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Supreme Court Makes Mockery of Justice, Declines to Hear Rubashkin Appeal

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In a decision that has sent shockwaves throughout the Orthodox Jewish community, the United States Supreme Court this past week formally declined to hear an appeal by former Agriprocessors executive Sholom Rubashkin on his conviction and prison sentence for bank fraud. The country’s highest judicial body rejected the glatt kosher meat producer’s request to undergo a new trial and have his 27-year jail sentence reduced, bids that an appeals court had previously upheld as “reasonable.” In his request, Rubashkin claimed that his lengthy incarceration – imposed for 86 counts of financial misconduct – violates federal sentencing laws for a first-time, nonviolent offender.

Convicted in 2009, the 52-year-old Lubavitcher chasid had been arrested after federal immigration authorities raided his meat processing plant – which housed the nation’s largest kosher slaughtering house – and arrested 389 illegal immigrants in 2008. Rubashkin had argued that U.S. District Judge Linda Reade, who presided over his trial, was not an impartial judge in his case because records revealed that she had met with investigators to plan the logistical details of the sweeping immigration raid.

In addition to his primary attorney, famed Orthodox lawyer Nathan Lewin, Rubashkin hired Paul Clement, a highly regarded Washington attorney and former solicitor general under President George W. Bush, to pursue the appeal, which was supported by the American Civil Liberties Union, a group of former attorneys general and a number of other legal experts.

“This is a sad day for justice in America,” stated Des Moines attorney Guy Cook, who represented Rubashkin at his 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 the Supreme Court justices to deny the appeal, the Office of the Solicitor General argued Rubashkin was unable to prove that Reade should have recused herself or that he was the victim of any actual bias as a result of her involvement in his case. Reade has argued that she was never given the identity of the raid’s target or where the raid would take place. Rather, she contended, she was only involved in bringing in enough judges and court staff to enable hearings at an offsite location, the National Cattle Congress in Waterloo, which was utilized as a venue because of the large number of defendants.

The solicitor general’s office also pointed out that Rubashkin’s sentence was within advisory guidelines. The 8th Circuit Court of Appeals upheld Rubashkin’s conviction and sentence last year.

Upon learning of the high court’s decision, Agudath Israel of America released the following anguished statement. “Agudath Israel of America is deeply saddened by the Supreme Court’s refusal to review the case of Sholom Mordechai Rubashkin. 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. 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.”

Rubashkin’s family publicized comments that he wrote from prison following the latest ruling. “What is clear and for sure is that Hashem will send His help very quickly and bring me home to you,” the incarcerated husband and father said. “We have bitachon (belief) in Hashem in our time of need.” Rubashkin went on to note that true, deep-seated trust in the One Above means accepting His ways no matter how difficult the circumstances may appear. “Being in G-d’s Hands is the only Hands I want to be in,” the fervently devout prisoner wrote, “and Hashem will pull me out of the pit I am in and bring me home right away.

Rubashkin’s plight – especially after his sentencing – has been the focus of great attention across the spectrum of the Orthodox community, with numerous mass gatherings held to keep his case in the public consciousness and raise funds to cover the massive legal fees accrued from his sustained legal fight. Countless supporters signed a petition asking for justice from the judicial authorities, and a website entitled justiceforsholom.org highlighting the alleged injustices in his case has been running steadily. Rabbinical and organizational leaders who spoke out publicly on his behalf made it clear that – while they absolutely do not endorse any type of business or financial wrongdoing that the accused may have committed – they were convinced that Rubashkin’s decades-long prison sentence was unusually excessive and unfair, especially when compared with similar convictions and sentences.

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