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Perfidy in Iowa Page 1


December 03, 2004

Group Campaigns
Against Kosher Meat

BY Y. ELCHONON

The militant vegetarian group People consequently, American Law.” filed a complaint with the US Department of
for the Ethical Treatment of Animals, better Lewin also suggested that PETA could itself Agriculture. alleging that the plant is violating
known by its acronym, PETA, has embarked be subject to legal action for its unwarranted Jewish law by not instantly killing the animals,
on a new public relations campaign attacking efforts to harass legitimate kosher meat and is therefore also violating the 1902 federal
AgriProcessors Inc., the Postville, Iowa- operations in this country. Humane Methods of Livestock Slaughter Act.
based one of the world’s largest kosher meat PETA is known for its aggressive tactics The complaint sought suspension of the plant’s
processors, and the source for kosher meat in promoting its animal-rights agenda. In license and possible criminal proceedings.
products widely sold under the Rubashkin one of its more tasteless campaigns, it ran Steven Cohen, a spokesman for the USDA,
and Aaron’s Best labels. PETA accuses the advertisements a few years ago with the phrase confirmed that the agency had received the
company of violating both civil humane “Got prostate cancer?” showing Rudolph PETA letter but said it was waiting to review
slaughter laws and Halacha. Giuliani, the then-New York City mayor who the video before deciding how to handle the
PETA began by sending the meat processor had been recently diagnosed with the disease. complaint.
a letter a year and a half ago with unspecific The ads also included the line: “Drinking milk Rabbi Menachem Genack, head of the
complaints about the company’s operating contributes to prostate cancer.” Orthodox Union’s OU Kashruth Division,
procedures. The company’s lawyer, Nathan AGUDATH ISRAEL which also provides supervision of kosher
Lewin, responded by offering to discuss and, RESOLUTION CONDEMNS meat products from the same plant, said he had
if necessary, fix any problem the group had. discussed the issue with USDA officials, and is
But Lewin told Binyamin L. Jolkovsky, of ATTACK ON SHECHITA confident that government guidelines are being
JewishWorldReview.com, that PETA never PETA’s campaign against a prominent kosher followed to the federal agency’s satisfaction.
responded. meat manufacturer prompted the passage of a The company also issued a statement saying,
Last week, Lewin, was contacted by the special resolution at the closing session of the “Agripro-cessors does not control anything
New York Times seeking comment on an Agudath Israel of America’s annual convention that happens in the kosher ritual processes. We
undercover videotape the paper received from in Stamford, Connecticut, at the behest of adhere strictly to the instructions given to us
PETA, which it claimed documented abuses by Chaim David Zwiebel, its executive vice by the rabbinic authorities and will continue
the kosher meat manufacturer. Lewin viewed president of government and public affairs. By to do so. As we always have, we will also
the tape at the New York Times’ Manhattan unanimous vote, Agudath Israel condemned continue to follow the strict guidelines set out
offices, along with Rabbi Chaim Kohn, Chief what it termed a “vicious and unethical attack by both federal and Jewish law for the humane
Dayan of Khal Adath Yeshurun, which is one of on Jewish religious practice.” The resolution treatment of animals during the slaughter
the kashruth supervision agencies that provides also noted that among the first Nazi attacks process.”
the Hashgocha on the meat plant. It was not against Jews was “peddling photographs of Rabbi Genack even tried, unsuccessfully,
clear when or if the Times plans to publish a allegedly ‘cruel’ kosher slaughter,” and that to explain the OU- approved and supervised
PETA “now follows in that vile course.”
story based on the PETA accusations and tape. shechita practices in use at the plant to Aaron
The resolution also declared that the Torah’s
Lewin told Jolkovsky that the videotape, Gross a Jewish student at Harvard University
concept of humane treatment of animals is well
which was supposedly shot at the meat packing who is a militant vegetarian group, and is
ahead of the standards promoted by secular
house in August and September of this year, PETA’s self-appointed expert on kosher
organizations such as PETA.
contains graphic and bloody pictures of the requirements. Gross denied that the PETA
“Shechitah often comes under attack by
kosher slaughter process, in an attempt to campaign is motivated by anti-Semitism and
elements that are unsavory, and in general
shock the viewer, but no violations of either claimed that it does not object to shechita
PETA is not an organization that commands
civil law or the rules of shechita. “when properly practiced.”
our great respect,” said Rabbi Avi Shafran, a
Lewin, who is acknowledged to be the spokesman for Agudath Israel Another PETA expert who criticized the
foremost legal experts in church-state issues, OU-approved shechita procedures at the
contends that “all PETA wants to do is inflame PETA FILES A COMPLAINT Agriprocessors plant was Temple Grandin,
the public against kosher slaughter.” The WITH THE USDA an associate professor of animal science at
group, he added, “just doesn’t understand On Monday, PETA took the next step in Colorado State University, with no religious
shechita — what’s permitted under Jewish, and its campaign against Agriprocessors, when it credentials at all.

Page 2 Perfidy in Iowa


May 16, 2008

Kosher Meat-Packing Plant Raided;


Hundreds Arrested

BY DEBBIE MAIMON

foreign
f
fo workers were “illegals.”
The search warrant cited suspicions
of “identify theft and fraudulent use of
soc security numbers, as well as reports
social
of multiple violations of immigration
law that came from an “informant” at
laws”
the plant, Des Moines Register of Iowa
rep
reported.
A
According to the federal search
warr
warrant, authorities relied heavily on
this informant who infiltrated the plant
w th documents provided by ICE. The
wi
with
inform
informant was hired in January and wore
secret recording devices monitored by
th Des Moines Register noted.
ICE, the
A s Many The rraid at Agri mimicked the dozens of
part of a w e r e car
raids carried out in recent months on firms
nationwide detained in local jails, emp
who employ foreign labor, in a nationwide
crackdown while the majority were herded into buses federal eeffort to curb illegal immigration
on illegal and driven to a makeshift detention center into the United States, an AP article noted.
immigrants, in the town of Waterloo
Waterloo, an h
hour and a half It was the largest raid of its kind ever
fe
fede
federal
ed ral authorities out of PPostville. carried out in U.S. history.
in league with state and In public schools throughout Postville, Company leaders cooperated fully with
local law enf
enforcement
f mounted a ICE officials halted classroom proceedings federal authorities, halting operations and
ma
massive
i raid this Monday on the world’s to interrogate the students. “ ‘Who in opening up the facilities for a thorough
largest kosher meat-packing plant, this room is legal?’” an officer would search.
AgriProcessors, in Postville, Iowa. ask. “They separated all the kids with a By evening, the police had released
Hundreds of officers from Immigration Latino look, and took them to a room for dozens of people, either for “humanitarian
and Customs Enforcement (ICE), FBI and interrogation,” a Postville resident told reasons” or because the detainees
Homeland Security officers, together with Yated. were able to produce valid documents.
state troopers and local police descended Families were left in limbo, as husbands, Hundreds remain in detention, under threat
on the 60-acre plant Monday morning. wives and children searched worriedly for of deportation.
After cordoning it off on all sides, arrested family members.
they conducted searches and interrogated COMPANY COOPERATED AMAZING GROWTH
hundreds of workers, arresting almost 400. Agriprocessors Inc. opened in Postville,
The plant employs well over 1,000 WITH FEDS Iowa, nearly 20 years ago, under Aaron
people. In addition to shochtim and Regulations at AgriProcessors require Rubashkin, bringing with it a promise
mashgichim, hundreds of workers from all workers to show proof of residence, of jobs and stimulating a revival of the
Mexico, Guatemala, Russia and Ukraine valid social security numbers, and legal region’s economy. Rubashkin and his two
as well as many native Iowans, make a papers permitting them to work in the sons, R’ Shalom and R’ Heshy, built up
livelihood at AgriProcessors. United States, a spokesman for the the company over the past two decades,
In the raid, 314 men and 76 women- company told Yated. turning it into the world’s largest kosher
including any foreign workers who could Yet, the federal affidavit, while meat-packing plant.
not immediately produce evidence of their acknowledging the plant’s regulations, said A small community comprised of
legal status -were arrested for immigration the raid was authorized after information shochtim and mashgichim and their families
violations. was received that many of AgriProcessors’ grew up around the meat plant. Today they

Perfidy in Iowa Page 3


comprise a warm, close-knit community of prosecution not only of illegal aliens but “All of this money is pumped back into
a few hundred people, nurtured by a strong their “employers” who “help make it the economy,” the employee noted.
religious infrastructure consisting of happen,” critics were quick to point out Since only about a half of each cow can
yeshivahs, shul, mikvah, chevrah kadisha, the huge losses to the economy that a shut- be used for kosher beef, the remainder of
gemachs and other institutions, under the down or relocation would bring about. each animal is packaged and sold to non-
patronage of the Rubashkin families. From the considerable infusion of funds Jewish meat markets and meat chains, who
The company processes and packages coming from property taxes to a vast array depend on AgriProcessors as their main
kosher meat and poultry products that of industries promoted by AgriProcessors, supplier.
it supplies to grocery stores and meat including construction, engineering, The company’s leaders are currently
markets across the United States. It also transportation, iron works, excavation, engaged in a $5 million water treatment
processes non-kosher meat products. truck manufacturing and repair, [all project that will reduce the salt content of
According to Menachem Lubinsky, the of which employ Iowans, not foreign the area’s water, affected by the kashering
editor of Kosher Today, AgriProcessors labor], the town’s economy-and that of procedures at the meat plant.
provides 60 percent of the kosher retail neighboring cities-has been thoroughly These and other projects have created
meat and 40 percent of the kosher poultry revitalized. hundreds of jobs for skilled workers and
nationally, and most retail chains depend “Consider the price of one cow-about educated Iowa natives and explains why the
on it for supply. $1500,” a former employee of the meat raid on AgriProcessors sent shivers down
Shutting down production at the plant plant, S. Gelb, pointed out. “AgriProcessors the spines of so many in the community.
will have a significant impact on the brings in about 500 cows a week. That’s In Postville and surrounding
kosher meat sales, he said. “They are a $750,000 each week being paid to various communities, “there is a lot of fear,” Prof.
major supplier to retail establishments all cattle farms in this region. That doesn’t Mark A. Grey, who focuses on immigration
over the world.” even begin to address the vast amounts at the University of Northern Iowa, told
STRUGGLING of funding that goes into transporting the the New York Times.
cows to the plant, and into carrying out “[A shutdown of the meat plant] would
TO BOUNCE BACK all the functions of shechitah, cleaning, be absolutely devastating to the local
Shutting down seems to be the farthest salting, packaging and shipping. economy,” Professor Grey said.
thing from company leaders’ minds.
On Tuesday, the day following the raid,
administrators and workers alike struggled
to get the plant back in operation.
“Chickens and cows had just been
schechted when the police arrived; for
safety reasons everything had to come to
a halt,” a spokesman for the plant said in a
telephone interview with Yated.
“You can’t just leave meat around.
Everyone with any kind of job here at all,
including secretaries and office help, is
pitching in. Even yeshiva bochurim from
the high school are coming over to help
between sedorim. Getting things back in
operation is a community-wide concern.”
As company administrators struggled to
get the factory back on its feet, business
leaders in the wider community gave
AgriProcessors a vote of confidence.
“We feel confident that they will regain
their footing and continue serving as the
town’s largest employer,” the Des Moines
Register quoted the president of the
Postville Chamber of Commerce as saying.
The article stressed the importance
the townspeople attach to the continued
functioning of the meat plant.
Drahos noted that “the town is in fairly
good shape economically… mainly
because of the thriving meatpacking
plant.”
SHUTDOWN
OR RELOCATION
WOULD “DEVASTATE
THE ECONOMY”
Although Iowa’s governor, Kurt Culver,
was quoted in the media as urging the

Page 4 Perfidy in Iowa


May 23, 2008

Immigration Raid Shakes Small Town;


Agriprocessors Says it is Addressing Challenges

BY DEBBIE MAIMON

Antonio Escobedo ran to get his wife the Postville Community Schools are too blunt, they said, Congress should
last Monday when he saw a helicopter superintendent, David Strudthoff, 51, who create a fairer system.
circling overhead and immigration agents said the sudden incarceration of more than But the pressure on employers - whose
approaching the meatpacking plant where 10 percent of the town’s population of wages and hiring practices have lured
they both work in Postville, Iowa. The 2,300 “is like a natural disaster - only this illegal workers to both large cities and
couple hid for hours inside the plant one is manmade.” small towns - has mostly been indirect
before obtaining refuge in the pews and He added, “In the end, it is the greater and economic: While workplace arrests
hall at a local church, where hundreds of population that will suffer and the have risen tenfold since 2002, from 510
other Guatemalan and Mexican families workforce that will be held accountable.” to 4,940, only 90 criminal arrests have
gathered, hoping to avoid arrest. Congressman Bruce Braley (D-Iowa) involved company personnel officials.
“I like my job. I like my work. I like said enforcement efforts against So far, no officials at Agriprocessors
it here in Iowa,” said Escobedo, 38, an corporations that commit immigration have been charged. The company, founded
illegal immigrant from Yescas, Mexico, violations have “plummeted” under the by Aaron Rubashkin, has a storybook
who has raised his three children for 11 Bush administration. “Until we enforce history whose recent chapters have turned
years in Postville. “Are they mad because our immigration laws equally against both murky. After some of the Rubashkin family
I’m working?” employers and employees who break the moved to Postville from Brooklyn in
Last Monday’s raid on the law, we will continue to have a problem,” 1987, the firm became the nation’s largest
Agriprocessors plant, in which 389 he said. processor of glatt kosher beef. It produces
immigrants were arrested and many held Julie L. Myers, assistant homeland kosher and non-kosher beef, veal, lamb,
at a cattle exhibit hall, was the Bush security secretary for Immigration and turkey and chicken products under brands
administration’s largest crackdown on Customs Enforcement (ICE), said that to such as Iowa Best Beef, Aaron’s Best and
illegal workers at a single site. It has the contrary, the agency has seldom been Rubashkin’s.
upended the tree-lined community, which so aggressive, including opening criminal According to an affidavit filed by
calls itself “Hometown to the World.” Half investigations of company officials. an ICE agent in conjunction with last
of the school system’s 600 students were While cases have netted only a handful week’s arrests, 76 percent of the 968
absent Tuesday, including 90 percent of of sentences for low-level managers so employees on the company’s payroll over
Hispanic children, because their parents far, Myers said, such white-collar crime the last three months of 2007 used false
were arrested or in hiding. investigations typically take years to or suspect Social Security numbers. The
Current and former officials of the develop. affidavit cited unnamed sources who
Department of Homeland Security say its “Can we really execute a search alleged that some company supervisors
raid on the largest employer in northeast warrant without taking any action against employed 15-year-olds, helped cash
Iowa reflects the administration’s decision [illegal employment] that we know is checks for workers with fake documents,
to put pressure on companies with large taking place?” she asked. “Or will just and pressured workers without documents
numbers of illegal immigrant workers, taking business records through a search to purchase vehicles and register them in
particularly in the meat industry. But warrant cause illegal aliens to leave, and other names.
its disruptive impact on the nation’s then we’re not fulfilling that part of the In addition, the affidavit alleged that
largest supplier of kosher beef and on the mission, as well?” company supervisors ignored a report of
surrounding community has provoked Lobbyists and former officials say that a methamphetamine drug lab operating
renewed criticism that the administration in unleashing ICE, the administration is in the plant. It also cited a case in which
is disproportionately targeting workers trying to “turn up the pain” to motivate a supervisor blindfolded a Guatemalan
instead of employers, and that the resulting businesses and Congress to support the worker and allegedly struck him with a
turmoil is worse than the underlying comprehensive immigration changes meat hook, without serious injury. The
crimes. sought by President Bush, such as a rav hamachshir, Rav Menachem Meir
“They don’t go after employers. They temporary-worker program and earned Weissmandl, has flatly denied these
don’t put CEOs in jail,” complained legalization. If the existing legal tools claims.

