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  • Documents: Defense Filings

    • Rubashkin Reply to Goverment’s Opposition to Cert

      Reply brief submitted to the Supreme Court by Rubashkin lawyers Paul Clement and Nathan Lewin, responding to brief in opposition to cert filed by the U.S. Solicitor General…

      Categories: Defense Filings, Rule 33, Sentence, Supreme CourtRead the Document »
    • Cert Petition to Supreme Court

      Petition for Certiorari, asking Supreme Court to hear the case…

      Categories: Defense Filings, Featured, Key Ex Parte Docs, Key Sentencing Docs, Rule 33, Sentence, Supreme CourtRead the Document »
    • Motion to Supreme Court for Extension

      A motion to the Supreme court asking for a 60 day extension for the petition in the case of Sholom Rubashkin…

      Categories: Defense Filings, Rule 33, Supreme CourtRead the Document »
    • Petition for En Banc Relief

      Petition to the entire 8th Circuit Court of Appeals asking them to rehear the case…

      Categories: Defense Filings, Rule 33, SentenceRead the Document »
    • Post Argument Letter to Clerk

      Letter to 8th Circuit Court of Appeals Clerk following the oral arguments…

      Categories: Defense Filings, Key Ex Parte Docs, Rule 33Read the Document »
    • Motion for Release Pending Appeal

      Motion for Release Pending Appeal – Filed with the 8th Circuit Court of Appeals the day after the oral arguments. In this motion, defense attorneys argue why Sholom is indeed not a flight risk and deserves bail pending the outcome of the appeal…

      Categories: Defense FilingsRead the Document »
    • Reply Filed in Appeal

      Filed in response to the prosecutor’s brief, this document dismantles their legal argument and highlights their questionable tactics and the involvement of the judge.

      Categories: Defense Filings, Rule 33, SentenceRead the Document »
    • Appeal to the 8th Circuit

      The appeal itself, filed on January 3, 2011, is a fascinating read. Read about the fatal flaws in the trial and sentencing that outraged so many…

      Categories: Defense Filings, Key Ex Parte Docs, Rule 33, SentenceRead the Document »
    • AP Article – Exhibit 5 to Motion for New Trial Reply

      AP article – Exhibit 5 to Reply to Government’s response to Sholom’s (rule 33) Motion for New Trial based on newly discovered evidence following sentencing. The evidence was discovered from a Freedom of Information Act lawsuit showing there were ex-parte meetings between the judge and prosecutors…

      Categories: Defense FilingsRead the Document »
    • ABC News Article – Exhibit 4 to Motion for New Trial Reply

      ABC News article – Exhibit 4 to Reply to Government’s response to Sholom’s (rule 33) Motion for New Trial based on newly discovered evidence following sentencing. The evidence was discovered from a Freedom of Information Act lawsuit showing there were ex-parte meetings between the judge and prosecutors…

      Categories: Defense FilingsRead the Document »
    • New York Times Article – Exhibit 3 to Motion for New Trial Reply

      New York Times article – Exhibit 3 to Reply to Government’s response to Sholom’s (rule 33) Motion for New Trial based on newly discovered evidence following sentencing. The evidence was discovered from a Freedom of Information Act lawsuit showing there were ex-parte meetings between the judge and prosecutors…

      Categories: Defense Filings, Key Ex Parte DocsRead the Document »
    • USA Today Article – Exhibit 2 to Motion for New Trial Reply

      USA Today Article – Exhibit 2 to Reply to Government’s response to Sholom’s (rule 33) Motion for New Trial based on newly discovered evidence following sentencing. The evidence was discovered from a Freedom of Information Act lawsuit showing there were ex-parte meetings between the judge and prosecutors…

      Categories: Defense Filings, Key Sentencing DocsRead the Document »
    • Affidavit from Alyza Lewin – Exhibit 1 to Motion for New Trial Reply

