THEN with Shalom Mordechai get justice.
(10/3/2012 10:47:00 AM)
85
HERE HERE #72
I too am sick and tired of doing nothing. I'm all prayed out. I am ready for action - WE NEED ACTION, NOT WORDS. The people only understand and take heed to ACTION. No more petitions - No more ads. NOW IS THE TIME FOR A FULL BLOWN DEMONSTRATION. One that promises to get ugly - VERY UGLY if justice isn't done IMMEDIATELY. Watch how fast people will take notice - Watch how fast things will get done - Justice will have no choice but to open it's eyes.
(10/3/2012 10:58:31 AM)
86
Anti-semitism
There is anti-semitism at the core of it all, it hangs over a Jew's head constantly. Deep down, we all know we can never "riot" the way the other nations "riot" -- look at what happened when one Jew made some minor mistake-- he got 27 years in jail. Look what happened to Jonathan Pollard. We know if we dare "riot" we will be locked up for many more decades then them. Look at any Jew living in eretz yisroel, living a life peaceful life of Torah and mitzvos, supplying humanitarian aid to the nations around them who want them dead-- and for this a Jew is called by the world a "Nazi"? Aisev sonai Yaakov. There is a double-standard always between Jew vs. non-Jew. Only by miracle has our nation survived, a lone sheep amongst 70 wolves. There is no assurance that there will never be a holocaust again. The galus is bitter and deep. Anti-semitism is still there just as much as ever.
(10/3/2012 11:27:51 AM)
87
america
and this is what they call america???
(10/3/2012 11:47:40 AM)
88
obama wants to win the elections in november, right?

so THIS is what we should do. we'll make a promise to barack that if he pardons this case, all the jews - or at least his supporters- will vote for him. then he can win! and smr will be free! genius!!!
(10/3/2012 11:49:48 AM)
89
תשובה ותפילה וצדקה מעבירים את רע הגזירה
(10/3/2012 12:22:34 PM)
90
shluchim
the shluchim convention should be held in DC in front of white house!
(10/3/2012 12:25:00 PM)
91
oy vay
this is goluse
(10/3/2012 12:39:28 PM)
92
oh my gosh!
hashem yishmor ad mosi! they can let peoples who do worse things go scot free. but frum jewish peoples who do basically nothing cant go scott free let alone get a decent time in jail. i am absolutley disgusted! we need moshiach now!
(10/3/2012 1:44:27 PM)
93
What we can all do to help!! its up to Hashem now!!!
its always up to Hashem! lets all strengthen in our own personal path to Hashem & beseech Hashem for this family of chesed & compassion!!
Ad Mosai!!!!

The Frierdiker Rebbe always said, Chazaka LeTaamula She'Eino Choizeres Reikum!

surely our tfilos & hachlatos will help & soon pay off!!!
(10/3/2012 2:39:03 PM)
94
Sad
Do you know how ridiculously inept most of you commenters sound? Yes, we feel bad for Rubashkin, and we should continue to daven and support him. But crying antisemitism and shouting for protests demonstrates a complete lack of understand as to what the Supreme Court is. SCOTUS is not an appeals court, and it turns down the vast majority of cases, not just Jewish ones. The only cases SCOTUS takes are ones that are needed to clarify law and to set precedent for future cases. Rubashkin lawyers certainly had the right to appeal to the Supreme Court, but that was a long shot at best, and it was never likely that the court would take the case.

If you want to be angry, be angry at his attorneys who pushed him to fight this instead of admitting guilt way back when. Had he had done that he'd have been sentences to 12 years and out in half. Look at the Spinka Rebbe and how his case was handled, a little humility and acknowledgment of wrongdoing went a long long way.

This has NOTHING to do with anyone being frum or not. It has everything to do with an over zealous prosecutor and a judge who, while harsh, still sentenced within guidelines, and a defendant who was defiant and refused to accept responsibility in any way, shape, or form.
(10/3/2012 3:20:21 PM)
95
a frend
this veeshes decishen reminds me comenist russia
(10/3/2012 4:07:00 PM)
96
Protest
to Hashem. Achdus gatherings to incress in Torah and Mitzvos!!!!!!!!
(10/3/2012 5:20:41 PM)
97
minyaner
#94. couldn't have said it better myself
(10/3/2012 5:21:59 PM)
98
mosiach now
שמחת בית השואבה!!!
(10/3/2012 5:49:32 PM)
99
NO RIOTS!!!
i believe that violence and wild behavior is not the right way!
we are Jewish and menchen...we don't do these sort of things...
BUT! there must be something else!!!!!!
perhaps we can protest in a different sort of way??
(10/3/2012 6:04:05 PM)
100
did you know
its a big zcush !!! http://www.achdustorah.com/
(10/3/2012 6:29:14 PM)
101
to comment 94
you are sickening. and i mean it.
(10/3/2012 7:35:24 PM)
102
your inacent
the judge should be ashamed of him selPr
(10/3/2012 7:46:04 PM)
103
To # 94
Be careful not to judge someone. Many times when we do, Hashem places us in similar situations to see how we would react. Why should anyone plead to something if in their heart of hearts they know they did nothing wrong?! It is obvious that you have no personal knowledge of the "justice" system in this country (BH) but that is how the legal system is set up. For anyone accused of anything to PLEAD GUILTY. Do you have any idea what kind of turmoil and chaos it would create if everyone who was accused of wrongdoing would NOT plead to something..... it would wreak havoc! Very simiar to the public school system. If every frum jew in the tri state area would register their child in a public school there would be chaos. The city would be forced to distribute vouchers to every tax paying resident. Finally, PRAY THEY NEVER COME AFTER YOU. You will change your tune real quick.
(10/3/2012 8:01:03 PM)
104
To comment 94
You make me sick also. Your lack of understanding of the entire case is replusive.
(10/3/2012 8:08:07 PM)
105
To #88
But then we'd be stuck with Obamy for another 4 years. Not worth it for some cheap promise from a goy
(10/4/2012 12:04:22 AM)
106
To 103
I am #94. And I read and reread and then read your comment once again, and honestly, I can't figure out what on earth you are saying. Your reference to schooling though is noteworthy, only in that if you actually had attended one your comment might have been intelligible.

And your assertion that I have no personal knowledge with the justice system, despite that begin "obvious" to you, is incorrect. I actually do know how the justice system works, and I also have a very good understanding of the appellate process and the role of the Supreme Court, something that most on this thread seem to lack.
(10/4/2012 11:31:34 AM)
107
Help hashem
ה׳ ישמור god willing hell be out just pray all we can do
(10/4/2012 12:23:59 PM)
108
#45
u cud go on the website juticeforsholom.org
(10/4/2012 8:32:20 PM)
109
To comment #94
There is an old Yiddish saying:"Az es tuht vei, shreit men." You may (or may not) be more knowledgeable (in certain areas) than those you are criticizing, but you come across as one self- righteous,cold fish. People are hurting and all you can come up with is your disdainful " You people..." type comments. Then again, what else can be expected from someone who's "So in love with the law" he's " Forgotten common sense." (That's a terrific quote from Ogden Nash not generally taught in the public school system.)
(10/7/2012 2:03:24 AM)
110
Very sad
All these people trying to Get him locked up forever should feel the pain and ten times more they should go and stay in gehenim forever
(10/7/2012 8:24:15 PM)
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