Perfidy in Iowa Page 5


ICE may be “deporting 390 witnesses” sympathies to the families whose lives criminal charges for aggravated identity
to the labor investigation, Mark Lauritsen, were disrupted and wish them the best,” theft and other crimes related to the use of
international vice president of the United Abrahams said. false documents. A lawsuit filed on behalf
Food and Commercial Workers union, The blitz, which occurred after a of the workers on Thursday, meanwhile,
said, adding, “This administration seems 16-month investigation, began with accused the government of violating their
to place a larger value on big, splashy helicopters, buses and vans encircling the constitutional rights through arbitrary and
shows in this immigration raid than in western edge of town at 10 a.m. Witnesses indefinite detention.
vigorously enforcing other labor laws.” said hundreds of agents surrounded the For now, Postville residents - immigrants
In November, Shalom Rubashkin, plant in 10 minutes, began interviewing and native-born - are holding their breath.
company vice president and the founder’s workers and seized company records. On Greene Street, where the Hall Roberts’
son, wrote a letter to customers decrying By early afternoon, illegal immigrants Son Inc. feed store, Kosher Community
“a slanderous and patently false began arriving by bus at the National Grocery and Restaurante Rinconcito
campaign” by the union, and defending Cattle Congress grounds in Waterloo, Guatemalteco sit side by side, workers
the company’s record and its products as Iowa, about 75 miles from Postville. ICE fear a chain of empty apartments, falling
“safe and wholesome.” After last week’s held 313 male suspects at an exhibit hall home prices and business downturns.
raid, the family released brief statements and 76 female suspects in local jails for The main street, punctuated by a single
expressing its sympathies to workers, administrative violations of immigration blinking traffic signal, has been quiet; a
commitment to customers and cooperation law. Guatemalan restaurant temporarily closed;
with authorities. Those arrested include 290 and the storekeeper next door reported a
Agriprocessors said it continues to Guatemalans, 93 Mexicans, 2 Israelis steady trickle of families quietly booking
make meaningful progress in addressing and 4 Ukrainians, according to the U.S. flights to Central America via Chicago.
the challenges presented by the worksite attorney’s office for the Northern District “Postville will be a ghost town,” said
enforcement action. of Iowa. Lili, a Ukrainian store clerk who spoke
According to Chaim Abrahams, a Eighteen were juveniles who have on the condition that her last name be
company representative, Agriprocessors been released or turned over for refugee withheld.
is concentrating its efforts on production. resettlement, and the prosecutor’s office But Cesar Jochol, 48, a native of Patzun,
“We were able to bring the plant back would not say if there were underage Guatemala, and owner of a market called
into operation the next day, and even workers at the plant. Of the adults, 306 face Tonita’s Express, questioned whether the
though we’re not running raid will be a deterrent.
at full capacity, we are able People who can afford to
to resume production,” eat meat only once or twice
Abrahams said. “We are a week in Guatemala, while
in the process of replacing earning $4 a day, can earn
workers so we can avoid $60 a day in Iowa, enough
any interruption of meeting to eat beef or chicken
customer needs for high three times a day, he said.
quality products.” “You take away a hundred
Abrahams also noted people. A couple hundred
that the company was in more will come tomorrow;
the process of enhancing they’ll just go to L.A.,
its immigration compliance New York, New Jersey and
procedures. Miami,” said Jochol, a 21-
“We are working with year U.S. resident.
experts in immigration Eduardo Santos, 27,
compliance to help us who came from Guatemala
bolster our compliance and lost two of his fingers
efforts to employ only working at the factory, said
properly documented the raid was “fair . . . but it’s
employees,” he said. bad for everybody. There’s
“We have signed up for no work.” He plans to go
a government electronic home.
verification program, “The problem is, who
and are working with is going to do the work?”
our consultants on said Stephen G. Bloom,
additional compliance a University of Iowa
measures that will enhance journalism professor who
our hiring process.” wrote a 2000 book on
Agriprocessors also has the clash of cultures in
launched an independent Postville as Agriprocessors’
investigation into the Lubavitch Jewish leaders
circumstances which led to gained influence in the
the worksite enforcement mostly Lutheran town.
action, and is cooperating “This is a no-win situation.”
fully with the government. The Washington Post
“We extend our heartfelt contributed to this report.

Page 6 Perfidy in Iowa


May 30, 2008

Rubashkins:
Buckling Isn’t An Option

How goes it in Postville, Iowa? alleged “abuse.” if the company were to be convicted
Two weeks have passed since an Apparently advised of the legal of criminal charges, “a change in
army of U.S. immigration and FBI consequences of presenting allegations AgriProcessors management would
agents, backed by local and state police as proven fact (libel), Epstein probably preclude” the radical step of
and members of other agencies, stormed stopped short of issuing an outright removing the OU’s hechsher.
AgriProcessors, the kosher meat- condemnation. Rabbi Moshe Elefant, head rabbinic
packing plant in Postville, Iowa. Conservative groups have been coordinator of the OU’s kashrus
389 immigrant workers were hauled seeking to carve a role for themselves department, noted the intense pressure
away, the bulk of them to a makeshift in the kashrus certification domain by being exerted on the OU by various
detention camp at the nearby Waterloo promoting a new kind of endorsement. groups under the OU umbrella, to
Cattle Congress grounds, an arena used Touting their concern for human withdraw its supervision from the meat-
for livestock. rights and humane treatment of animals, packing plant.
Criminal proceedings were begun and insisting that “kashrut is about more “The fact that we have publicly
immediately. The hearings ended with than adherence to halacha,” they propose announced that we maintain our
297 people entering guilty pleas in four to issue a special stamp, “Hechsher hechsher in the face of enormous
days. The vast majority agreed to plea Tzedek,” issued by a national body of pressure to withdraw it, is the strongest
bargains that stipulated five-month American Conservative rabbis. possible evidence of our confidence” in
jail sentences followed by immediate The supervisory board of Hechsher the Rubashkins’ integrity, he said over
deportation. Tzedek would rate a company in terms the telephone.
[Prosecutors made it clear that had of how it treats its workers and the He added that the Rubashkins have
the workers chosen to go to trial, they animals it slaughters. Conservative done American Jewry an enormous
would face charges of identity theft, Jewish leaders have been trying service by “making it their responsibility
which carries a much harsher sentence unsuccessfully to market their proposal and their goal that Jews in every part of
-at least two years behind bars, the New to their constituency as well as to kosher the country had access to kosher meat
York Times reported.] meat-packing plants. and poultry.”
LYNCH MENTALITY AgriProcessors has consistently “It’s in the interest of our entire
The media glare has since moved brushed off their bid for legitimacy, community to see them prosper,” he
from the immigrants’ plight to the antagonizing Conservative rabbis who said.
plant’s management and owners, issuing are trying to get their foot in the industry’s ESPRIT DE CORPS
a stream of pious op-eds calling for the door, and who are now retaliating. Meanwhile, in Postville, itself, and
investigation and prosecution of the OU: WAIT AND SEE especially within AgriProcessors,
Rubashkin owners for alleged worker The Orthodox Union [OU] informed few seemed to be worried about the
abuse. the Rubashkins that for now, the speculation abounding in the media
A particularly strident call to prosecute OU certification on their meat and about a possible federal indictment
the company’s management has come poultry would remain in place, but hanging over the management, or
from Iowa Congressman Bruce Braley. that the organization “was watching predictions that the plant would close
Both the general public and some developments carefully.” down.
Jewish leaders have swallowed media “Rabbi Menachem Genack, the head “Buckling is not an option,” one of
reports uncritically, generating a of OU’s kashrus division, said the OU the managers said. “In fact, morale here
lynch mentality. The head of a leading would sever its relationship with a firm is very high and production is picking up
Conservative Jewish group, Jerome if it had “some serious violation of the every day.”
Epstein, was widely quoted in the law,” such as a felony conviction,” Chaim Abrams, who works in sales
press as urging his constituency to give Jerusalem Post and JTA reported. at the plant, said that the company had
“serious consideration” to boycotting In an interview with Yated, Rabbi been bouyed by the esprit de corps in the
AgriProcessor products to protest the Genack qualified his statement. He said town, as volunteers from Postville and

Perfidy in Iowa Page 7


beyond rushed to offer their help to fill addition on to the local Y,” he said. “The occasions to purchase food for
the worker void. Rubashkin family gave us a handsome immigrant families too poor to put bread
“Whether Litvish, Chasidish, Belz, donation. It was the same with the day on their table.
Lubavitch, everyone’s rallying. We’re care center and with other community The plant is under the hashgacha of
all together, all on the same team. The projects. These are very generous, Rabbi Menachem Aryeh Weissmandel
achdus is heartwearming.” community-minded people that can of Monsey, N.Y. “The high standards
He noted the announcement made by always be counted on to help.” the company is known for continue to be
AgriProcessors owner Aaron Rubashkin “They’re very down to earth,” he maintained,” he said in an interview over
last Friday, that in view of the company’s added. “They act like they are nothing the phone, while at the site. “Nothing
expansion, new leadership positions had special, just another “Joe.” has changed in that department.”
opened up and a search was in progress He remembered that when a nearby He said that the plant has resumed up
for a new CEO. poultry plant, Iowa Turkey Inc., burned to 50 per cent of its production and the
The current head of the company, R’ to the ground in 2003, collections number is rising. “None of our shochtim
Shalom Rubashkin, will be aiding in that were taken up to help the workers who or mashgichim were affected by the
search, he said. were left without employment. “The raid,” he said.
Employees and Postville residents Rubashkins contributed chicken, meat Meanwhile, critics ponder the broader
familiar with the plant dismissed as and even gave space at their plant to help implications of the federal raid which,
ridiculous many of the allegations the company salvage what it could.” as one columnist put it, “was a show of
making the rounds. Another Postville resident told of force, but not of wisdom.”
“A meth lab on the premises? Guns? how a Guatemalan worker at the plant “Immigration and Custom
I’m laughing out loud,” said Aaron fell ill and eventually passed away. “The Enforcement [ICE] was established in
Goldsmith, who owns a hospital bed Rubashkins paid for the funeral and 2003 and has a budget that has grown
company in Postville, and whose two helped the family out afterwards.” to over $5 billion dollars a year,” a
sons once worked at the plant. An employee at AgriProcessors Wall Street editorialist pointed out.
Between 12-15 officials from the U.S. told of a non-Jewish woman who “With its stated mission of protecting
Department of Agriculture frequent worked there and had a son who died. America by targeting the people, money
AgriProcessors on a regular basis, and The husband started to drink heavily and materials that support terrorist and
have access to all parts of the plant day and the family was falling apart. The criminal activities, one has to wonder
or night, he noted. Rubashkins paid for him to enter a drug how this massive raid in Iowa has
“Do you think a drug lab or major rehabilitation center. “Thanks to their furthered the goals of ICE.”
infractions of the law could possibly be help, he was eventuallly able to get back How many millions of dollars
going on under the noses of the USDA?” on his feet and pull the family together,” were poured into this operation and
In fact, the claims for the presence the employee said. will continue to be lavished on it as
of a methamphetamine lab, which were A member of the church in Postville investigation and prosecutions continue,
emblazoned all over the headlines in told of money that had been received taxpayers want to know.
the days following the raid, seem to from the Rubashkin family on several Does anyone feel safer?
be quietly disappearing. No
evidence or statements have
appeared in the past few days
that it ever even existed. And
most of the initial headlines
referring to it were lifted from
major news outlets.
POSTVILLE PAINTS
DIFFERENT
PORTRAIT
As the media continues its
feeding frenzy, painting the
Rubashkins as self-serving
people willing to exploit
impoverished workers, a
different picture emerged from
the spontaneous descriptions of
locals in Postville in interviews
with Yated.
The vice president of
Postville’s Freedom Bank Mike
Crukenberg commented over
the phone that local residents of
Postville know the Rubashkins
as humanitarian people
interested in the welfare of their
fellow townspeople.
“We ran a drive to build an

Page 8 Perfidy in Iowa


June 20, 2008

Agriprocessors Steps Up Production


as Conservatives and Liberal Orthodox Groups
Step Up Attacks

BY RABBI AVROHOM HOFFENBERG

Agriprocessors continues to hire new Orthodox establishments, headed by been addressed long ago and are under
workers in an effort to fill shortages of the late Rabbi Joseph B. Soloveitchik. constant supervision by a large team of
glatt kosher meat and poultry in the These included participating in interfaith on-site USDA inspectors. Uri L’Tzedek
marketplace in the aftermath of a federal dialogues and organizing joint yemei also cited unsubstantiated rumors about
raid in which scores of illegal immigrants iyun with Conservative and Reform child labor and stories of abuse. In other
were arrested. Sources say that Agri is clergy. words, they bought the propaganda of the
nearing full production on its deli and Uri L’Tzedek has raised all of the issues UFCW and the PETA activists and called
poultry lines and is working around the in the allegations against Agriprocessors for a boycott against a company that is
clock to hire skilled workers for its beef that were contained in the federal affidavit tirelessly working to restore the supply of
production. that led to the raid in Postville, Iowa, kosher meats all over America. The call
These developments come against more than a month ago. It did not seem for the boycott is against the Torah that
the relentless onslaught of animal to matter to them that a call for a boycott they claim to represent and is shameful,
rights extremists, PETA, the UFCW, based on allegations was unprecedented. shortsighted, and despicable.
and leftist Conservative and Modern Nor were they fazed by the fact that the With the growth of the Orthodox
Orthodox groups. A petition organized boycott might be damaging to a company community in recent decades, and its
by Uri L’Tzedek, a group affiliated with that supplies a significant portion of the desire for tough kashrus standards,
the Yeshivat Chovevei Torah, is said kosher meat in the country and which the dominant institutions in kashrus
to include 1,300 Modern Orthodox, has been responsible for keeping prices were led by the large agencies such
Conservative, and Reform rabbis. They down. There was little concern that as the OU, OK and Chof K, and by
even went so far as to use the term boycott hundreds of Jewish families in Postville Chassidishe hechsheirim in the Chassidic
when they are fully aware that no group would be hurt, or that the plant is closely communities. In local communities,
has suffered more from boycotts than monitored by a large team of USDA Conservative rabbis have virtually
Jews. Many of their ancestors were in inspectors and rabbis. Even supermarket dropped out of kashrus supervision, which
fact involved in boycotting the Orthodox- chains regularly audit the plant and, in is now almost exclusively in Orthodox
run Vaad Hatzoloh when it attempted to fact, asked for their own investigation, hands. Nevertheless, recognizing that
send aid to the impoverished Jews in the again unprecedented. kashrus is today a major part of Jewish
ghettos during Churban Europe. In their letter to Mr. Aaron Rubashkin, life, many liberal rabbis, particularly in
The Yated Ne’eman, most recently
the founder and owner of Agriprocessors, the Conservative movement, are trying to
in an article titled “Yeshivat Chovevei
the Uri L’Tzedek group raised issues make a comeback with a new “Hechsher
Torah’s Continuous Assault on Judaism,”
such as humane slaughter, despite Tzedek.” They believe that kashrus is
in the April 18 edition this year, exposed
the fact that the last five independent not just that the animals are slaughtered
the left-leaning and anti-Torah behavior
audits gave the plant high marks for its in accordance with Torah and halacha and
of the yeshiva, which has included
humane slaughter practices. They also how food is prepared, but it also must pass
going against the poskim of the Modern
referenced the undocumented workers, the liberal test of social responsibility.
even when the plant had hired a former One can follow every government
U.S. attorney, Jim Martin, to deal with regulation, with job standards, minimum
They want to force kosher compliance issues during a time when wage, safety regulations and all the
undocumented workers are a huge dictates of halacha, and even have 30-40
consumers to adhere to problem for America. The leftist leaning USDA inspectors in one’s plant, but not
Orthodox activists challenged Agri about be acceptable because it is not “socially
social engineering the low pay without a shred of evidence correct.”
that this was true and also raised concern They want nothing less than to force
about some 39 violations that are the traditional observer of kashrus to
routine for slaughterhouses, which have adhere to their view of social engineering.

Perfidy in Iowa Page 9


trying to take over the Agri plant for community is to reject these attempts at
years. This union has a history of strong all costs and to address such questions
arm tactics. Smithfield Foods, one of as: Will it allow “rabbis” who flaunt
If the leftist rabbis the largest food companies in the US, Jewish law, disavow Torah Shebiksav,
sued them with charges of racketeering. and eat in treife restaurants set the
are given a kashrus role, In Iowa, the UCFW has met with stiff standards for what kashrus represents?
opposition from both workers and Is it right for religious movements to
kashrus in the US the company. Allen has allied himself align themselves with unions whose
with the union to try to break the plant. tactics are questionable and may cause
will be at risk Allen recently visited Postville, Iowa, the cost of kosher meat to rise for many
to examine the situation. This “rabbi” economically disadvantaged Jews?
headquartered himself in the church All kosher plants must be in full
Established kashrus organizations, led by where he interviewed local workers who compliance with all federal and state
the Orthodox Union, have refuted these had been pre-screened by the union. regulations and government laws by
attempts by groups such as Uri L’Tzedek If Allen wants to determine values having constant on-site supervision by
and Hechsher Tzedek by saying that and morality, his own values should the USDA. They are also obligated to
a social justice agenda has no place in come into question. Allen is one of observe the guidelines of the rabbonim
kashrus, especially since Agriprocessors those Conservative rabbis who perform and their kashrus supervision agencies. If
is a USDA plant with a large contingent “commitment ceremonies.” He himself we, G-d forbid, give the leftist rabbis any
of federal inspectors who are on site at is a vegetarian, and eats in non-kosher role in kashrus, we are putting kashrus in
all times. restaurants. Jewish consumers who the US at risk. The stakes for the frum
Spearheading the Hechsher Tzedek believe in halacha obviously reject a community are very high and the faster
effort is Rabbi Maurice Allen of St. Paul. new kashrus that has no basis in Torah we tell the Rabbi Allens and the Uri
His prime target has been Agriprocessors, and halacha and is certainly based on L’Tzedeks that they should not lecture to
since it’s the largest producer of kosher libelous information about kashrus. the Torah community about Tzedek, the
meat in the US. The UCFW has been The challenge to the Torah observant better off we will be.

Page 10 Perfidy in Iowa


June 27, 2008

Who Do They Think They Are?

