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Rubashkin Bail Denied Again; Court Says Law of Return Not Important Factor

By Howard M. Friedman

In United Sates v. Rubashkin, (ND IA, Dec. 22, 2008), an Iowa federal magistrate judge denied a motion for reconsideration of an order for pre-trial detention of defendant Sholom Rubashkin, former CEO of an Iowa kosher meat packing plant that was shut down after a large-scale immigration raid earlier this year. Rubashkin argued that the original denial of bail involved religious discrimination because the magistrate judge indicated as one reason for denial the risk of flight to Israel where the Law of Return would permit Rubashkin to obtain citizenship. (See prior posting.) In denying reconsideration, the magistrate judge said:

Much of Defendant's argument is directed to the Court's reference to Israel's Law of Return. Defendant attaches too much significance to that single reference. At the time of the hearing, Mr. Weiss made it clear that if Defendant attempted to seek refuge in Israel, he would be subject to extradition.... and the Court accepted his representation.

Yesterday's Jerusalem Post reported on the decision. JTA reported yesterday that the Anti-Defamation League has written to U.S. Attorney General Michael Mukasey urging him to ensure that Israel's Law of Return is not used to deny bail to Jewish defendants.

Full post as published by Religion Clause on December 25, 2008 (boomark / email).