      Affidavit from Alyza Lewin – Exhibit 1 to Reply to Government’s response to Sholom’s (rule 33) Motion for New Trial based on newly discovered evidence following sentencing. The evidence was discovered from a Freedom of Information Act lawsuit showing there were ex-parte meetings between the judge and prosecutors…

      Categories: Defense Filings, FOIA, Key Ex Parte Docs, Rule 33Read the Document »
    • Reply to Government’s Response to Motion for New Trial

      Reply to Government’s response to Sholom’s (rule 33) Motion for New Trial based on newly discovered evidence following sentencing. The evidence was discovered from a Freedom of Information Act lawsuit showing there were ex-parte meetings between the judge and prosecutors…

      Categories: Defense Filings, FOIA, Key Sentencing Docs, Rule 33Read the Document »
    • Exhibits 11 – 12 to Motion for New Trial (Rule 33)

      Exhibits 11 – 12 to Motion for New Trial (Rule 33) based on newly discovered evidence following sentencing. The evidence was discovered from a Freedom of Information Act lawsuit showing there were ex-parte meetings between the judge and prosecutors…

      Categories: Defense Filings, FOIA, Key Ex Parte Docs, Rule 33Read the Document »
    • Exhibit 10 to Motion for New Trial (Rule 33)

      Exhibit 10 to Motion for New Trial (Rule 33) based on newly discovered evidence following sentencing. The evidence was discovered from a Freedom of Information Act lawsuit showing there were ex-parte meetings between the judge and prosecutors…

      Categories: Defense Filings, FOIA, Key Ex Parte Docs, Rule 33Read the Document »
    • Exhibits 7-9 to Motion for New Trial (Rule 33)

      Exhibits 7-9 to Motion for New Trial (Rule 33) based on newly discovered evidence following sentencing. The evidence was discovered from a Freedom of Information Act lawsuit showing there were ex-parte meetings between the judge and prosecutors…

      Categories: Defense Filings, FOIA, Key Ex Parte Docs, Rule 33Read the Document »
    • Exhibits 1-6 to Motion for New Trial (Rule 33)

      Exhibits 1-6 to Motion for New Trial (Rule 33) based on newly discovered evidence following sentencing. The evidence was discovered from a Freedom of Information Act lawsuit showing there were ex-parte meetings between the judge and prosecutors…

      Categories: Defense Filings, FOIA, Key Ex Parte Docs, Rule 33Read the Document »
    • Nat Lewin Affidavit to Motion for New Trial (Rule 33)

      Nat Lewin Affidavit to Motion for New Trial (Rule 33) based on newly discovered evidence following sentencing. The evidence was discovered from a Freedom of Information Act lawsuit showing there were ex-parte meetings between the judge and prosecutors…

      Categories: Defense Filings, FOIA, Key Ex Parte Docs, Rule 33Read the Document »
    • Monte Brown Affidavit to Motion for New Trial (Rule 33)

      Monte Brown Affidavit to Motion for New Trial (Rule 33) based on newly discovered evidence following sentencing. The evidence was discovered from a Freedom of Information Act lawsuit showing there were ex-parte meetings between the judge and prosecutors…

      Categories: Defense Filings, FOIA, Key Ex Parte Docs, Rule 33Read the Document »
    • Guy Cook Affidavit to Motion for New Trial (Rule 33)

      Guy Cook Affidavit to Motion for New Trial (Rule 33) based on newly discovered evidence following sentencing. The evidence was discovered from a Freedom of Information Act lawsuit showing there were ex-parte meetings between the judge and prosecutors…

      Categories: Defense Filings, FOIA, Key Ex Parte Docs, Rule 33Read the Document »
    • Motion for New Trial (Rule 33)

      Motion for New Trial (Rule 33) based on newly discovered evidence following sentencing. The evidence was discovered from a Freedom of Information Act lawsuit showing there were ex-parte meetings between the judge and prosecutors…

