Des Moines, IA – The court schedule of a federal judge who faces allegations of bias in the financial fraud trial of Sholom Rubashkin has raised fresh questions about judicial impartiality.
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Defense attorneys argue that Rubashkin, who is serving a 27-year sentence, deserves a new trial because U.S. District Chief Judge Linda Reade failed to disclose all of the meetings she held with prosecutors before a 2008 immigration raid on Agriprocessors, a kosher meatpacking plant in northeast Iowa where Rubashkin served as an executive.
Oral arguments are scheduled for the afternoon of June 15 at the 8th U.S. Circuit Court of Appeals in St. Louis.
That morning, Reade – a judge in the Northern District of Iowa temporarily filling in on the appeals court – will hear cases with two of the three judges who will later listen to arguments in Rubashkin’s appeal. Reade is also scheduled to sit with the same judges a day earlier.
The scheduling is unfortunate because the subject of the appeal is judicial impartiality, said Steven Lubet, a law professor at Northwestern University.
However, he said he doesn’t expect it to disqualify any of the judges from hearing the case.
“I would call it awkward, but I don’t think there’s anything more to say about it,” he said.
The court does not view the schedule as a problem because judges “studiously avoid discussing pending cases,” said Michael Gans, clerk of court for the 8th Circuit.
“I’m sure if the two judges who were sitting on the case thought it presented a problem, they would have directed me to make other arrangements,” Gans said.
Reade’s decision to sit on Rubashkin’s 2009 fraud trial, in which he was convicted of 86 fraud charges, has drawn criticism from many legal experts.
Reade had previously acknowledged that she worked with the prosecution on logistics before the raid to ensure attorneys and interpreters would be available for the 389 workers arrested on immigration charges, but offered no further details.
The defense argued Reade failed to disclose that she began meeting with law enforcement officials more than six months before the raid, and that she discussed topics far beyond “logistical cooperation.”
Lubet, the law professor, said he can’t imagine why Reade decided to sit on the trial.
“Why not have a judge who had nothing to do with the prosecution, instead of one who had devoted significant time and energy into facilitating it?” he said.
Read more at The Des Moines Register
“all i can say is it’s awkward”
Is the end of the article they say “It’s common for district court judges to fill in on the appeals court. Reade last did so in 2007, court records show”
Last time she filled in was 5 years ago and now she will do it with two of the three judges who will later that day listen to arguments in Rubashkin’s appeal. What a coincident !!
This is as shocking as it gets Rubashkin will probabley lose it
No question Judge Reade has manipulated the schedule to meet this 2 judges the same day when they will listen to Rubashkin Oral arguments
The Jewish Community has to stand up in arms, and Protest against this Blood Massacre that is being done to a member of the Jewish people. This is a major misdeed against the whole Jewish Nation.
Reade should recuse herself from the appeals hearing. If not, and this goes to a further appeal, her presence on the appeals court will also be the subject of an appeal.
in the end it will IY”H be “DIDON NETZACH”
I know nothing about the legality of all this, but is this the great USA?
Whether it is legal or not, it seems totally unethical and inhumane. Why don’t they give a chance for Rubashkin to assemble some of his influential friends to have dinner with these 2 judges the night before the hearing? Would that be legal?
If there is a goal to have ordinary citizens trust and belief in the US justice system, something drastic needs to be done to prevent these types of occurrences. It defiantly smells bad… are there no other judges available on the 8th circuit or in that region?
The actions displayed by this marshaas Reade is certainly one of guilt.
Don’t put your hopes on American court system. Trust in Hashem only. We need your prayers. Only Hashem can help. Even if we can’t figure out how.
We have to make this a national issue not just by us but by every person in America
Never heard anything as absurd as this.
The main component of the appeal consists of proving that Judge Reade was not impartial, and now she’s the judge who has to decide the validity of the complaint??
Is it not possible for Rubashkin’s attorneys to refuse to appear – for whatever reason – and force a reschedule the hearing.
If this appeal goes forward with Linda Reade as a part of the panel, then perhaps we are throwing millions down the sewer! It makes no sense to spend all this money while going around in a circle and knowing the defense will get nowhere! Can the defense actually be made to present before Judge Reade? Would somebody please explain?
She is not listhing to the Rubashkin Case please read what the paper says
“That morning, Reade – a judge in the Northern District of Iowa temporarily filling in on the appeals court – will hear cases with two of the three judges who will later listen to arguments in Rubashkin’s appeal. Reade is also scheduled to sit with the same judges a day earlier”
The issue is she will be sitting with 2 of the judges who will later that day hear the
Rubashkin Case
Please this is no coincidence. This is staged by Reade.
Judge Reade, you are a shame to American Justice system!
Why shouldn’t Sholom Rubashkin then be able to hear his own case and judge upon it? Who gives the circuit judge the rights to have such a privilege over the accused?
I’d like to be a fly on the wall when the judges are alone or at lunch. There must be a chief federal judge with a brain that can rearrange the schedule. Corrupt-Justice oxymoron.