Rubashkin Attorney Speaks Out About New FOIA Lawsuit December 21, 2012 9:15 am
An attorney from the Washington-based Jones Day law firm, in an exclusive interview with the Yated newspaper, said he hopes a current multi-pronged FOIA lawsuit on behalf of Sholom Rubashkin will uncover significant evidence that can be instrumental in gaining relief for him.
The lawsuit was filed by Mr. Larry Rosenberg in September 2011, in a second, much broader effort to obtain full disclosure from all four federal agencies involved in the 2008 federal investigation leading up to the Postville raid, and the subsequent Rubashkin trial.
“What’s undeniable, based on the record,” Rosenberg said, “is that there was an egregious breach of judicial ethics on Judge Reade’s part. She became so deeply invested in the criminal investigation that she lost objectivity and made matters worse by failing to disclose this involvement.”
“At the time, the defense team had no idea Judge Reade was so compromised. She had refused other requests for recusal from other defendants in the case – and as every attorney knows, you antagonize a judge by asking them to recuse. It seemed the wisest route was not to alienate her.”
“Failure to ask for her recusal, however, put Sholom Rubashkin at an immense disadvantage for an appeal,” Rosenberg noted.
“The grossly disproportionate sentence Reade imposed is a clear giveaway that something suspicious is at play here,” he stressed. “That kind of sentence is so out of line with a fraud case, it automatically invites suspicion.”
“Put that together with evidence of a judge deeply embedded in the criminal investigation and the wildly inflated sentence may still be shocking-but it’s no longer so mysterious.”
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