BY RABBI AVROHOM HOFFENBERG

Uri L’Tzedek (“Awaken to Justice”) employment and safety infraction a shred of evidence upon which to base
is a self-described social justice group imaginable, although many of the its anti-Rubashkin activities - activities
comprised principally of students of allegations were dropped upon having which can cause severe and irreparable
Yeshivat Chovevei Torah (“YCT”). (YCT been immediately discredited. harm to over a thousand workers and
is a left-wing fringe “Open Orthodox” thousands of Jewish businesses, as well as
rabbinical seminary in Upper Manhattan
ORTHODOX COMMUNAL numerous non-Jewish agricultural entities
which has been the subject of much RESPONSE which depend upon Agriprocessors for
controversy due to its radical departures The general consensus of Orthodox livestock transactions, as well as local
from accepted Orthodox standards. Most leadership and organizations has been to and state businesses which service the
Orthodox organizations - including the await the government’s full investigation Agriprocessors workforce. Uri L’Tzedek
main Modern Orthodox groups - have and allow for due process before passing bases its aggressive attack solely on
shunned YCT and do not recognize its judgment on Agriprocessors. the thus-far unproven allegations in the
semicha.) Although Uri L’Tzedek is a Meat companies are very frequently recent government action. Aside from the
small and little known group, its recent targeted by federal and state agencies, allegations having been thus far unproven,
activities speak volumes about the type of as was the case with Pilgrim’s Pride (of they have not even been deliberated upon
justice that Uri L’Tzedek claims to pursue. Butterball poultry fame), the nation’s by the attorneys for Agriprocessors and the
The April 2008 federal government raid largest (non-kosher) meat packer, which government, much less presented in any
on the Agriprocessors (“Rubashkin”) main was likewise the subject of a large legal proceedings. Nonetheless, despite a
facility in Postville, Iowa, which targeted investigation. Swift Meat Co. was similarly total lack of proof, Uri L’Tzedek has taken
illegal immigrants who were employed by subject to government raids for illegal serious steps to harm Agriprocessors and
the company, was widely reported by Yated workers at six of its plants. Furthermore, the many thousands of others who would be
Ne’eman and numerous other publications prominent and good-standing industrial directly affected by Agriprocessors’ losses
and media. Hundreds of Agriprocessors food manufacturers are commonly cited as a result of Uri L’Tzedek’s pursuits.
workers, nearly all of Guatemalan and and even fined for technical breach of a The many issurei Torah which pertain
Mexican origin, were rounded up and plethora of often unknown government to damaging the reputation and finances
removed from Agriprocessors as a result regulations, such that one cannot pass of another person without requisite proof
of charges that these workers were in judgment on violations of these companies seem to not matter to the self-righteous Uri
the United States illegally and obtained without knowledge of the nature and L’Tzedek group, whose use of the word
employment at Agriprocessors by using scope of the transgressions. Being dan tzedek truly begs for explanation.
false immigration documents. Pursuant l’kaf zechus finds no greater fulfillment THE URI L’TZEDEK
to the raid, government attorneys made than in this area, whose challenges
countless allegations that Agriprocessors and complexities require thorough ANTI-RUBASHKIN
was the site of nearly every type of investigation and due process before one CAMPAIGN
can pass judgment. “The following is a list of kosher meat
Contrary to the precept of being dan l’kaf suppliers around the nation that do not use
Uri L’Tzedek is a zechus, Uri L’Tzedek has called for a total Rubashkins products. It is not complete.
boycott of Agriprocessors and has joined Help us complete it. Call your local kosher
with non-Orthodox Jewish groups toward meat establishments, find out if they are
natural outgrowth of this goal. Although there has not been using Rubashkins, then send the names,
a single indictment or legal proceeding city...that do not do to Uri L’Tzedek...
placing liberalizm first against Agriprocessors’ management, Uri This list will be updated as you provide us
L’Tzedek has perverted the meaning of with information...” (from Uri L’Tzedek’s
and halacha second tzedek by engaging in an all-out effort to website)
harm Agriprocessors to the fullest extent In its very public effort to damage
possible. Uri L’Tzedek has not mustered Agriprocessors, Uri L’Tzedek claims to

Perfidy in Iowa Page 11


meat costs and preventing them from going
through the roof.
Attacks based on unproven allegations In light of the above most serious
considerations, one would hope and
presume that a person or group which
have over 1,000 signatures on an anti- its liberal-pluralistic agenda have fostered intends to damage Agriprocessors would
Rubashkin petition. Among the signatories the likes of Uri L’Tzedek. Uri L’Tzedek be extremely deliberate and cautious in
are Rabbi Avi Weiss, founder of YCT, is a natural outgrowth of a culture which
its actions, the consequences of which
Rabbi Shlomo Riskin, YCT Advisory places liberalism first and halacha second.
Board member, and Ruth Messinger. By In fact, YCT anti-Rubashkin momentum would likely severely impact the access of
soliciting Ruth Messinger and numerous began a while back. Rabbi Jeff Fox (YCT small Jewish communities to kosher meat,
Reform and Conservative rabbis toward graduate and faculty member) stated in a would drive up prices, and would cause
its efforts, Uri L’Tzedek is magnifying 2006 interview: “One issue that Chovevei incredible harm to thousands of workers,
the degree of chillul Hashem, attempting rabbis are particularly suited to taking on,”
businesses and agricultural entities. Uri
to air what Uri L’Tzedek considers to be he said, “is that of Agriprocessors. That’s
dirty laundry to the non-Orthodox world. an issue that if Chovevei doesn’t take it L’Tzedek has failed to exercise a modicum
The last thing we need is for non-Orthodox on, nobody will take it on, because nobody of deliberation or cautiousness in this
Jews to be convinced by one purportedly else is going to say the OU is certifying regard.
Orthodox group that another Orthodox treif.” (Canonist.com) Rabbi Fox made All Jews are deemed to have a chezkas
entity is in flagrant violation of numerous these shocking remarks during a larger
kashrus - a presumptive status of goodness
laws and lacks any ethical standards. discussion about YCT’s application to the
(Apparently, while its agenda purports Rabbinical Council of America (“RCA”) and righteousness - unless demonstrated
to fight for the honor of workers, kevod for recognition of YCT’s semicha. Rabbi to the contrary. Uri L’Tzedek has indeed
Shomayim (the honor of Hashem) is not Fox was envisioning the contributions demonstrated that it has no claim to a
part of the Uri L’Tzedek agenda.) which YCT graduates would make to the chezkas kashrus, as have its ideological
It must be noted that this publication RCA as part of the RCA’s interfacing with
and the Torah world does not make light the OU kashrus agency. Thankfully, the mentors at YCT, who have crossed every
of abuses, chas veShalom. Were it to RCA turned down YCT’s application. red line common to Orthodox Judaism by
be demonstrated that Agriprocessors Followers of the current Agriprocessors any definition.
or any business or person engaged in issue should note one additional, very “Tzedek tzedek tirdof: haleich achar
abusive behavior, Orthodox leaders and important point. Unlike most kosher meat beis din yofeh - You shall verily pursue
organizations would concur that the companies with mehadrin standards and
offenders must be penalized and face the wide acceptability, Agriprocessors has been justice - go to an appropriate court or
results of their actions. The problem here able to provide glatt kosher products to far- arbitrator” (Sanhedrin 30b).
is that no abuses or ethical violations have flung, small Jewish communities across the “Hevu mesunim ba’din - Be deliberate
been demonstrated, yet Uri L’Tzedek nation - all at competitive prices. Rubashkin in passing judgment” (Avos 1:1).
has been more pro-active than the most does its own distribution, thereby keeping Uri L’Tzedek, in its politically-correct
aggressive regulatory body in condemning prices reasonable and enabling the company
and attempting to punish Agriprocessors, to reach smaller markets which independent liberal zeal, has breached these Torah
all without due process and proof. distributors may not service. It is a known axioms and cannot be looked to for true
Agriprocessors has passed its last five fact that prior to the establishment of tzedek by any Torah Jew.
humane slaughter audits. Dr. Temple Agriprocessors,
Grandin, the world-renowned veterinary many of the
authority, has personally inspected company’s current
Agriprocessors and given a favorable customers in
report of her findings. The government’s small towns had
case has just begun and has not involved no access at all to
any indictments or convictions of kosher meat with
Agriprocessors’ management. The acceptable kashrus
company is voluntarily replacing its CEO standards. Some of
and has retained employment attorneys these customers,
and management consultants to investigate who had weaker
its operating procedures and provide commitments to
guidance. Nonetheless, unlike all other Torah, ate meat of
Orthodox organizations, Uri L’Tzedek sub-par kashrus
has opted to smear Agriprocessors with standards before
the most damaging tactics, lacking any Rubashkin came
evidence. onto the scene.
Uri L’Tzedek does not operate in a Additionally, due to
vacuum. In major exposes, Yated Ne’eman its broad reach and
has demonstrated YCT’s lack of fidelity to competitive pricing,
halacha and its intent to create a liberal- Agriprocessors has
pluralistic new type of “Open Orthodox” been the major factor
Judaism. YCT’s approach to halacha and in controlling kosher

Page 12 Perfidy in Iowa


July 11, 2008

Uri L’Tzedek Cancels


Rubashkin Boycott

On Tuesday, Uri L’Tzedek cancelled its The raid also severely impaired the employees. Slightly more than 3,700 illegal
boycott of Agriprocessors, the largest meat company’s production capacity, sparking immigrants have been arrested in dozens of
producer in the United States. The New fears of a kosher meat shortage in the sweeps since last October, according to the
York-based social justice group, which is United States. federal government.
run by graduates of the “Open Orthodox” To date, no charges have been brought In a rare example of company owners
Chovevei Torah school in Riverdale, NY, against Agriprocessors’ owner, or any facing charges related to illegal workers,
stated that it dropped its boycott because the other members of the company’s upper federal authorities last week charged
company is “beginning to take significant management. two owners and three supervisors at a
steps” to address alleged claims of worker But Nathan Lewin, a prominent attorney rag-exporting company in Houston with
mistreatment at its plant in Postville, Iowa. representing the company, is accusing the conspiracy to harbor illegal immigrants,
Uri L’tzedek launched the action in mid- U.S. government of “selective prosecution” inducing them to come into the country and
June. in its targeting of the company. engage in illegal hiring practices.
“In light of these early signs of reform, “The government should be asked why Those arrests follow the June 25 roundup
Uri L’Tzedek is no longer calling for the it picked on Agri, a relatively small meat- of 166 illegal workers at the company,
community to abstain from purchasing packing plant, to make its point about Action Rags USA.
Agriprocessors’ products,” the group said. illegal immigrants working at such plants,” The Houston case bears other striking
“Time will show what kind of results Lewin wrote in a statement to JTA. “This is resemblances to what unfolded in Postville:
these reforms will yield for the workers at a great injustice in light of the fact that Agri Both featured months-long undercover
Agriprocessors.” has made a major contribution to Jewish investigations involving government

The first bit of good news

In calling off the boycott, the group said religious life in the U.S. by providing informants posing as illegal workers in an
it was encouraged by reforms instituted by high-quality packaged kosher meats now effort to gain employment.
a former federal prosecutor hired recently available in supermarkets across the Like Agriprocessors, Action Rags is
as the company’s compliance officer. country. facing claims that it employed underage
The move by Uri L’tzedek represents “The Orthodox Jewish community workers and that working conditions
the first bit of good news in a while for should call the government to account for were substandard. Representatives of
Agriprocessors, which has been reeling the damage it is doing by this selective the Houston company have denied all
since federal authorities carried out the prosecution of Agri.” wrongdoing.
largest workplace immigration raid in Under the Bush administration, federal Agriprocessors also has denied the
American history in Postville on May 12. authorities have escalated their crackdown charges leveled against the firm while
More than one-third of the company’s on illegal workers. struggling to repair its public image. The
workforce was detained in the raid, including According to the Houston Chronicle, company has hired the high-profile public
18 juveniles. Some 300 employees have 1,755 individuals were detained in May relations firm 5WPR, and last week ran
pleaded guilty to various forms of identity alone by U.S. Immigration and Customs advertisements in major Jewish newspapers.
fraud and are facing deportation. Enforcement, including 389 Agriprocessors JTA contributed to this article.

Perfidy in Iowa Page 13


August 8, 2008

Rhyme and Reason

BY RABBI PINCHOS LIPSCHUTZ

This week’s parsha begins with the method of killing animals. The reason to provide a humane form of animal
words “Vezos chukas haTorah.” Rashi we eat meat only from animals whose slaughter, and the laws of kashrus were
quotes the words of Chazal who explain innards were checked and found to be designed to provide us with healthy
the use of the word chukas in describing without blemish is not because those and clean meat, it follows that if the
the laws of parah adumah. He says that animals are healthier. slaughterhouse does not conform to
the term chok represents a Divine law, Why, then, do we scrupulously their concept of clean and humane, the
the reasons for which we were not made adhere to the smallest details of ritual meat is unfit for consumption.
privy to. The nations of the world scoff slaughter? For the sole reason that When a company such as Rubashkin
at us, asking why we observe these we are required to follow the word supplies 60% of kosher meat in this
strange laws and customs. Instead of of G-d as commanded in the Torah, country, that is not a situation to trifle
engaging in debates with them, offering as delineated in the Gemara, and as with. No longer are there kosher
up explanations and rationales, we are codified by the Shulchan Aruch. A slaughterhouses dotting the country;
to state simply that we follow these laws mashgiach must attest that the shochet they are few and far between. To
because G-d commanded us to do so. cut the majority of the two simanim, the jeopardize their production is to cause a
End of conversation. konah and the veshet. A hair’s breadth - shortage of kosher meat and guaranteed
But some of us tend not to be kechut hasa’arah - makes the difference price hikes.
content with this approach. We seek to between kosher and non-kosher, Jews were in this country for many
understand the deeper wisdom behind between something fit for consumption decades before systems of competent
the mitzvos and the reasons for the and neveilah. and reliable kashrus were set up. For
gezeiros derabonon. We believe that Rashi states in Maseches Sanhedrin years, the kosher industry was chaotic,
by attaching a reason to a mitzvah, we [90] that one who believes in techiyas controlled by mafia-style gangsters.
will enhance its observance. If we can hameisim because he came to that Rabbonim who came over from the
explain the word of G-d in contemporary conclusion on his own and not because old country and attempted to establish
terms, we can bring more people into the he believes the drashos of Chazal is proper standards were run out of town,
tent of Torah and expand the popularity a kofer, an apostate. We follow the humiliated and maligned.
of its observance. Offering explanations commandments, chukim and mishpatim It was only after the Second World
for the mitzvos will not only make us because we believe with our innermost War that Holocaust survivors such as the
more effective in kiruv, we think, but it fiber that G-d created us for that Satmar Rebbe, the Tzeilemer Rov and
will strengthen our own observance. purpose. Once we inject our own human Rabbi Alexander S. Rosenberg stood
One can’t deny that there may be reasoning into the equation, we are no up to the charlatans and succeeded in
some validity to this approach at times. longer following the will of G-d. finally bringing genuinely kosher food
Yet, when we fail to take Chazal’s Once we get into the business of
advice seriously, we pay the price. We interpreting the will of G-d for the
open the door to a form of Judaism “a la masses, we lose our footing. We lose
carte” - where people choose to observe perspective. We lose appreciation for We don’t appreciate
the mitzvos that “resonate” and suit their the mitzvos as we bring them down to
taste, while neglecting those that appeal our superficial, fallible level. the kindness G-d has
less to their reasoning or emotions. And there is another way we lose.
As an example, let’s take the mitzvah Witness the ongoing campaign against
of shechitah. The reason we eat only the Rubashkins by those who consider
showered upon us
animals whose necks were slit with themselves more liberal and advanced
a swift cut of a shochet’s sharpened than we are. Since they believe that
blade is not because that is the humane the laws of shechitah were created

