Shocking Disclosures Support New Rubashkin Motion For Judge’s Recusal


rubashkinFueled by new revelations in the Rubashkin case, a Recusal Motion filed last week by Sholom Rubashkin’s attorneys asks Chief Judge Linda Reade to disqualify herself from the pending 2255 Motion filed in October. The latest legal bid rests on new disclosures that Judge Reade violated the defendant’s right to due process of law by withholding important information from his attorneys before his sentencing.

To briefly recap, the 2255 Motion alleged this same ethical and legal failure on the part of thegovernment. Withholding information which was the prosecutors’ duty to give Sholom Rubashkin – material that might have significantly affected his sentence – turned the conviction and sentencing into a travesty of justice.

The 2255 Motion sought on multiple grounds to have the trial vacated or at the minimum, to have the outrageous 27-year jail term set aside or corrected.

It presented an array of documents and sworn affidavits that uncovered government strategies to block the sale of Agriprocessors while it was still generating up to $300 million in revenue annually.

The documents show that Iowa U.S. Attorney’s Office, led by Assistant U.S. Attorney Richard Murphy and Assistant U.S. Attorney Peter Deegan, schemed to bring the meat-packing plant to ruin. They orchestrated the destruction of Agriprocessors, denying and then concealing their actions from Rubashkin’s defense lawyers.

Facts in the record show that Murphy, Deegan and other officials of the USAO (U.S. Attorney’s Office) hampered the trustee’s efforts to re-sell the plant and to keep it operating so that it could continue to generate revenue to repay the company’s debts. At the time of bankruptcy, Agriprocessors was worth over $80 million.

“Mr. Rubashkin’s right to due process of law under the Fifth Amendment was violated when the government failed to disclose exculpatory information concerning actions it took to intimidate the Agriprocessor’s bankruptcy trustee and prospective buyers…. and when the government presented misleading testimony concerning this issue at Sentencing,” the 2255 Motion stated.

The prosecutors’ “forceful intervention quashed interest of prospective buyers, increasing the loss attributable to Mr. Rubashkin by potentially many millions of dollars,” the brief said. Read more at Yated Ne’eman.

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  1. The Rubashkin case is particularly interesting and sad to me. What it basically means is that anyone can be made a “criminal” if the government so chooses. American freedom is in danger because we are too busy to seek real justice for others and too dependent on a system that cares little for common sense and possibilities of innocence.

  2. #2, I agree,
    the government can choose who should be tried for the death penalty, the President can choose who to pardon.
    How many people do you know that managed to get off speeding tickets because of ridiculous technicalities.
    How many murderers and abusers are walking free because they have a good lawyer.
    Its a criminal clown system, not a justice system!

  3. Just can’t wait to see Shalom Mordechai out of jail and this criminal heartless judge and her accomplices standing trial and getting a harsh life prison term. Legally! That what she deserves

  4. In Judaism judges are rated by the amount of exoneration in America they are rated by amount of convictions.

    If a judge does not look tough them it means that it is a weak judge. An open invitation to convict anyone. I hope people really understand what this means.

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