Oct 3, 2012
Rubashkin Lawyer: It Ain't Over
Sukkos back in the day. Sholom Mordechai Rubashkin (R) with his father Aaron Rubashkin

The Supreme Court's refusal: Attorney Nat Lewin tells COLlive "It's not over" and what is Sholom Mordechai Rubashkin response?

By COLlive reporter

"The greatest injustice I have seen in more than 50 years of law practice" - that's how Nathan Lewin, lawyer for Sholom Mordechai Rubashkin, called the U.S. Supreme Court's rejection of his client's case.

He says the refusal to consider whether Rubashkin's sentence was excessive and whether he was entitled to a new trial based on alleged judicial misconduct in the case "was very distressing."

Rubashkin, 52 and a father of 10, was given a 27-year sentence for financial fraud after the government raided the Agriprocessors meat plant he managed in Postville, Iowa.

The case has sparked an outcry from members of the legal and Orthodox Jewish communities who supported Rubashkin's quest for a new trial, Reuters reported.

"But the legal battle is not over," Lewin told COLlive.com on Wednesday.

"There are, in American legal history, a few famous cases 'that will not die.' The Rubashkin case is in that league. The Torah teaches that tzedek does not come easily; it must be pursued."

Asked what else can be done, Lewin answered: "Even at this juncture, there are legal avenues for overturning a fundamentally unfair trial, but further elaboration is just not appropriate right now."


Agudath Israel of America, the New York-based Jewish communal organization which has been advocating for justice in the Rubashkin case, has released a statement Wednesday saying it was "deeply saddened" by the refusal.

"Serious questions have been raised as to the fundamental fairness of his trial and sentence, and he surely deserved a full hearing from our nation's highest court," the statement read.

"It is noteworthy that a broad and distinguished array of legal scholars and experts have declared the case to be a miscarriage of justice. As such, the justices have sadly squandered an opportunity to right a terrible wrong."


It is not clear when the news from October 1, the first day of Sukkos, reached Rubashkin, who is serving his term in a federal prison in New York State.

In an email written to his family - who passed it along to COLlive - Rubashkin wishes "a Guten Moied" and appears to be strong in his belief that things will take a turn for the better.

He quotes the old Jewish saying "gam zu l'tovah" (everything is for the best) and says that "what is clear and for sure is that Hashem will send His help very quickly and will bring me home to you :)".

Rubashkin added that trust in Hashem is applicable even when a person does not have any foreseeable options left.

"All we were asking for from the human justice was to allow ourselves to be heard as should be allowed in a civilized society, but it would not allow even to hear the arguments of a failure in their system, for the denial of a fair trial of a citizen," he wrote.

"Also, we were asking for an explanation for the extreme and unusual harsh punishment since no reason was given before, but shockingly there is a silence - an amazing lesson in what the posuk says "Al Tivtechu Bendivim Beven Odom..."

Most Read Most Comments
R' Sholom Mordechai Rubashkin says L'chaim in a Sukkah in Postville, in an undated photo
R' Sholom Mordechai Rubashkin says L'chaim in a Sukkah in Postville, in an undated photo
Sukkos back in the day. Sholom Mordechai Rubashkin (R) with his father Aaron Rubashkin and friends
Sukkos back in the day. Sholom Mordechai Rubashkin (R) with his father Aaron Rubashkin and friends