Page 14 Perfidy in Iowa


to the masses of Jews living here. Rabbi the cause of Torah in this country. to social justice. Hekhsher Tzedek will
Rosenberg, in particular, as head of the To illustrate the point: Chovevei seek endorsement from all producers of
OU, brought to fruition the dream of students have now created common kosher food and will have its symbol
providing kosher food to Jews across cause with members of the Conservative serve as an indicator of a product’s
this country wherever they lived, in large clergy and secular Jewish organizations acceptability. Only food already certified
cities and small towns. The kashrus seeking to curtail the distribution of as kosher would be eligible to receive
organization he developed enabled Rubashkin’s kosher meat based on a Hekhsher Tzedek. We hope that this
people to go into any supermarket and unproven pretensions and pretences. initiative will serve as an ethical model
purchase kosher food. The Conservatives aren’t stopping throughout the entire food industry.”
We, who live in neighborhoods there. The same group which, since As did mosrim of old, they are
overflowing with religious Jews like its founding, has wreaked havoc upon engaging in a massive propaganda
ourselves, are deluded into thinking that Jewish communities, misleading campaign through a compliant Jewish
there are millions of us out there. We fail uninformed Jews into believing that and secular media, bashing Orthodoxy
to realize how small our numbers are in they were comporting with Judaic law and its “archaic” standards. How ironic.
relation to the population of the United and tradition as it drove them away The people who uphold the Torah and
States. We don’t appreciate the kindness from authentic observance, now seeks follow in the footsteps of their ancestors,
that G-d has showered upon us, brought to bring kashrus under its jurisdiction. who brought monotheism and a system
about through the brilliance of people The same group that introduced chillul of civil laws, jurisprudence and decency
such as Rabbi Rosenberg, in having Shabbos as shemiras shabbos and to a pagan and depraved world, are
such a wide array of kosher products estranged tens of thousands of fellow being lectured to by charlatans who
freely available. When you think about Jews from the mitzvos now has the have destroyed for their followers every
it, it is a miracle that international food temerity to dictate to us the laws of vestige of the very religion they claim
companies such as Coca-Cola and kashrus. to promote.
Proctor and Gamble permit rabbonim The Conservative Rabbinical These same leaders who have robbed
to snoop around in their facilities, and Assembly and United Synagogue their followers of every remnant of
actually pay them to do so, all in order breached the most basic bounds of kedushas Yisroel by substituting Torah
to sell an additional small amount of decency by issuing a statement urging its law with fictitious “halachot” and
their product. constituents to seek kosher alternatives other innovations seek to undermine
Yes, there are many heimishe to Rubashkin products. the system of kashrus which took so
companies, but without the large multi- The May 22nd statement read, in long to establish. In so doing, they will
nationals at the top of the food chain, part: “The allegations about the terrible willingly destroy our ability to purchase
they could never exist. They could never treatment of workers employed by kosher meat and poultry in every corner
supply enough product and produce all Rubashkin’s have shocked and appalled of this vast country.
the necessary ingredients on their own; members of the Conservative Movement So swept up are they in their role as
there simply are not enough resources as well as all people of conscience. great humanitarians that in the name
and capital to provide the infrastructure. As Kashrut seeks to diminish animal of benefiting immigrant workers and
This paper has been writing suffering and offer a humane method of animals, they are willing to do a terrible
periodically about Yeshivat Chovevei slaughter, it is bitterly ironic that a plant disservice to the Jewish people in this
Torah and warning of the dangers it producing kosher meat be guilty of country - robbing many of the blessings
presents. Some were not convinced and inflicting any kind of human suffering.” made available by decades of mesiras
sent in letters to the editor asking why And they are not stopping there. They nefesh on the part of dedicated people.
we are bothering with them. What does are setting up an organization by the By parading the unproven allegations
the Yated care about what Chovevei name of “Hekhsher Tzedek” to operate of PETA and other aberrant groups
does? How does it affect you? as a rabbinic kosher supervising agency. through the press that “kosher is not
The answer is as follows. In addition According to one of their statements, really clean,” that Orthodoxy does not
to the principle of kol Yisroel areivim “Hekhsher Tzedek would bring certified guarantee civil rights, who knows how
zeh bazeh, every city they penetrate kosher food into compliance with the many people these “humanitarians” will
and every beachhead we permit them to Torah’s tradition of ethical laws and cause to turn away in revulsion when
create represents a step backwards for the Jewish community’s commitment they see a kosher symbol on a product?
How many stores will they be able
to convince not to carry kosher meat?
How many companies will they be
able to hoodwink into accepting their
rabbinic supervision? How many people
Without the kosher multi-nationals will begin to honor the endorsement
of their rabbis? How many will begin
at the top of the food chain, questioning our system of kashrus
while swallowing the pop-propaganda
the heimishe companies could not exist of these arrogant groups?
Let us wake up and put a stop to
this misguided and dangerous crusade
before it is too late.

Perfidy in Iowa Page 15


August 8, 2008

A Tale of Two Cities

Lynch by Media

BY RABBI PINCHOS LIPSCHUTZ

As I waited patiently for my flight given a tremendous boost to secular Jewish Is it possible that they are really that
which kept on being delayed, my attention organizations and agencies that have their wrong? Can it really be true that the
switched to the TV screen broadcasting own ax to grind against the Rubashkins. New York Times, CNN, Representative
to the spaced-out people at the airport In particular, the JTA, the Jewish news Gutierrez, the Des Moines Register, the
gate. I thought I heard someone say the agency that supplies dozens of local Jewish Associated Press and everyone else is
name Postville, so I looked up. It was newspapers with news tidbits to stick making it all up?
CNN. Representative Louis Gutierrez (D- between the ads, has been generating a Having read much about Postville, I sort
IL) was railing against the owners of the stream of anti-Agri articles, as they promote of expected to find a picture-perfect little
Agriprocessors plant in Postville, Iowa. He the Conservative “Heksher Tzedek.” town of homes surrounded by beautiful
was calling for authorities to bring them What is this all about? Why is so much lawns and gardens which could be featured
to justice in the wake of the recent raid by attention being focused on this kosher plant on stunning postcards depicting idyllic life.
the U.S. Department of Immigration and located in Postville, Iowa, in the middle of I was also led to believe that the Agri Jews
Customs Enforcement [ICE]. Nowhere, USA? were ruining this fine picturesque town
In that raid, almost four hundred people To answer these questions and many with their unkempt homes and un-mowed
were arrested on suspicion of being illegal more, I set out last Wednesday night on lawns. In addition, the impression is made
aliens. Hundreds were summarily formally an eleven-hour journey to Postville. After that their strange and poor habits are on
charged and incarcerated, prior to their writing several articles defending the display as they parade around town and
slated deportation. Rubashkins, owners of the beleaguered drive their old jalopies as if they own the
The congressman, for good measure, plant, I wanted to see for myself what really place.
also lashed out at the federal government goes on there. The leadership mission was Well, not exactly. Driving through Iowa
for its “dehumanizing” treatment of illegal organized by Rabbi Pesach Lerner of the is indeed a special treat. As far as the eye
aliens. National Council of Young Israel. I agreed can see, all one encounters is growing corn.
The interview captured the lynch to participate only after being promised You see a lot further in Iowa than you do
mob mentality that has been gathering that I would not be expected to write an in New York, because the land is flat and
momentum against the Rubashkins in article about my visit. there are no hills or tall buildings to block
the press, led by the New York Times. I am no stranger to slaughterhouses. your view. You can literally see from one
The Times has run a spate of one-sided My father has been involved in the field of end of the horizon to the other. The simple,
articles painting the meat-plants’ owners as kashrus for decades and has taken me with pristine beauty is breathtaking. There
unscrupulous people intent on criminally him to visit several facilities. During the are miles and miles of nature’s bounty,
exploiting immigrants for their own years I was learning for semicha, I visited interrupted only by a farmhouse, silo, barn
personal profit. a couple of places on my own. Killing is or tree here and there.
A prominent front-page article in their never pretty, even if it’s only cows and And then you enter Postville, not even
Sunday, July 27 edition, and another one chickens under the knife. a one-stoplight town. Downtown is all of
the following day on page 11 tried to The New York Times, in its lead editorial two blocks long. The homes are neat and
recast a recent demonstration in Postville this past Friday, August 1, described much closer to each other than you would
protesting the government’s mistreatment the Agri plant as “A slaughterhouse in expect. They are nothing grand; many
of the illegals as a demonstration against Postville, Iowa, develops an ugly reputation are old and weathered. Though the Jews
the Rubashkins. for abusing animals and workers. Reports live on the same blocks as the indigenous
The Times article played up the of dirty, dangerous conditions at the population, you cannot tell which homes
complaints of a few aggrieved former Agriprocessors kosher meatpacking plant are Jewish and which are not. All the lawns
Agriprocessors employees, some of whom accumulate for years… The plant has been are trimmed, and the outsides of the homes
had lied about their age and their status to called “a kosher ‘Jungle’…The conditions are clean. So much for yet another lie which
secure jobs in the plant. The newspaper’s at the Agriprocessors plant cry out for began to spread when the chassidim came
transparent effort to whip up public the cautious and deliberate application of to town and was perpetuated in print and
outrage against the meat-plant owners has justice… made the official truth for years thereafter.

Page 16 Perfidy in Iowa


Nobody is double-parked. Nobody is even more sinister transpiring here? aliens employed by Hasidic Jews in a
seen speeding through the town or seems Did you ever wonder how a blood libel Bible Belt lily white corner of Middle
to be in any rush at all. And the “pushy, works? When reading stories of blood America? Who will rise to the defense
money-grubbing” Jews, as the media paints libels from years gone by, did you ever of the Jews? Who will cast doubts on the
them, are the nicest people in the world. wonder how people fell for those stories? story of “Jungle” savagery perpetrated
Perhaps we can understand the need to Did you ever wonder where the people by the rich, money-obsessed New York
vilify Agriprocessors in part by pondering of goodwill were and why they didn’t Jews everyone knows only care about
the controversy surrounding Wal-Mart. speak up? Did you consider that perhaps money? It’s a perfect real-life illustration
This chain store has become the all-around the stories were just fairytales that were of the rich taking advantage of the poor and
scapegoat for media and liberal Democrat overblown by writers eager to sell books? downtrodden.
bashing. Despite all the decent jobs they It wasn’t that long ago that pogroms Everyone buys into it - even our own
provide and all the products they sell at were perpetrated against the Jewish people - as the Hasidic Jews are portrayed
lower prices, which make them affordable population by illiterate peasants egged on as wild-eyed, fanatic, money-grubbers
for the lower-class families, the media by the Church and government authorities. straight out of Shylock, taking advantage
and politicians profess to care so much Today, thankfully, the gentiles don’t of a lower class population to further enrich
about, they have been virtually demonized. come after us with sticks, knives and themselves, and destroying a pristine
Politicians and demagogues who seek a guns; today, blood libels are a thing of the American town in the process.
cause and a headline have set up Wal-Mart past. However, as I was walking through We have previously exposed the
as their convenient whipping boy. the Rubashkin plant last week, I could hypocrisy of Jews who couldn’t care less
From the day Wal-Mart decided to keep not help but think that today, blood libels about kashrus, having the temerity to
their expertly managed stores union-free, and pogroms are still being perpetrated lambaste the kosher standards of the finest
they have been targeted. Vicious rumors are against us. Today, the pastor preaches to kosher meat plant in the world. What is
continuously fabricated about the company. illiterate aliens who benefit from a lifestyle perhaps sadder is when people who ought
The jobs, products and convenience they they could only dream of back home and to know better scratch their heads and
provide, and the charity they give, are encourages them to battle the Jewish boss wonder if perhaps they should also be
negated. The wealth they create is ignored. who is the source of their largesse. boycotting the company and its products.
The unions lobby against them relentlessly, Today, instead of knives and spears, the They don’t realize that they have been
while a rumor-mongering media and warmongers’ implements of battle are the hijacked by fraudulent individuals who
self-promoting politicians throw in their New York Times, CNN, JTA, and every have poisoned their minds with the steady
punches wherever possible. other media outlet looking for a good story drumbeat of their propaganda. They don’t
Is what is going on in Postville akin to and willing to twist the facts wholesale in realize that they have fallen victim to a
what happens in Bentonville, Arkansas, order to fabricate one. cleverly laid trap.
home of Wal-Mart, or is there something What can be a better story than illegal Ever since I toured the plant, it has been
gnawing at me: How do I say what I want
to say about what I saw without people
suspecting that I was paid off?
I can only report the unvarnished facts
and hope that people will be influenced
to take a closer look at an epic injustice
unfolding there.
The story of Agriprocessors and the
Rubashkins of Postville is a tale of two
cities, two factories, and two owners.
Incredibly, the same people the mainstream
media wants to lynch are hailed as heroic,
charitable, kind-hearted, decent bosses
and honest businessmen by those who deal
with them on a daily basis.
I had never met any of the Rubashkins
prior to my visit to Postville. I found them
to be eminently loveable, geshmakeh,
heimishe people you’d want for neighbors
and friends. They are full of chein and
seem to possess good doses of seichel tov.
You see the distinct pride they take in
the place that their family built up through
many years of hard work and much siyata
diShmaya.
Yossi Rubashkin, together with the
rav hamachshir, Rav Menachem Meir
Weissmandel, both repeatedly went out of
their way to point out the many hiddurim
in the shechitah, bedikah and salting
process at the Agriprocessors plant. There
is no cutting of any corners. You see how

Perfidy in Iowa Page 17


calmly the shochtim and bodkim go about for their anger is Agriprocessors. It is clear mitzvos min haShomayim and lead other
their work with patience and precision. that Mr. Catterson’s heart goes out to the Jews astray.
You realize how important it is to keep fine people under attack. The plant can be operating smoothly
this operation humming and supplying You hear from a variety of high- with two or more shifts a day, pumping
Klal Yisroel with mehadrin meat. This is level managers. They are all clean-cut, money and resources into what was a
not a potato chip factory, which we can all intelligent, experienced, well-spoken dying town, and the people who want to
live without. It contributes the most vital professionals, who clearly take great pride find fault with Jews will still try to find the
component of a kosher home. in their jobs and the standards they have horns which they know we hide under our
It is a priceless gift to have such a large established and maintain at the company. funny-looking beanies.
enterprise supplying American Jews - and They express their strongest support for We have to be upright, honest
Jews the world over - with the finest in the factory and their faith in its system and and forthright. We must fulfill the
kosher meat. We need to recognize the owners. commandment of “Vehiyisem nekiyim
worth, quality, importance and magnitude You wonder how this calamity befell mei’Hashem umi’Yisroel” [Bamidbar 32:
of this gift, or we may very well lose it, them. What sin did they commit, besides 22]. We must never lower ourselves to the
chas veshalom. being successful in a capitalist society, that levels of those who mock and torment us.
As you walk through the modern, clean, they deserve to be demonized and dragged We are an am kadosh, and will always be,
state-of-the-art facility, all the employees through the mud daily in the media no matter what they say about us or do to
you witness seem happy with their jobs. across the country and targeted by the US us.
They smile as they work and mill about Government for selective prosecution? We must go to whatever lengths possible
during breaks outside and in the clean, air- Pondering the bizarre unfolding of to help each other. “Ish lirei’eihu yaazoru
conditioned lunchroom, which the media events, you realize, finally, that there’s ule’ochiv yomar chazak.” When ehrliche
alleges doesn’t even exist. no mystery here. It’s really nothing new. Yidden are in trouble, we must rally
Every worker you meet speaks in Because this family is successful, because around them and support them so that they
glowing terms about his employer. They they resisted the unions, because they can maintain their stamina to be able to
say that they like the hours, are satisfied refused to honor the sham credentials of the withstand the onslaught of the yordei bor.
with the pay, and yes, Mr. New York Heksher Tzedek promoters, the Rubashkins We don’t jump to conclusions and
Times, they are satisfied with the overtime became a natural target. accept innuendo, no matter what the
pay they do receive. But on a deeper level, it’s not the source, regardless of whether the subjects
Everyone is so nice, friendly and chatty, Rubashkins that the world is in a frenzy are Lubavitchers, Satmar chassidim, or
it seems like a big, happy family. You begin about, it’s what they represent - the Jews from Bnei Brak or Teaneck.
to wonder, what is going on here? How can archetypical Jew, the eternal scapegoat. That is the meaning of achdus. That
this be? According to media reports, the We have become spoiled in this free is what Tisha B’Av is all about. That is
workers are supposed to be disgruntled, land of plenty. Unlike our parents and why we spend these Three Weeks and
mistreated malcontents working in a filthy, grandparents, we haven’t been constantly Nine Days mourning. During this period,
dirty, primitive plant overseen by cruel forced to defend our principles, our we must confront the fact that the reason
overseers, who force them to work long practices and our patriotism. the Bais Hamikdosh was destroyed, and
hours performing inhumane tasks. We live in a country where every man the reason it has not yet been rebuilt, is
You meet with Postville’s mayor, Robert is supposed to be treated equally, regarded because of the sinas chinom which still
Penrod, and hear him say, “We are very as innocent until proven otherwise. Thus, divides us. What can we do to bring
proud of the Rubashkins… I’ve always had when age-old stereotypes and canards rear back the Bais Hamikdosh? We can seek
faith in the Rubashkins… We’re looking at their ugly heads, we are surprised and don’t to improve our love for fellow Jews. We
everything positive and we have the support know how to react. must increase our ahavas Yisroel - not just
of the community… They have helped us But it is all essentially just another profess it, but show it, prove it and live
and helped the community. This plant is chapter in the sad saga of the exile that by it.
our livelihood. You are our livelihood and we commemorate this coming Sunday on We need to show our compassion for the
will continue to be our livelihood. We need Tisha B’Av. poor, the maligned, and the abused, and feel
to get this company back to what it was… Rav Weissmandel reminded me of what their pain. We need to help people affected
It’s gonna be a tough ballgame, but we will his rebbi, Rav Berel Soloveitchik zt”l, by the current economic downturn, along
get over it.” would repeat from his grandfather, the Bais with those who worry where their children
Gary Catterson, pastor of the local Halevi, during his Chumash shiur. are and what they are doing, and others
Presbyterian Church and president of If a person senses that someone else who can use our support.
Postville’s Food Bank, is effusive in his hates him because of his looks, he can We would do well to engage in more
praise of the Rubashkin family and their try to alter his appearance. He can seek to caring, sharing and thinking about our
charitable acts on behalf of all members of amend what it is about him that arouses the priorities should be, instead of being caught
the community. He says in jest that when ire of the person he would like to befriend. up with trivialities and superficial matters.
he hears all the stories and wild rumors However, if that person despises his very Sometimes, we become so accustomed
swirling around about the company, he existence, then all he does to transform to acting in a certain way that we think
wonders how anyone survived working himself will be of no avail. The other nothing of it and don’t realize how
there. fellow will continue to despise him. In fact, our actions appear to others and how
He ascribes the root of the anger the more he does to improve himself and inconsiderate we appear to be. Cynicism
directed against the company as coming make himself a better person, the more the takes over our thought process and
from people who want the town to revert other fellow will hate him. corrupts the way we think about our fellow
back to the way it was in 1955 - white And so it is with Eisav and Yaakov. So, earthlings. There is no better time than now
Anglo-Saxon protestant, and Norwegian too, with our unfortunate brethren who to replace negativity with a positive outlook
and German Lutheran. The obvious target don’t believe in the sanctity of Torah and and sarcasm with affirmative thought.