      Categories: Defense Filings, FOIA, Key Ex Parte Docs, Rule 33Read the Document »
    • Notice of Appeal

      Sholom’s timely Notice of Appeal filed on July 2, 2010 in which Sholom Rubashkin appeals to the United States Court of Appeals for the Eighth Circuit from the final judgment entered in this action on June 22, 2010…

      Categories: Defense FilingsRead the Document »
    • Reply to Government’s Resistance for Release Pending Sentencing

      Reply to the Government’s Resistance to Motion for Release Pending Sentencing – Filed with the 8th Circuit Court of Appeals. In this brief, defense attorneys reply to the Government resistance to Sholom Rubashkin’s appeal to the denial of bail following conviction…

      Categories: Defense Filings, SentenceRead the Document »
    • Letter from Rabbi Menachem Weissmandl – Exhibit 4 to Motion for Release Pending Sentencing

      Letter from Rabbi Menachem Weissmandl – Exhibit 4 to Motion for Release Pending Sentencing – Filed with the 8th Circuit Court of Appeals. In this motion, appealing Sholom Rubashkin’s denial of bail following conviction, defense attorneys argue why Sholom is indeed not a flight risk…

      Categories: Defense FilingsRead the Document »
    • Affidavit from Tovia Kupczyk – Exhibit 3 to Motion for Release Pending Sentencing

      Affidavit from Tovia Kupczyk – Exhibit 3 to Motion for Release Pending Sentencing – Filed with the 8th Circuit Court of Appeals. In this motion, appealing Sholom Rubashkin’s denial of bail following conviction, defense attorneys argue why Sholom is indeed not a flight risk…

      Categories: Defense FilingsRead the Document »
    • Letter from Charles Kelly – Exhibit 2 to Motion for Release Pending Sentencing

      Letter from Charles Kelly – Exhibit 2 to Motion for Release Pending Sentencing – Filed with the 8th Circuit Court of Appeals. In this motion, appealing Sholom Rubashkin’s denial of bail following conviction, defense attorneys argue why Sholom is indeed not a flight risk…

      Categories: Defense FilingsRead the Document »
    • Affidavit from Gabay Menachem – Exhibit 1 to Motion for Release Pending Sentencing

      Affidavit from Gabay Menachem – Exhibit 1 to Motion for Release Pending Sentencing – Filed with the 8th Circuit Court of Appeals. In this motion, appealing Sholom Rubashkin’s denial of bail following conviction, defense attorneys argue why Sholom is indeed not a flight risk…

      Categories: Defense FilingsRead the Document »
    • Motion for Release Pending Sentencing – Filed with 8th Circuit Court of Appeals

      Motion for Release Pending Sentencing – Filed with the 8th Circuit Court of Appeals. In this motion, appealing Sholom Rubashkin’s denial of bail following conviction, defense attorneys argue why Sholom is indeed not a flight risk…

      Categories: Defense FilingsRead the Document »
    • Lawyer’s Letter to Attorney General Michael Mukasey

      Letter from Sholom Rubashkin’s lawyers to US Attorney General Michael Mukasey regarding the Government’s position to deny bail to Sholom based on Israel’s Law of Return…

      Categories: Defense Filings, Law of ReturnRead the Document »
    • Motion to Judge Reade to Reconsider Bail

      Motion to Judge Linda Reade to grant bail following his denial of bail by Magistrate Judge Jon Scoles, which was partially based on Israel’s Law of Return…

      Categories: Defense Filings, Law of ReturnRead the Document »
    • Letter to ICE Not to Raid

      A Letter from Baker & McKenzie – one of the world’s largest law firms that had negotiated with ICE and with the US Attorney in Texas to avoid a raid on another meat-packing plant – proposing that Agriprocessors would cooperate with the authorities in terminating the employment of undocumented aliens, as the intended target of the Texas raid had done. Neither ICE nor the United States Attorney did anything to respond to that letter…

      Categories: Defense Filings, ICE RaidRead the Document »
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