Opinions and Comments
what can still be done????????????
(10/4/2012 12:07:55 AM)
fighting for justice.
we must fight no matter what! never give up. yagati umazasi. think good and it will be good. if you work hard enough you will succeed!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(10/4/2012 1:04:57 AM)
lets act...
...and take on a hidur mitzvah - any mitzvah - just do something a bit better. We can do it, and HaShem can give us the yeshuah we are asking for!
A little girl shoved by simchas beis hashoeva. I stopped her and explained that she should say excuse me. She came back several minutes later, and instead of shoving again, she tapped me gently and ask if she could pass. I told her yes, told her how proud I was, and then gave her a dollar to show that it really means something to be polite. If a little child can change, so can we. Let's do it for Shalom Mordechai. Let's do it for HaShem so He can bring Moshiach Now! and free us all from this bitter galus!
(10/4/2012 1:10:55 AM)
like the storie of Dreyfus in France, nu only b'cause he was a Jew !!
so lets all together start demonstrations at the White House to continue the fight, for him and for Jonathan Pollard samething!!
(10/4/2012 3:20:38 AM)
meir rhodes
i'm ashamed to be an American citizen.this travesty of justice will go down in history along with the Dreyfus affair. the previous rebbe said America is not different. now you understand what the rebbe meant.
(10/4/2012 8:28:31 AM)
We need to demonstrate!
I think the entire orthodox community--all 100,000+ of us make a huge demonstration: We cannot let ourselves fail him!
(10/4/2012 10:46:21 AM)
Sholom Mordechai
We are not surprised, as we have seen it before. For sure the true Supreme Judge will free him , and all of us from golus Sholom Mordechai should go free now, as it is his merit to wake us up to the truth.
(10/4/2012 11:22:01 AM)
thank you to approve my words, so let's organize a demonstration at the UN and White House, where are you, all of you???
(10/4/2012 11:57:02 AM)
so whats happening now?
what is going to happen now? o! hashem!!
(10/4/2012 12:08:52 PM)
Seems the only option is a Presidential pardon, yes?
(10/4/2012 12:38:23 PM)
Rabbi Rubashkin and family - we are with you
What amazing bitachon you have in Hashem.
You have taught us all a great lesson in Emunah.
(10/4/2012 3:38:31 PM)
cute story
Late last night I had to take a bus ride for an appointment in a nearby large city 6 hours away. So today on the way back to the bus station (for trip back home) I was awaiting to flag a taxi to bring me the 8 miles to the bus station. I waited and waited and waited... no taxis passed by. Finally, out of desperation, I jumped on a city bus knowing that the bus would never get me there on time and told the bus driver the time of my bus and that if he sees a taxi he should flag it down for me and ill jump out of the bus. The bus driver tells me "don't worry, I can probably get you there on time myself". He thereby started weaving his city bus in and out of traffic as if he were driving a corvette, turning on reds and just flying through the streets of the city as if he were an immature teen that got his license yesterday. I arrived at the station and alas, the bus was still there. I immediately charged off the city bus and hopped onto the interstate bus, just as the driver closed the door behind me, and I made it thus in the nick of time.

I prayed plenty to make it to the interstate bus on time, but when I boarded that city bus, I never in a million years believed that city bus driver would be Hashem's shliach to save me much aggravation and stress (and a few kopeks!). You can never know the venue Hashem will choose tsu shicken a yeshuah, but please G-d RSMR's yeshuah should come speedily from conventional venue or otherwise.
(10/4/2012 4:52:53 PM)
Massive demonstration!
every Jew in America must pray together on the steps of the Supreme Court!
(10/4/2012 5:36:00 PM)
We must protest to Hashem! & to the public figures who are responsible to keep the streets safe from real dangerous criminals
this injustice is such an outrage!! we must not make a Chilul Hashem (by being silent)
The world looks to us (jews) to be a light onto the nations,
a light of morality & tzedek!

anything less than a vocal out cry is a definite chilul Hashem on our part, please publish contact info etc as to who we must implore (besides Hashem) & where the demonstrations will be!

the way we treat one yid is Ch"v becomes acceptable for others
(10/4/2012 6:35:01 PM)
Daloy Galus!!
Hashem Yerachem!!!!

Moshiach Now!!!
(10/4/2012 6:35:37 PM)
Hashem is waiting for us to act
Hashem will make our actions succeed, but, it is us who have to take the actions. If he were black, Washington would be burning now. Riots like Washington has never seen before is only one of the options. Peaceful demonstrations do nothing.

The guy who murdered a boy and cut him up got only 25 years for the murder. Big executives who defrauded the public by billions, not millions, got only 10 years.This gross injustice needs riots that will cause billions of dollars of damages in Washington, and maybe also in NY.
(10/5/2012 12:05:59 AM)
even if the court had overturned the ruling, do really think that the Executive branch would have listen to the court? remember, Rubashkin was one of Obama's (ym"s) projects
(10/5/2012 12:15:26 PM)
outraged at the libel!
Keep Obama out of it. We Jews should not make up lies and spread false theories. Do we want the Goyim to do same to us? The justice system in America is broken like our health care system. THere are 6,000,000 people sitting in our jails at any given moment. Yes, 6 million people for a population of 300,000,000. No other civilized or uncivilized country has such a high ratio of people incarcerated.
(10/6/2012 11:48:03 PM)
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