Page 18 Perfidy in Iowa


August 8, 2008

Why?

BY RABBI PESACH LERNER


Executive Vice President,
National Council of Young Israel

I have been asked recently why, even hungrier. being charged with things that were
out of all the national organizations, Soon, rumors become fact, and the just too outlandish to believe. The
the regional kashrus groups, and the unimaginable becomes real. Even papers were having an unjustified
many active and outspoken rabbis, the the believing and observant Jew field day at the expense not only of
National Council of Young Israel took unwittingly joins the frenzy, believing the Rubashkin family, but also of the
the lead to organize and coordinate the unbelievable. average Orthodox Jew. They were
last week’s national rabbinic mission Are all the accusations untrue? I did having a grand old time at the expense
to the Rubashkin/Agriprocessors meat not know, but I felt that they could not of our traditions relating to kosher
and poultry plant in Postville, Iowa. all be true either. meat and fowl.
After the facts, post mission, Menachem Lubinsky, CEO I did more homework. I called
it is easy to look back and take of Lubicom Communications rabbis and community leaders across
professional satisfaction that the and marketing consultant for the United States and discovered that
mission was successful. We saw the Agriprocessors, sent out an email to there were communities that began to
reality on the ground. We saw what is a select group of Jewish leaders and experience shortages of kosher meat
now being reported and, iy”H, we will activists. Apparently, I was on his and chicken. There were communities
be successful in getting the truth out, list. He asked: Where is the Jewish where the price of kosher meat and
in turning the tide of false criticism, community? How can we all sit back chicken was rising rapidly. I heard
in assisting members of a good family and allow a respected family to be so stories of the rabbis’ fear that the
who have invested their lives in vilified? Why is no one rising to their kosher meat and chicken shortage
supplying kosher meat and chicken to defense? would cause the marginal Jew, who
Jews across the United States, in large I responded that it’s a good eats kosher because it is easy to do so,
and small Jewish communities. At the question, but none of us have any to give up his kosher eating habits. I
same time, we hope we can increase information; we only know what we heard serious concerns about what
the level of communication between read. No one has shared any other the cost of meat will be in September
the many groups in Postville so that version of the story with us. How and October, during the weeks of the
all members of the community will can we defend that which we do not Yomim Tovim, when the demand
live in harmony. know? How can we challenge that for kosher meat and poultry would
But what went through our minds which we cannot defend? In response, increase.
a month ago as the idea of a mission Mr. Lubinsky organized a conference And yes, we began to hear rumblings
was born? call for Orthodox Jewish leadership from the liberal Jew, Orthodox and
The Rubashkin family was being and planned to share with us the otherwise, who began to challenge our
vilified in the Jewish and secular Rubashkin story, their response, and traditions of what is kosher and what
media. Rumors and accusations their view of things. is not, who began to call for additional
were flying everywhere. One rumor I knew the conference call was and varied kosher supervision, and
was built upon another. People’s coming; I had suggested it. I began who began to challenge the Orthodox
creative but perhaps evil minds were to research the issues. I read various Jew - the Torah Jew - in general.
fabricating things that, in an objective affidavits and numerous newspaper We had this disturbing information
and honest world, would be discarded reports. True, I could not comment in our hand. What would we now do
at once and would be thrown out with on all the accusations, but it was with it? How would we - and how
the day’s garbage. But we do not live obvious to any thinking person that should we - respond?
in such a world. And if the target is a the reports had crossed the lines of As Chazal tell us, “Demus diyukno
Jew and a Jewish custom, the media is believability; Agriprocessors was shel aviv nirah lo.” The appearance of

Perfidy in Iowa Page 19


his father - Yaakov Avinu - appeared and kashrus. True, we cannot defend be a challenge. We knew it would be
to Yosef Hatzaddik during his time of what we do not know, but we are impossible for everyone we did invite
nisayon. obligated to know. It is incumbent to participate. There were so many
I thought hard and long. What upon us to become knowledgeable good people to add to the list; how do
would my rabbeim in the field of so we can speak out and so we can we decide? We wanted the Orthodox
askanus, Torah activism, tell us to do? defend our traditions and people. We media to join in this mission, as well.
What would Rabbi Naftali Neuberger are obligated to discern the truth from We needed a serious group of rabbis
zt”l of Yeshivas Ner Yisroel in the untruth, fact from fiction. Once we and leaders to see for themselves, and
Baltimore do in this situation? What do our homework, we can decide how to ask the difficult questions. Then
would Rabbi Moshe Sherer zt”l of to proceed, how to respond, and what we could and would decide how we
Agudas Yisroel do if he were alive plan of action to take. would react.
today? What would my father-in-law, The conference call took place. We I thank the 25 leaders and rabbis
Rabbi Sidney Greenwald zt”l, a Torah heard from the senior management at who had the courage to join in
activist of over 50 years, advise me to the Agriprocessors plant. We heard this mission. There were flights,
do? from newly hired senior consultants. connecting flights, and delayed
What would the board at the We heard from individuals more flights - going and coming. There
National Council of Young Israel knowledgeable of the situation than were long van and bus rides. There
say? The board members are good we. was little sleep and there was a very
people who give of their time and But still, we were confused. How intense six-hour visit to the city of
resources for the greater Jewish could we defend that which we had Postville. The rabbis, lay leaders
community - the Young Israel and never seen? How could we challenge and media representatives who came
non-Young Israel communities. They without first-hand information? I asked demonstrated true leadership and care
are individuals who think of others, that question and I suggested that a for Klal Yisroel.
not of themselves. These are my fact-finding mission of organizational And we saw - but not what we
friends and colleagues, who together and rabbinic leadership visit the plant expected. As the reports indicate, we
allow the National Council of Young and community of Postville to see the saw a clean, modern facility. We met
Israel to act on behalf of our people. situation ourselves, and to talk to the satisfied employees. We heard from
We have taken the lead on behalf of people in person. My suggestion was professionals in the fields of safety,
so many causes in the past that it is accepted and the work began. the environment, worker relations
the continuing legacy of the National We needed to pick a date, work out and government compliance. We will
Young Israel movement. the logistics of transportation - there never know what took place in the
I knew they would all say not to sit is no airport near Postville, Iowa - and plant months ago; we can only testify
this one out. They would all tell us plan a serious itinerary. We needed to what we saw and experienced this past
to act on behalf of our traditions, to compile an invitation list. We invited Thursday, July 31, 2008, a day that
defend the availability of kosher food, over 50 organization and rabbinic will go down in history as a day Jews
to do what we can to give strength leaders, knowing that to arrange cared, as a day that the leadership of
to a European Jew who has fought such a trip on such short notice, our community took action, as a day
so hard for so many years for Torah during the summer vacation, would we can all be proud of.

Page 20 Perfidy in Iowa


August 15, 2008

The AP Story on Child Workers at Agri:


The Lies & the Facts

Recently, the Associated Press ran its HR department, and not by any official to perform the tasks of grown men and
a story titled “Former child workers notification. women, often with little guidance.
describe perilous environment,” alleging AP: The Facts:
that underage workers were mistreated at She was 17, and within days she was Strong statement about teenagers that
the Agriprocessors plant in Postville, Iowa. on a fast-moving poultry production line, were either never there or shouldn’t have
This past week, following the delegation of wielding a long, sharp pair of scissors. been there.
25 community leaders to the Rubashkin/ The Facts: AP:
Agriprocessors plant, the Orthodox She was trained and never got hurt. In They said that although their age and
media reported what is really going in the fact, Agriprocessors has an extremely good lack of skills were common knowledge
largest kosher meat plant in the country, insurance rating because of the paucity of inside the plant, they were subjected to
highlighting the fact that the mainstream claims. the same conditions as everyone else and
media has capitalized on every opportunity AP: were quickly immersed in an aggressive,
to defame the meatpacking plant. Here are “They never told me how to use them,” fast-paced operation. Under Iowa law,
segments of the aforementioned AP story, Lopez said in Spanish. “Things moved so no one under the age of 18 can work on a
followed by the facts. fast and I was always worried I would cut meatpacking plant floor.
Former child workers describe perilous myself.” The Facts:
environment The Facts: Agriprocessors published “job orders”
By Henry C. Jackson Every worker is worried that they might - notices seeking applicants for open
Postville, Iowa (AP) cut themselves. It’s simply the nature of the positions - always specify that applicants
AP: job, but the bottom line is that they don’t must be at least 18 years old. It has been
Luisa Lopez says no one asked about cut themselves. The chickens move at a and always will be their policy never
her age when she started working at the safe speed that can easily be handled by the to hire underage workers. Applicants
nation’s largest kosher meatpacking plant. line staff. sometimes falsify their ages in order to
The Facts: AP: gain employment, which apparently the
Every job applicant must fill out an Yesenia Cordero, whose round baby people in this story have.
application and provide documents, face makes her look even younger than AP:
including Photo ID. Ms. Lopez did the her 16 years, also said age was never an Cordero said she quickly grew to loathe
same. Those documents were seized by issue at the Agriprocessors plant, which coming to work inside the dank, cold walls
ICE in the May 12th raid. As Agriprocessors state officials allege employed dozens of the plant.
stated in its earlier statement, published of underage workers in an “egregious” The Facts:
“job orders” - notices seeking applicants violation of labor laws. Cold, dank walls? Is that what she saw?
for open positions - always specify that “I never think about how young I am,” From the various reports out last week, it’s
applicants must be at least 18 years old. Cordero said. “I never think I shouldn’t be not what members of the large delegation
It has always been Agri’s policy never here. I just think I need to work.” saw the previous Thursday. They saw a
to hire underage workers. Applicants The Facts: modern state-of-the-art plant and no dank
sometimes falsify their ages in order Desperate for work, she and whoever and cold walls.
to gain employment, which Ms. Lopez aided her in forging documents successfully AP:
apparently did. In 2007, Agri fired four did so. But she had no choice.
women in the sausage department who AP: “I was providing for my family,” she
had falsified their birthdates. Agri had Former underage workers at the said. “It was the only way.”
discovered that they were minors by an northeast Iowa plant describe a perilous The Facts:
independent investigation conducted by environment where teenagers were asked That’s why she broke the law, falsified

Perfidy in Iowa Page 21


documents and now claims she was a never hurt himself with the knife.” She said The Facts:
victim. She was a victim of her own he never let on if he was scared. But she was content.
deception. The Facts: AP:
AP: “He never hurt himself with the knife.” She and her partner were working when
She and Lopez were among 389 Shows that he was working in safe the plant was raided. They haven’t seen
undocumented workers arrested May 12 conditions, even if he was underage. each other since but have talked on the
in an immigration raid at the plant that set AP: phone, she said.
a record for most arrests in a single-site Agriprocessors has emphatically Luisa Lopez said she hadn’t wanted to
enforcement effort. Their cases are being denied state allegations that it knowingly work at the plant, but quit school to do so
processed, but they are among those illegal allowed underage workers into its plant. because her family needed the money. She
immigrants who have been released for On Wednesday, Menachem Lubinsky, said she never quite grew used to blood and
reasons such as caring for relatives. a spokesman for Agriprocessors, said gore she walked past on the floor, or to a
The Facts: the company has cooperated with state verbally abusive boss she had complained
Company records show that Loisa Lopez officials and “protests the issuance of about to no avail.
was hired on May 19, 2006 and quit August a press release that has patently been The Facts:
16, 2007 and could not possibly have been motivated by a desire to ride the crest of the Who was her abusive boss and who did
there at the time of the raid. On April 3, wave of current public opinion adverse to she complain to? There is no record with
2008, the Labor Commissioner conducted a Agri(processors).” Company officials have the plant or a government agency of her
surprise, on-site inspection of the plant. The said no further comment is forthcoming. complaint.
team consisted of five inspectors, of whom The Facts: AP:
one was described by the government Agriprocessors never said that it would Luisa Lopez and Cordero both describe
office as a professional in identifying not continue to respond to lies, mostly working at the plant as depressing,
minors. The team walked throughout put forth by the UFCW and their Church particularly in the summer. Cordero said
the facility, viewing the workforce and friends. she would long for outdoor work, like an
even questioning certain employees, and AP:
agricultural job in Iowa’s vast cornfields.
identified no minors working at the plant. Cordero said Henry Lopez hadn’t
The Facts:
To emphasize, the government experts did wanted her to work at the plant, but when
Well, unfortunately, it is an indoor job.
not find either Lopez who was no longer she became pregnant he agreed that she
People in offices are also not in the fresh
there or Corderro and Henry Lopez, so they could work there after the baby was born.
air. No one forced them to take the job.
must have done quite a job in concealing The Facts:
AP:
their identity and age. They were old enough to get married
“When you work many hours, many days
AP: and raise kids, but not even a question by
in the cold and it is warm outside it is very
Cordero’s 18-year-old partner, Henry the reporter about being married underage.
hard,” she said. “You get so sad and tired.”
Lopez, remains in custody. She said he was The forged documents must have worked
In Postville, where the May immigration
14 and not even a high school freshman here as well.
when he first picked up a long, razor-sharp AP: raid has deeply rattled residents, some
knife and went to work on the slaughter Cordero began in February, working in said that new revelations and openness
line. the plant’s quality control department. A about the working conditions inside of
The Facts: typical work week was six days, with long Agriprocessors were an unexpected benefit.
Once again a lie. Henry Lopez never hours - sometimes more than 12 a day, with The Facts:
picked up a knife. He worked in Quality only intermittent overtime pay. The Mayor of Postville and the Pastor of
Control and was responsible for data The Facts: the Episcopalian Church have said clearly
collection. He could not have been 14, There is no such policy at Agriprocessors. how they feel about the allegations.
since he was hired in June 2006 until the She worked the long hours because he AP:
raid. He was married and experts from the wanted the overtime pay. There is no “Maybe the closest thing to a good
Iowa Department of Labor did not identify documentation to support this claim. that I’ve seen out of this has been that it
him or even find him. AP: revealed how badly people were treated at
AP: “We were always tired,” she said. Agriprocessors,” said the Rev. Lloyd Paul
Cordero said Henry Lopez learned on The Facts: Ouderkirk.
the fly how to manage the dangerous blade That’s what happens when you have to The Facts:
and make the series of cuts required on the support a wife and kid and you’re not even The fact that Rev. Ouderkirk continues
chickens that came whipping by him. 18. to base his information on hearsay and on
The Facts: AP: poor evidence only proves that his agenda
The most dangerous tool that he may Cordero cleaned up messes on the floor is quite contrary to the Mayor’s and other
have handled was a thermometer and a and made sure departments had enough religious leaders. Note that the UFCW
clipboard. He was in quality control. ice to cool their products. She did not like is patently motivated to destroy such
AP: the work, but she was content, she said, companies as Smithfield, Wal Mart, Bashas
“He was brave,” she said. “He did his because she was helping to eke out a living and Agriprocessors. Smithfield and Bashas
work. He never was told what to do, but he for her burgeoning family. are currently suing the Union.

Page 22 Perfidy in Iowa


Op-Ed published in the Forward, August 22, 2008

What We Saw in Postville

Second Opinion

BY RABBI PINCHOS LIPSCHUTZ

In an August 15 editorial the Forward from the checkered one portrayed by the construction of a non-Jewish
attempts to apply to the Rubashkin the Forward. Aaron Rubashkin and his community center in Postville. As
family the talmudic principle of mu’ad wife are famed for treating everyone the Presbyterian minister told us,
— the proclivity of an animal to follow with dignity. They dispensed food and “everyone knows if they have an event
previous behavior — claiming that charity to Jew and gentile for more than in the community you call Agri and
Agriprocessors has a checkered past four decades. Anyone who grew up they are willing to help.”
and therefore cannot be trusted in the in the Boro Park section of Brooklyn But no matter. The past is no
future (“Judging Character — And surely remembers the Rubashkins’ indication of the present, and so I and
Kashrut”). The editorialist uses the restaurant, which has fed more non- two dozen other rabbis and community
argument to discredit the Orthodox paying customers than real patrons. leaders went to see for ourselves.
rabbis and community leaders, Postville’s mayor and the local Contrary to media reports, we
myself included, who earlier this Presbyterian minister reported that discovered a clean, modern facility.
month inspected the Agriprocessors Aaron Rubashkin is still up to his old The factory could not have been
slaughterhouse in Postville, Iowa, tricks: He helps with the local food prepared or constructed for our visit; it
and deemed its operations to be bank and the families of the workers was there before we arrived, and before
satisfactory. who have been detained still live in the media tumult began. We found a
The Rubashkins do indeed have a Rubashkin housing, many paying state-of-the-art quality control lab with
history of past behavior, but it is far discounted rent. He contributed to experienced American lab techs. The
control lab was four years old.
We found a remarkably large and
clean cafeteria with free bottled water
available for the employees. Curious,
we inquired of the employees how
long they have had the bottled water.
The response was that it had been
made available since they first started
working.
We also found happy workers who
worked hard but were paid fairly for
their efforts. And they welcomed the
overtime.
“Where else can you get an
overtime rate of $15 per hour,
starting?” we were told by one of the
workers.
In the August 15 editorial, the
Forward pejoratively references the
“three hours” that we spent touring
the Postville plant. “Three hours,” the
editorialist writes, “could not uncover
the extensive, egregious child labor
violations. Three hours wouldn’t turn

Perfidy in Iowa Page 23


up the voluminous evidence of abuse
gathered by the Forward in sexual
harassment, shorted wages, favoritism
and bribery in work assignments,
inadequate safety training and horrific
work accidents.”
Since when are allegations and
accusations considered voluminous
evidence?
Let’s get some perspective here. The
“three hours” was merely the time that
a large number of us actually spent in
the plant itself. We also met with the
department heads for human resources,
safety and compliance, as well as with
local leaders — even those historically
critical of the plant.
We witnessed conditions firsthand.
We roamed the plant without
restrictions. We randomly pulled
employees out of the processing lines
and interviewed them. Some of the there is a link to the United Food and In the editorial the Forward impugns
rabbis spoke Spanish, something the Commercial Worker’s union failed bid our findings, arguing that its body of
management could not have expected. in 2005 to unionize the Postville plant? critical reporting on Agriprocessors is
We dug, asking probing questions. The The union, after all, has by its own backed up by government investigators.
people were real; Hispanic, white and admission embarked upon a full frontal “If the rabbis didn’t want to believe
black. campaign against Agriprocessors. us,” the editorialist writes, “they could
Yet according to the Forward, Why are there Google ads — paid for have consulted the public record.”
the findings from our visit to the by the United Food and Commercial Well, we did. “Source #7,” the
Agriprocessors slaughterhouse ought Worker — pointing to negative articles informant planted at Agriprocessors
to be questioned. and comments about Agriprocessors by the federal Immigration and
Does the Forward believe that those whenever the word “Rubashkin” Customs Enforcement agency, was
of us who went to Postville simply is searched for? Why were there repeatedly denied employment at the
lied about what we saw? Maybe the ads placed by the union in Jewish slaughterhouse because the forged
thinking is that we can’t be trusted newspapers impugning the kashrut of papers the agency created for this
because we are Orthodox — never Agriprocessors? Why have there been individual were not accepted. True,
mind, of course, that the Rubashkins computerized phone calls in Yiddish
there were other sources for the
are Lubavitch Hasidim, while most to Hasidic neighborhoods — initiated
allegations against Agriprocessors —
of the rabbis who recently inspected by the union — impugning the kashrut
but accusations are not evidence. And
Agriprocessors are mitnagdim. of Rubashkin Kosher Meats? What
never mind the ludicrous assertions of
We did not see any people working sudden expertise has the United Food
there being a “meth lab” and weapons
there who appeared to be under-aged. and Commercial Worker union gained
manufacturing in the plant.
To be sure, we questioned the on-site in the laws of “Shulkhan Arukh,” the
Let us not confuse accusations with
USDA inspector. “If there were kids repository of the Jewish dietary laws?
There are, of course, a number of facts, nor discard the presumption of
working here,” the inspector told
other companies that have been on innocence until proven guilty. Those of
us, “don’t you think we would have
the receiving end of the United Food us who made the journey to Postville
noticed? It’s ridiculous.”
Did Agriprocessors ever employ and Commercial Worker’s campaign. may have not been to the plant before
minors? Federal records say yes. Smithfield Foods has initiated a lawsuit and cannot vouch for what took place
But can the company’s human against them for racketeering, claiming in the past, but on our recent visit
resources department be faulted for that the union used religious groups to there we most certainly saw strong
being duped by false identifications? accuse the company of being racist. management procedures in place
On our visit we discovered that Basha’s Supermarket in Arizona, and owners in full cooperation with
Agriprocessors has instituted the which resisted the union organizing, authorities and in compliance with the
federal E-Verification system in order has claimed in court they were the law.
to insure that false IDs will no longer subject of “defamation, extortion and Rabbi Pinchos Lipschutz is editor
be accepted for employment. trespass.” Shouldn’t all of this have and publisher of Yated Neeman, the
What, then, has thrust Agriprocessors made the Forward just a bit suspicious leading national Orthodox Jewish
into the news? Is it not possible that of the union and its claims? newspaper.

Page 24 Perfidy in Iowa


September 12, 2008

In Every Generation

BY RABBI PINCHOS LIPSCHUTZ

In this week’s parsha, we learn the powerful manifestation of Amaleik that, hate-driven people who then peddle their
positive commandment to constantly in previous times, decimated the Jewish wild allegations to mainstream media
remember what Amaleik did to us when we people. But we have suffered acutely outlets which, in turn, publish them in
left Mitzrayim. “Asher karchah baderech” in other ways at the hands of this evil their papers as authenticated facts.
is commonly explained to mean that nemesis. We have been humiliated and Last week, the nation’s “newspaper of
Ameleik, by flaunting their contempt for vilified in the court of public opinion. record” ran a story headlined, “Kosher
the Jewish people, dispelled the “shock A cursory reading of the current events Plant Accused of Inhumane Slaughter.”
and awe” that suffused the world when in today’s newspapers will give ample Who accused them? Read on and find
details of the miraculous redemption of evidence of the damage done by the out that it was none other than PETA, the
the Jews reached the surrounding nations. Amaleiks of our time. group of misfits who parade around the
Amaleik watered down that reaction Consider how the media has taken world ludicrously arguing that man is no
by brazenly attacking the weary Jews, on the cause of the unions in their battle different than animal and, therefore, both
showing the nations of the world that there against the Rubashkins of Agriprocessors species are entitled to the same rights.
was no need to fear people who had so in Postville, Iowa. It is only when you get to the fifth
recently been a slave population. For all Anyone who takes the trouble to visit paragraph that you find out that the
time, the Torah exhorts us, we are to keep the far-off plant, tour it and interview its accusation is bogus. The plant, in fact, was
alive the memory of the evil Amaleikim employees will find a state-of-the art, found by the Department of Agriculture
who, out of sheer wickedness, set out to modern, safe, clean facility we should all (USDA) to be “in full compliance with
destroy a fledging nation who had never be proud of. humane slaughter regulations.”
done them any harm. In so doing, they This week, charges were brought The sensational headline was intended
encouraged other nations to treat the Jews against the company for allegedly hiring not to inform, but to aid and abet the
with enmity and belligerence. under-age workers. Let us not be hasty to smear campaign against kosher slaughter.
Since our earliest encounter with the rush to judgment. Wait until the accused Decency and integrity would have
degenerate Amaleikim, they and their have a chance to defend themselves in a dictated that the story be dropped. Or, had
descendants throughout the ages have court of law. All the other charges bandied the editors felt that there was a great need
sought to instigate crisis and disaster about in the media are mere allegations for the public to know of the allegations
for the Jewish people. Whether through based on hearsay and don’t deserve to be against an already beleaguered kosher
actual warmongering or outrageous treated as fact. plant, they should have at least formatted
scandals, they have tried to undermine That hasn’t stopped the leading media the story in a way that would leave no
the Jewish nation and to poison our in this country from forming a figurative doubt that the USDA gave the plant a
image in the eyes of the world. In every lynch mob and going after Agriprocessors clean bill of health despite the charges of
generation, malicious individuals with the with the obvious intent of destroying the a radical left-wing vegetarian group.
defining streak of cruelty that exemplifies company. They slam it with all kinds of But if you are doing the work of the
the murderous Amaleik have exacted a false allegations, as if it were a cattle- and enemies of the Jewish people, why worry
tremendous human toll from our people. man-killing jungle of the early 1900s. over a lapse of journalistic integrity?
Amaleik sometimes manifests a Jekyll Blatant lies are passed around as truths Amaleik appears in so many different
and Hyde syndrome whereby he appears often enough that even many of our own guises. When a Jewish university
to want to co-exist benignly with us, but people believe them. Amaleik perceives maintains on its payroll a person who
behind the scenes works devilishly to that he can’t destroy us, so he slanders openly lives an immoral lifestyle and the
wreak havoc by portraying us as devious us instead, telling the world that we don’t institution’s president tells the New York
bloodsuckers who take advantage of the know how to treat animals or people. Post that he is “proud of my university and
weak in our zeal to amass fantastic wealth He says that we are mean, vicious and all my faculty,” is that not an expression
and rule the world. heartless, and he gets all the papers to of “asher karchah”? Such a person is
Thankfully, in our generation, we have print this rubbish. conferring legitimacy on behavior the
been spared the most venomous and He plants perverse ideas in the minds of Torah considers abhorrent.

Perfidy in Iowa Page 25


When its rabbinic faculty sits on the article about the 300-student educational Kaplan’s idea [was] that Judaism is an
sidelines and does not act vociferously institution, tries to cast the yeshiva as ‘evolving religious civilization.’ Reform
and publicly to project and protect Torah a bunch of weirdoes running a decrepit Judaism adopted Kaplan’s saying that
values, are they not reinforcing the moral school, it does quote Waterbury’s mayor halacha should have ‘a vote but not a
decline which is eating away at the fabric as saying that, “We feel comfortable veto.’”
of the Am Kadosh? that the yeshiva has held their end of the Isaac Mayer Wise. “Put Reform
Lately, Amaleik has worn another mask bargain.” Judaism on the map in the United States.
- that of a Jewish reporter and a Jewish And so it goes in the world of the He was one of the earliest American rabbis
news service that continuously distribute objective media. to push for family pews in the synagogue,
libelous reports about Agriprocessors, The same unions which turned countless a mixed choir, and counting women in
displaying no sensitivity for the truth. American factory communities into ghost the minyan. He wrote a new prayer book
Jewish news groups routinely dispatch towns now seek to do to shechitah what entitled Minhag America, with the goal of
articles disparaging religious Jews and they did to the auto manufacturers and uniting all American congregations.”
halacha, and no one calls them on it. knitting mills that used to dot this country. So there you have it. What is the purpose
Some have questioned why I have On Labor Day, the New York Times of such articles if not to enshrine those
taken such a strong stand on behalf of published a long article on the latest major who severed their connection with Torah-
the Rubashkins. I believe that the proper union battle taking place in New York City. true Judaism in the rush to the melting
course of action is to defend ehrliche It pertained to no more than 20 workers pot? By implication, the article denigrates
Yidden who have been wrongfully for a certain company in Brooklyn. Guess the accomplishments of Jews who have
accused and maligned. But more than that, which company that was? Agriprocessors. remained loyal to their traditions and
it is my perception that the Amaleikim That is the level to which they stoop to built communities and infrastructure to
hounding them are targeting not only the vilify religious Jews and our way of life. maintain authentic Jewish life in the face
Rubashkins. They are targeting you and Examples abound of the attempts of so many obstacles and roadblocks.
me and our ability to eat kosher meat in to minimize our accomplishments and Mainstream media ignores us as if we
this country. cause our neighbors and those less don’t exist until they find an opportunity
Equal opportunity destroyers, they fear observant to scorn us and to deride our to mock us.
they are running out of material with which accomplishments in this country. But we need not grow despondent. We
to bash the Lubavitcher Rubashkins, and I received an op-ed called “The Three need to remember the root of it all and

We have to defend ehrliche yidden


who have been maligned

are therefore taking aim at the Satmar Alle Most Important American Jews.” It piqued why it is happening. We need to recognize
Packing Company. my interest. I thought that if it was sent to the insidious wiles of Amaleik and know
And they don’t just write against the Yated, perhaps it contained a message that Hashem will rescue us from them if
shechitah. They have other pet topics as for me. The author was kind enough to we remain loyal to his commandments.
well. Take yeshivos, for example. They write that the article appeared in last We need to greet everyone who we meet
never tire of proclaiming that our yeshivos Thursday’s Jerusalem Post, but he was with kindness and civility. We must display
are dirty, sloppy and intellectually- making it available to other newspapers. proper patriotic symbols and behave
lacking, and foster no interest in history, To commemorate the 354th anniversary honestly in all our financial interactions.
community or architecture. of the arrival of the first boatload of Jews That way, when our neighbors read
A recent article against the Waterbury to America, the author “surveyed several scandalous charges about us in their local
Yeshiva in the local Connecticut dozen leading American Jewish historians papers and hear ludicrous allegations on
paper reports: “Leaders of the Hillside about who they think would qualify as the the local news, they will know that these
Neighborhood Association say the sect three most important figures in American charges that tar all Jews with the same
has failed to bring enough Jewish families Jewish history.” brush are far from the truth. They will say,
into the neighborhood, has allowed its Your answer would likely include Rav “Well, I have a religious Jewish friend and
properties to deteriorate and has failed to Aharon Kotler zt”l, the Satmar Rebbe he’s dignified, upstanding, scrupulous and
maintain the once-grand Benedict-Miller zt”l, Rav Shraga Feivel Mendlowitz zt”l, cordial. These accusations can’t be true.”
house…Empty buildings owned by the or some other men of similar caliber. This is why the pesukim are there in
yeshiva pepper the neighborhood. Several According to this survey, however, you the Torah for all time. For even when
are falling into disrepair.” would be wrong. we are not able to identify precisely who
According to the article, religious The winners are: Amaleik is, we are to be on the lookout
Jews are “a sect,” an offshoot branch of Louis Brandeis. “He was the first Jew for those who follow in his ways, seeking
Judaism marked by a goofy and unkempt appointed to the Supreme Court, the to badmouth and undermine us. We are to
appearance. Yet with all this, they still personification of the American-Jewish remain undaunted and counter their base
complain that there aren’t enough of synthesis.” tactics with dignity and refined conduct
us in their midst! Though the paper, the Mordecai Kaplan. “The key figure befitting bnei Avrohom, Yitzchok and
Republican American, in its September 7th in the Americanization of Judaism. Yaakov.

Page 26 Perfidy in Iowa


September 29, 2008

Interview with
Rabbi Menachem Genack
Chief Executive Officer
and Rabbinic Administrator, OU Kosher

CONDUCTED BY RABBI YITZCHOK HISIGER

Q: Agriprocessors, in Postville, Iowa, reporting to Mr. Feldman, who will work, The second thing we requested was
recently hired a new Chief Executive together with the compliance officer, to that they appoint a new CEO, to manage
Officer. What are your thoughts about ensure full compliance with the law and the plant and put in place a management
the appointment and what challenges will hopefully rebuild the level of production team. The Rubashkins have been besieged
the new CEO face as the company moves both in terms of the supply of kosher meat from all sides. Some of the allegations
forward? as well as from a financial standpoint. are wrong, many are certainly not valid,
A: The company appointed Mr. Bernard Obviously, the quicker all this can be but they were being paralyzed by all
Feldman, a well-known attorney from accomplished the better. We’ve already these things swirling around them and
New York, to serve as the new CEO. I met begun seeing shortages of meat, especially they didn’t have the capacity to move
with him for several hours together with with Yom Tov coming up, so the quicker the company forward. They desperately
the chairman of the Kashrus Commission they can raise the level of production the needed someone to come in and present a
before they announced the appointment. better. new face to talk to the world, to deal with
We were impressed with him. He has We are very happy that the company has the public, to put procedures in place, and
the skills set they need, even though his come to this resolution and we hope Mr. move forward past these allegations.
history has not necessarily been in the meat Feldman will be successful in his new role. Since then, the OU spoke to the owners
business. He’s been an attorney in New Q: To provide some background into regularly to retain a new management
York for many years and his expertise has this recent appointment: Reports earlier team. We told them then that if criminal
been in turning companies around. He has this month stated that the Orthodox Union charges, state or federal - and the federal
done workouts for over 100 companies, had said it would consider withdrawing investigation is still in progress - are filed,
taking institutions in distress and putting its kashrus certification of Agriprocessors we have to have a position in terms of
them back on track. unless new management was hired, after kashrus generally, for the well-being of
He will face several challenges, but has Iowa’s attorney general filed criminal kashrus - not just the OU - that we are in
indicated that he is going to be independent charges against Agriprocessors for control of the situation and that we can
in terms of making decisions. He is going knowingly employing underage workers. move forward.
to look to bring in his own managerial A: This story was not just a local story Our goal in this was not, by any means,
staff, a new CFO and other positions. His related to one plant. It became a national to close down Agri. Our goal has been to
immediate challenge is to bring production story. It was on the front page of the New make sure that people have a favorable
up, to create a stable workforce, and to be York Times, Barack Obama spoke about view of what’s happening there and
the spokesman of the company in terms of it. After the federal raid in May, the OU schechitah in general. In addition, our goal
the media and other matters such as labor had two requests of the Rubashkins who very much is to help move from the status
issues. Based on his background, I think he own the Agriprocessors plant. One was to quo - where the company is now - to a new
has the skills that are required. He is also put in place a new compliance officer to reality, which can only be helpful to them.
going to consider finding a partner to help make sure that the company is running in Hopefully, Mr. Feldman will do exactly
rebuild the company financially. consonance with all state and federal laws that.
Everyone at the company will now be and regulations. They appointed James As an aside, there is no question that the
Martin, a former Senior Federal U.S. government’s initial action in terms of the
Attorney, to serve as Chief Compliance raid in May was completely unprecedented.
Officer and oversee all of these issues. The government - and this was reported in
In addition, they hired a former OSHA the New York Times, so it is not a chiddush
The government action (Occupa-tional Safety & Health Adminis- - had never before taken illegal workers
tration) representative. In our opinion, themselves and put them in jail; they
was unprecedented these were both very good appointments, usually just deported them. What they did
on a public relations basis, and, more this time was put them all in jail for five
importantly, in terms of making sure that months. This, in itself, was terrible. They
the plant is indeed in compliance. denied these people due process, as many

Perfidy in Iowa Page 27


of them didn’t understand English well and been inundated with emails of the distress Q: What do you feel about the Hekhsher
didn’t understand the court procedures. that they have with the disarray and the Tzedek program started by a group of
The government put on pressure and charges in relation to Agri. Conservative rabbis aiming to monitor and
raised the ante in an unprecedented way Q: Why did this happen to Agri and certify working conditions in kosher food
on the owners as well. Two weeks ago, not to any other company? Why are they production?
they arrested two HR (Human Resources) focused on Agri? There has been a lot of discussion about
employees at Agri as the US Attorney tries A: I believe there are two reasons. One this. We don’t agree with the Heksher
to build a case. is because Agri was in the crosshairs after Tzedek for the following reason which has
I am quite confident that the new CEO, the story with PETA four years ago and been our stated position. Parenthetically,
who is mutually agreeable to everybody, also because of the UFCW’s attempts to we don’t want the Orthodox position to be
can help them through what is obviously unionize the plant. perceived as insensitive to ethical issues,
a very difficult period, not only for What we said in the newspapers is animal welfare, tzaar baalei chaim, etc.,
this company, but for the perception of not that we insist that Agri unionize; we because all of these issues, which we
kashrus in general. The OU’s intention is have no position on the matter. What we should be proud of, are rooted in the Torah.
only to preserve the prestige of kashrus suggested was a dialogue. The company The principle of halon es sechar sochir was
and the dignity of the company. Moving has to determine on its own whether or just in the parshas hashovuah the week
forward, we fully believe that this can be not it wants to unionize, and what the before last. Tzaar baalei chaim is a Jewish
accomplished. advantages to doing so might be. principle. However, we don’t believe
Many of the charges written in the Everything that we’ve done, in terms that it is the responsibility of the OU or
papers - especially the more lurid ones - of the OU, is meant to mitigate chillul any kashrus agency to be the arbiters of
are almost certainly untrue. There is no Hashem, but in the end to make this a those issues, because they are all covered
meth factory in the middle of the plant. stronger, better company that people can by different federal and state laws and
We don’t believe that there was any rabbi respect and have confidence in. regulations. State and Federal agencies
involved in abusing a worker - someone Our goal is only to make Agri stronger. - the USDA, OSHA, FDA, and the EPA,
charged that a worker’s eyes were duct- The Rubashkins, fundamentally, are good which handles environmental issues - have
taped - as there are no medical records people. They are known to be baalei the authority and expertise to handle these
of any of that. Many of these charges are chessed. They genuinely care about issues. We don’t. The Heksher Tzedek
completely untrue. kashrus. They sell to communities where notion sets what will ultimately be very
The fundamental issue is whether Agri they are the only kosher supplier, and they arbitrary and amorphous rules about what
was complicit in hiring illegal workers. do this often where there is no profit, and is considered appropriate standards.
We should understand that this issue has often even at a loss, just to ensure that One of their standards is that the
a national context. They are focusing only kosher meat is available in those areas. We companies should pay their workers above
on this company, and of course we can’t want to maintain that and we want to help median or average wage of that given
ignore that, but the issue of illegal workers them. industry. Does this mean that any company
is not an Agri story, it’s a national story. The actions the OU took prior to the that is paying their employees less than
The United States currently doesn’t have recent appointment, though painful, were that is unethical? Does that mean that if
a clear national policy vis-à-vis illegal absolutely essential. They were really a company has to pay above the median
workers, and there are 13-1/2 million illegal based on a public position taken by the wage that half the companies of the
immigrants in the country. Many of these OU for over a five-month period that United States - the half under the average
companies - meat companies and others simply could not be ignored or else people - are automatically unethical? That simply
- have illegal workers and some of the wouldn’t take us seriously and because we defies logic. We will not put in place such
companies don’t even know about it. Two were concerned about the chillul Hashem standards.
years ago, the world’s second-largest meat that’s out there. We supervise plants throughout the
processing company, Swift & Company, Q: There reports were that you are globe. We rely on the local - state or federal
was raided by the federal government and negotiating to bring unions into the plant? - authorities to manage these issues. We
they closed down six of their plants because Do you feel that unions will rectify the don’t have the ability or the expertise to
of the many illegal workers there. So this situation? do it. Our focus is on what we know - the
is in no way unique to Agri and people are A: I think some people have Shulchan Aruch, the halachos of kashrus.
unfortunately viewing it as such. During misunderstood our position. To make Q: Is it the responsibility of a kashrus
the Swift raid, the government didn’t take it clear, we don’t think that OU plants group to worry about a company’s legal
any action against the workers, except necessarily have to be unionized. We don’t affairs? Why should you be different than,
for deporting them, and took no action have a position about that. After all, only say, the USDA which also certifies plants
against the company management. Agri one-third of meat plants in the United but doesn’t get involved with other issues?
has been caught in the vortex of a sudden States are unionized. The ultimate decision A: That is not correct. Actually, the
change in federal immigration policy and lies with the company and its labor force to USDA does get involved in other issues. In
enforcement. make this determination. fact, part of the defense of the Rubashkins
We have to respond to these problems,
however, because for us, at least for the
OU, our constituency is not just frum
families living within frum communities.
We want to make sure that people have Our position has been misunderstood
a good perception of kashrus. There is
a movement, which is a positive but still
in an early stage, of non-Orthodox Jews
coming back to kashrus and the OU has

Page 28 Perfidy in Iowa


is that this plant has 20 USDA inspectors. grown, and we have to protect it because it
They are the agents of the federal can just as easily collapse.
government. This is also part of the cheshbon with
People ask, how come your mashgichim the Agri story. We have to be careful for
didn’t notice these violations? Well, the lots of reasons what the perception of
USDA inspectors didn’t notice some of We take kashrus for granted Orthodox Jews is.
these things either. So either these things We grew up with kashrus supervision,
never happened or they aren’t so easily which is why many take it for granted.
perceptible. The beginning of kashrus supervision
If a person is an illegal alien, for began back in 1925, when the first OU
example, what they do is come with relationships. The new CEO will hopefully supervision took place. Rabbi Alexander
false documentation and they present be on top of all these issues. Rosenberg became the administrator of the
it to the company. I am almost certain As we stated, our goal is to have the OU in 1950, I believe, and he really built
that this is what happened in terms of plant running properly and be able to it up with Rav Leizer Silver and others to
the government’s claim that there were respond to the whirlwind around them. get basic ingredients under supervision, so
children under 18 working in the Agri Q: In general, are you proud of the state that they could build a chain further. It just
plant. I am certain that the Rubashkins of kashrus today in America? What are you kept on growing.
didn’t know about it, as these workers most proud of in the OU? We are in places where some years
come with false documentation, and it is A: There are always things that we can ago it would have been unimaginable for
not only their name that is false, but their do better, but we should understand that OU Kosher to operate: China, Turkey - a
ages as well. So how would they know the kashrus system that has been created Moslem country – and even Tibet! Our
what the ages of these employees are? in the United States - and obviously the Rabbinic Field Representatives roam
Nevertheless, we have a responsibility OU has played a major role, but it is not the world for OU Kosher. Our rabbinic
to our community to make sure that people exclusively the OU - is something really coordinators, here in New York, are in
view us - not the OU, but the Orthodox remarkable. The idea behind the OU kind constant contact with them, going over
Jewish community - as the caring, of system, and the other supervisions not only business details but halacha
responsible people we in fact are. So it is which follow, is that people can keep as well. We have Rav Belsky and Rav
not something that we can simply ignore kosher and get products any place in the Schachter as our poskim. We work
and say that it is unimportant, when it is United States with no additional cost. The closely with the Rabbinical Council of
a major national issue that we’ve been only area where there are additional costs America and their Kashrut Commission
struggling with for a very long time. We are basically cheeses and meats. You can who oversee the halachic standards of
can’t just deal with the world as we’d like go to any supermarket and you’ll see so the kashrus division. We are deeply
it to be. We have to deal with the situation many different hechsheirim on hundreds involved in kashrus education on many
as it is. of thousands of products, which it makes levels, from very young school children to
Allow me to add that shechitah is under it much easier to be a Jew in the United distinguished rabbonim and rabbeim who
attack around the globe, in other areas as States. want to strengthen their kashrus skills. In
well. There are very few slaughterhouses Rav Yacov Lipschutz once related to August, our ASKOU program provided
that are available. One of the tremendous me something that I think is a wonderful hands-on kashrus training to dozens of
assets that we have is Dr. Temple Grandin, quote. He said that Rav Soloveitchik once rabbis and advanced students. Last week,
Ph.D., Professor of Animal Science at told him that when you see the OU symbol it gave a live kashering demonstration to
Colorado State University and one of on a product, it speaks to the vitality of the a very enthusiastic group from the Satmar
the most accomplished and well-known American Jewish population. Yoreh Deah Kollel in Monroe, NY, as part
adults with autism in the world. She is That having been said, it is a very fragile of our ASKOUtreach program. That’s an
known worldwide for her work on the system, and one that we can only have in incredible development!”
design of livestock handling facilities. In America. And it should be understood that the
North America, almost half of the cattle Lord Immanuel Jacobowitz, former OU is not just kashrus, but indeed, OU
are handled in a center track restrainer Chief Rabbi of Great Britain, once asked Kashrus helps fund NCSY, which is,
system that she designed for meat plants. me how to create such a system in Great with the exception of Chabad, by far the
She was a friend of Agriprocessors and Britain. I told him that he won’t be able to largest kiruv organization in the world;
we brought her down to the plant. She do so for two reasons. First of all, there is an Yachad, which gives a Jewish experience
came and gave advice to the plant, which entire overlay of anti-Semitism in Europe. to developmentally disabled Jews from all
quieted down the PETA attack at the time. Secondly, there isn’t a large enough over the spectrum, from chareidi to non-
Later, the company didn’t maintain that market there that makes it worthwhile for observant; and the Job Board program,
relationship or maintain her standards and companies to do it. which has found employment for hundreds,
she criticized the plant. That’s unfortunate, The perception that companies have many of them long-term unemployed.
for she was not only an ally for us in terms of ‘kosher’ is critical to their willingness That’s just a few of the programs OU
of the shechitah there, but an ally for us to buy into it. It is very fragile, as I said, Kashrus makes possible.
in terms of shechitah in general, because because why should every major company So there is much going on in the kashrus
she said that she thought that shechitah, have a hashgacha? Part of it is very world - and at OU Kosher. We want to be
when properly done, is a humane fashion leveraged. They want to sell to pockets devoting our full attention to our basic
of slaughter. This is a woman who has the of Jewish populations that care about mission - to bring the highest level of
most credibility in this area. It is regarding kashrus, like New York, Chicago, Florida, kashrus to the Jewish people all over the
these kinds of things that we have to make parts of California, and so on. But we have world.
sure that the situation doesn’t atrophy and to always recognize that it is a little bit of Kesivah vachasimah tovah to all your
that we are on top of it and maintain these a mofeis, a miracle, that this system has readers and all of Klal Yisroel.

Perfidy in Iowa Page 29


January 2, 2009

Equal Protection Under the Law

BY RASHI RAICES

American Jews beware. If you run United States. According to Deegan, It would be difficult for Mr.
afoul of the Justice Department, your Jews pose a flight risk. Rubashkin to go anywhere, as he and
chances for bail are slim to none. It wasn’t so long ago that the his wife surrendered their passports to
That’s the new legal concept created American legal system singled out the court some time ago. Still, the US
by the office of US Attorney Matt Japanese Americans for special Attorney claims that Mr. Rubashkin is
Dummermuth in Northern Iowa. treatment under the law. During World a flight risk. His evidence? He found
Their policy singles out Jews as a War II, the Supreme Court authorized a bag in Mr. Rubashkin’s bedroom
special category to be denied bail the imprisonment of American citizens with his children’s passports and some
due to Israel’s Law of Return. The based on their Japanese heritage. This cash. The Rubashkins have an autistic
Israeli law provides citizenship to any ruling has become one the blackest child who opens drawers and closets
Jew immigrating to the country. It’s moments of American jurisprudence. indiscriminately. I know this kid; he
much like the asylum clause in US The issues between the US Attorney gets into everything. They placed these
immigration law, designed to offer and Shalom Rubashkin have been documents in a secure place, away
refuge to Jews fleeing oppressive brewing for a long time. This is his from his reach. Does Deegan think that
regimes. It’s never been used to give second arrest and indictment. If he Mr. Rubashkin could have traveled
haven to American criminals. The US wanted to run, he would have done it to Israel, the country with the tightest
and Israel have an active extradition already. Mr. Rubashkin’s second arrest airline security in the world, on the
treaty. Routinely, accused criminals are took place on a Friday so that the US passport of a ten-year-old?
sent from one country to another. The Attorney could ensure that he would be Deegan didn’t find a ticket to Israel,
judicial systems have been cooperating forced to be in prison on Shabbos. He nor did any travel agents testify that
for years. was already wearing an ankle bracelet
Mr. Rubashkin ordered or inquired
We have yet to see if this policy of from the first arrest, and Deegan
about a ticket. Nor did he discover
singling out Jews will only apply in this knew where he was. He could have
any evidence that Mr. Rubashkin even
part of Iowa or if it will serve as new allowed Mr. Rubashkin to surrender,
made a Google search for tickets.
legal precedent across the country. This as is common in such cases. Instead,
innovative legal theory was constructed he chose “shock and awe,” rolling into The fear of fleeing to Israel is a theory
by Peter Deegan, prosecutor for the US Postville on Friday when he knew he that the US Attorney created, a new
attorney’s office, in order to prevent bail would be able to hold Mr. Rubashkin risk, not based on any legal precedent
for Shalom Rubashkin. He is accused over the weekend. or evidence from the investigation.
of a non-violent financial crime related The people of Postville know Mr. So all American Jews, religious Jews
to the meat plant in Postville, Iowa. The Rubashkin very well. It’s clear to us in particular, be careful. If you keep
US Attorney argued in front of Federal that he has no intention of evading your children’s passports tucked away
Magistrate Jon Stuart Scoles that prosecution. He wants his day in court in your bedroom with a few dollars,
Israel’s Law of Return could provide so that he can defend his reputation. you will be denied bail.
a safe haven to Shalom Rubashkin and He feels maligned, singled out for As a kid, I studied the Constitution
therefore bail was denied, as the judge prosecution. What other case of illegal and the Bill of Rights. It promised equal
wrote in his ruling. workers has prompted such aggressive protection under the law. How can we
French can run to France, Mexicans prosecution? be sure of this in America today, and
to Mexico. If you have a Russian That’s why over thirty of us, myself particularly in our great state of Iowa?
heritage, there is little fear that you included, pledged our homes as bail for •••••
may return to your ancestral homeland. Shalom Rubashkin. We know him best Rashi Raices is a principal of an
Jews, in the eyes of the US Attorney, and we are willing to put our families’ elementary school in Postville, Iowa.
are a special category of law when it security on the line for him. We, his She has lived in Iowa for over 13 years
comes to bail. They are to be treated friends and neighbors, know that he is and Postville is her home. Her email
different than all other citizens of the not planning on running anywhere. address is gr8aba@yahoo.com.

Page 30 Perfidy in Iowa


January 16, 2009

Prominent Rabbonim Visit


Reb Shalom Mordechai Rubashkin
Representatives of Major Rabbinic Organizations Protest Incarceration Without Bail

BY YISROEL LICHTER

The scene was surreal. Reb Shalom was slated to attend but was unable to At the same time, we are here to visit
Rubashkin standing in jail in bright do so at the last moment. Mr. Rubashkin and hopefully give him
orange prison sweats with the words In conversations with the Yated, strength to get through this difficult
“Dubuque County Jail” emblazoned Rabbi Zwiebel, Rabbi Lerner and Rabbi ordeal. This continued incarceration,
across the back, incongruously wearing Hecht all expressed the profound feeling while he awaits his day in court, is
a borrowed black hat and gartel as he of chizuk that they felt Reb Shalom had difficult for him and his family,” said
said the words of chazoras hashatz. received from the visit. Most amazing Rabbi Lerner.
It was the first time that he was zoche was that they all expressed a feeling of The delegation headed out of New
to daven with a minyan since his chizuk that they themselves got from York early Monday morning, changed
incarceration on November 14. Reb undertaking the trip, speaking with planes in Chicago and finally arrived in
Shalom, who in an unprecedented and Mr. Rubashkin and davening with snowy, freezing Dubuque, Iowa, where
troubling ruling was denied bail by the him. “This was the primary purpose they were joined by some local rabbis.
magistrate, davened with great feeling, for which we undertook the trip,” said Although each rabbi was originally to
as the words emotionally poured Rabbi Lerner. “To give chizuk to Reb be allotted a fifteen-minute slot to visit
from his mouth. “Go’el Yisroel - Who Shalom.” privately with Reb Shalom, in the end
redeems Israel. Ki lishuascha kivinu The second purpose of the trip was the prison authorities permitted all of
kol hayom - for Your salvation we hope to express concern over the reason for the rabbis to visit together and they were
everyday…” which the magistrate refused bail for thus able to daven Minchah together.
Indeed, the scene may have been Mr. Rubashkin. Mr. Rubashkin is being “It was clear,” said Rabbi Hecht,
surreal, but the circumstances of forced to sit in prison because he has “that Reb Shalom derived tremendous
Reb Shalom Mordechai Rubashkin’s been deemed a “flight risk” as a result chizuk from the visit. Nevertheless, Reb
imprisonment are certainly not. They of the Israeli “Law of Return” that Shalom told me and the other rabbonim
are downright troubling. grants automatic citizenship to Jews. that although he now seems upbeat,
On Monday, January 12, a This represents a precedent that could there are times when it is extremely
remarkable gathering took place at the conceivably be used in the future to difficult. Being separated from his
Dubuque County Jail. Rabbinic leaders deny bail to any Jew. family, his children and especially
representing a broad range of the cross- The third purpose of the trip was his autistic child, with whom he has a
section of American Jewry came to the to express their collective feeling that special relationship, is very hard.”
Dubuque Iowa Jail where they met with Shalom Rubashkin does not represent “In fact, Reb Shalom is not even
Shalom for about one and a half hours, a flight risk, and declare their trust in allowed to meet with his younger
after which they held a press conference Mr. Rubashkin by publicly putting the children. Even the periodic meetings
outside of the jail. reputation and credibility of each of with his wife are by video conference,”
The group of leaders included Rabbi their organizations on the line. “Shalom explained Rabbi Hecht. “The only Jews
Chaim Dovid Zwiebel, Agudath Israel is well aware of how many people have with access to him are clergy. Yes, his
of America; Rabbi Pesach Lerner, advocated on his behalf, and a betrayal religious needs, seforim and kosher food
National Council of Young Israel; Rabbi of their confidence would cause are provided for, but Shalom Rubashkin
Yaakov Wasser, Rabbinical Council of irrevocable damage to himself, his belongs at home with his family until he
America; Rabbi Moshe Elefant, Union family, his community, and the many has his day in court.”
of Orthodox Jewish Congregations of honorable individuals who have shown Rabbi Zwiebel related that davening
America; Rabbi Shimon Hecht, National their support for him,” said Rabbi Minchah in the jail was something
Committee for Furtherance of Jewish Yaakov Wasser. that he was sure none of the rabbonim
Education; and Rabbi Yossi Jacobson, “We are just seeking fair and equal will ever forget. “It was an extremely
Chabad Lubavitch International. Rabbi treatment, from the justice system, moving experience; an experience
Gershon Tannenbaum, Rabbinical for Mr. Rubashkin, no more and no that simply can’t be put into words…
Alliance of America/Igud Horabbonim, less than anyone who applies for bail. seeing Reb Shalom, nobly serving as

Perfidy in Iowa Page 31


chazzan in orange prison clothing… continues to insist that he be confined is ironic that the very law of return
experiencing the heartfelt tefillos of all to prison. that was designed to save Jews from
who were present…” The rabbis explained that the oppression was now being used by the
Indeed, at the press conference imprisonment is unnecessary, excessive American government to treat Jews as
following the visit, the rabbis declared and discriminatory against all Jewish second class citizens by deeming them
“that not only is Shalom Rubashkin not Americans. They were highly critical as flight risks. The implications of this
a flight risk, but he wants the opportunity of the U.S. Attorney’s office, which ruling are painfully ironic. The State
to face his accusers. He wants his day in has taken the extraordinary step of of Israel, shortly after its founding,
court to prove his innocence in face of classifying Mr. Rubashkin as a flight enacted the Law of Return to assure
the serious charges leveled against him. risk because of his Jewish heritage, Jews in countries where they are treated
The rabbis also argued “that not only arguing that the “Law of Return” as second-class citizens that they had a
would Rubashkin dishonor himself would enable him to flee to Israel. home in the Jewish State. Now, under
by fleeing, he would dishonor all of During the press conference, Shalom the logic of Magistrate ruling - and the
the rabbis and organizations who have Rubashkin’s attorney, Guy Cook, said federal prosecutors who advanced the
supported him.” that “According to the way the Law argument - the very fact that the Law
Since his detention, they said, dozens of Return has been applied to Mr. of Return exists is basis for treating an
of Jewish Iowans have offered their Rubashkin, Attorney General Michael American Jewish defendant as a second-
homes as collateral for bail, totaling Mukassey or Secretary of Homeland class citizen, keeping him confined in
$2 million, as has a Brooklyn man Security Michael Chertoff pretrial detention under circumstances
whose home is valued at $4 would present the same flight where non-Jews might well be released
million. The court has also risk if indicted for a crime.” pending trial. The implications of
received nearly 300 letters Indeed, in a letter this ruling are also breathtakingly
testifying to Shalom’s to Attorney General staggering. The notion that Israel’s Law
character. Nevertheless, Michael Mukkasey, of Return makes Jewish defendants
the government Rabbi Zwiebel greater flight risks than their non-Jewish
wrote: counterparts could result in wholesale
“It denials of bail to Jewish defendants
who would otherwise be eligible for
release pending trial merely on the basis
of their religious identity. Needless to
say, this ruling is both deeply offensive
and extremely troubling.”
The Orthodox Union’s President,
Steve Savitsky, also penned a letter to
the Attorney General expressing his
concern over the troubling use of the
law of return as reason to deny bail.
On the way home, the delegation
ran into a snowstorm that severely
delayed them. At one point it looked as
if they would have to spend the night
in Chicago. Rabbi Hecht related: “I
and the other rabbonim were not very
pleased about the prospect of having
to spend a night away from our homes
and our families. Then, I thought to
myself, maybe Hashem is sending
us a message. We were disappointed
about having to spend one unexpected
night away from our own beloved
mishpochos. Imagine how Reb
Shalom feels - being held, all alone in
the Dubuque prison, without bail, for
dubious reasons. This is a lesson from
Above to all of us, to think about Reb
Shalom’s predicament, to gain a sense
of imo anochi b’tzarah - I am with him
in his time of difficulty - and do all that
we can to obtain his release. We must
daven and daven. We must petition
the proper authorities to release Reb
Shalom Mordechai Rubashkin from
prison and permit him, as an American
citizen, to have his day in court to
prove his innocence.”

Page 32 Perfidy in Iowa


January 16, 2009

What a World We Would Have

BY LEAH LEDERMAN

As a member of Postville’s Jewish for a villain by portraying Shalom “filthy lucre.” It might not be that
community, I am constantly exposed Mordechai Rubashkin in the most surprising that mainstream America
to the media frenzy created by the ICE nefarious light possible. likes to forget that little concept of
raid, which occurred at Agriprocessors My husband and I have been close “innocent until proven guilty” when
in May 2008. The raid, and later friends with Shalom Mordechai for convenient. However, for President-
attempts to completely destroy almost 15 years, and the fiendish elect Barack Obama, who obviously
Agriprocessors, has currently become demonization of his character would be took no effort whatsoever to find out
one of the media’s favorite topics, hysterically funny if the consequences what the events surrounding the raid
because several components of these resulting from it were not so dire. I, on Agriprocessors actually were,
events are highly controversial. As a myself, generally try to avoid the stress to express his condemnation of the
result, the secular American public caused by the sight of these terribly company is terrifying. This portrayal
has been whipped into a blood-thirsty warped versions of events. But every of Shalom Mordechai as some sort of
frenzy over issues such as illegal so often a family member brings a modern day Fagin is inconceivable to
immigration, Jewish business ethics, copy of an article home, and the next those of us who really know the man.
unionization and problems with the thing you know, I am shaking my head Greedy? Is it greedy to single-
American economy. These issues are in disgust after reading it for the third handedly subsidize nearly every mosad
wide-ranging and complex in structure time. in one’s community - including but not
- requiring research and intense If one is to believe what has been limited to two chadorim, a high school,
concentration to be fully understood. claimed by most of the media, Shalom a mesivta, a kollel, a first-class multi-
The majority of the American public Mordechai Rubashkin is a greedy media library, a shul, a spa-like mikvah
is not inclined to spend a great deal of unscrupulous excuse for a human being and a kosher grocery store?
effort when it comes to formulating who gleefully and cruelly exploited Is it cruel to subsidize families who
opinions about current events. This, his workers and brazenly flouted all cannot afford rent or tuition?
perhaps, explains why the main fury sorts of laws to fulfill his desire for Is it selfish to run the grocery at
of the American public a loss so as to maintain
has fallen upon the affordable prices and
Rubashkin family, carry thousands of
in particular Shalom dollars worth of habitual
Mordechai Rubashkin, debt owed by various
former CEO of community members?
Agriprocessors. People What about hosting
who are dissatisfied with a weekly melava malka
their lives very often for over 15 years, and
tend to find a scapegoat Shabbos and Yom
upon whom to vent their Tov meals with guests
frustrations. It’s much consistently in the
easier to simplify things double digit range?
into good vs. evil than to Perhaps giving
take the effort to form discounts on meat to
their own opinion about some Chabad Houses
complicated situations. and even delivering
The media, always tons of meat absolutely
willing to bow to the free to those hosted by
desires of the consumer, family and close friends
is doing their best to could be seen as greedy,
satisfy this demand but I’m not quite sure

Perfidy in Iowa Page 33


how. gevir to subsidize kiddushim over he found a suitable house for them).
Perhaps it is human nature to take Shemini Atzeres and Simchas Torah, No, the hate-filled mob which feeds
assistance for granted when it comes but it is inspirational to toss huge upon any negative item dreamed up by
from someone who is not only reliable bags of candy throughout the shul the secular media machine does not
and generous, but also constantly when the Sifrei Torah are brought out. really know anything about Shalom
cheerful, smiling and friendly. I know When Shalom Mordechai performs a Mordechai Rubashkin the man. Why
that, upon various occasions when mitzvah, you can really see in action would they wish to? If they could
I’ve worked to raise money for a local someone following the commandment see him suddenly stop singing and
project, many people have asked me in Shemah to serve Hashem with your dancing during hakafos to run to his
why I didn’t just ask the Rubashkin entire heart, your entire soul, and all of developmentally delayed teenaged son
family to sponsor it. My explanation your might. so as to hug and kiss him with pride,
that we all bear a responsibility to help There are people who find it easier it would lessen their enjoyment of the
subsidize community organizations left to focus their chesed on large groups mass fury. If the press portrayed him
people confused at times. It seems so of people and others who find it easier reading a story book to young children,
much easier to write large checks when to work on a one-to-one basis. It’s easy it would remind them that these are
someone else is doing the writing! But to assume that for someone who runs real people with real lives who are
I don’t wish to make the same mistake a multi-million dollar, global company, suffering.
as so many journalists do and merely it could be quite difficult to find the But this is golus, and the world is
characterize Shalom Mordechai and time to listen and meet the needs of turned upside-down. A human being
his family in the context of how much individuals. Yet the same man who who spends every spare minute trying to
money has been gained and how much hosts a Pesach seder for 75 people until bring light to the world is maligned and
spent. 4:30 in the morning and then helps his imprisoned - the object of entertainment
If Shalom Mordechai is truly greedy, wife put away the food can be found a for those who wish to spend all of their
it’s for Torah and mitzvos. He never few hours later, at 7:30 a.m., helping a time, free or otherwise, denigrating and
looks so truly alive, so comfortable in small child walk home when she wakes debasing him. If only they would spend
the role which he knows is really his, up to find herself in someone else’s that time emulating him instead - then
as when he’s learning Torah, davening home. There are countless people in what a world we would have!
or performing acts of ahavas Yisroel the Postville community alone, Jewish Leah Lederman is a member of the
and gemillus chassodim. When we and gentile, who not only found a Postville Jewish community and a
returned to live in Postville after a three listening ear but a loving heart when he freelance writer and editor who has
year absence, he strode away abruptly helped them find a top-rated physician participated in such publications as
from a group of business associates to and sponsored their medical care, or Spice and Spirit: The Complete Kosher
grab my husband in a huge, welcoming helped them move to Postville, gave Jewish Cookbook, The Neshei Chabad
bear hug and give him large smacking them a job and provided them with a Newsletter, L’Chaim and Body and
kisses on both cheeks. home (often within his own home until Soul: A Handbook for Kosher Living.
He has an infectious
enthusiasm for the
taryag mitzvos that
transforms any
environment in
which he is located.
It is this love for
the Torahdike
lifestyle that has
created the beautiful
community we have
enjoyed in Postville
far more than mere
financial donations
could ever do. It’s
a considerate gift to
provide every family
in Postville with
a bottle of Crown
Royal for Purim,
but it’s Shalom
Mordechai’s heart
which inspires him
to dress up like a
clown and lead a
caravan of cars to
every house where
they stop and make
a l’chaim. It’s not
unusual for a local

Page 34 Perfidy in Iowa


January 23, 2009

Do Your Part

BY CHANA RIVKA FLAUM

We live in a world of turmoil. Every know that they are one of the most giving, your behalf?
day we hear of tragic stories. I don’t generous, caring and devoted families We must act and we must act now. If
remember the last time a day passed around. While Shalom Mordechai sits you get a Tehillim text, appreciate that
without a Tehillim text being sent to me. in jail, not found guilty of anything you and your family members are healthy
I find that we are so wrapped up in our but being treated like a murderer, his enough to open a Tehillim and daven. If
own worlds that we just shake our heads unassuming mother spends these freezing you have the opportunity to help someone
in disbelief and then continue on with winter days in her restaurant which serves else, even if it is a little inconvenient,
whatever we have to do. Of course I as a soup kitchen to the poor people of the be happy that you are able to be the one
care and wish that everything would be neighborhood. to help rather than the one who needs
okay, but what does it take for me to get I don’t know about you, but when to ask for help. And if a fellow Jew is
involved and do what I can for my fellow I face a difficult challenge, I become imprisoned, do your part, however small,
Jews in distress? When I get a Tehillim nervous, angry, jumpy and introverted. I to try to get him freed. Make a difference!
text, do I ignore it? Do I forward it like am not serving latkes to the poor and I am I urge you to help get Shalom
the sender asked me to or do I stop for not worrying about everyone else’s needs Mordechai Rubashkin out of prison and
a minute and say a kappitel Tehillim? It before my own. I don’t think that makes back with his family.
only takes minutes, but the impact that it me a bad person. I just think that it makes How can you get involved?
could make is immeasurable. me human. 1. Call our state senators and
When I hear about families affected by Imagine that, chas veshalom, you were demand that they get involved in this
terror attacks, do I pull out my checkbook arrested for something. Whether you unprecedented injustice:
and write a check for whatever amount I were guilty or innocent, would you want Senator Chuck Schumer’s Washington
can? everybody and their neighbor talking number is 202.224.6542.
I am tormented by the thought of about it? Would you want your children Senator Hillary Clinton’s Washington
Shalom Mordechai Rubashkin sitting in going to school knowing that everyone number is 202.224.4451.
jail. I am very close to the Rubashkin is staring and pointing? Would you want 2. Write a letter to your local newspaper.
family. But this is not the sole reason that your spouse to be left trying to pick up 3. Say Tehillim for Shalom Mordechai
it takes up so much of my thoughts. It is the pieces and hold the family together? Halevi ben Rivka.
the injustice of how Shalom Mordechai Or would you hope that everyone would 4. Donate whatever amount you are able
is being treated, when he hasn’t even had give you the benefit of the doubt? Would to Pidyon Shivuyim Fund, 53 Olympia
his day in court, and the way that our you hope that people would respect your Lane, Monsey, New York 10952.
society has reacted and is still reacting to privacy and wish the best for you? Would In these challenging and uncertain
the story. you hope that someone would be sitting times, choose to be an individual who will
If you know the Rubashkins, then you with a Tehillim, davening to Hashem on make a difference.

In these challenging and uncertain times,


choose to be an individual who will make a difference.

Perfidy in Iowa Page 35


January 23, 2009

Why are you Guys so Busy


with Shalom Rubashkin

BY AVROHOM BIRNBAUM

“Why are you guys so busy with butcher. as we complacently think that it is
Shalom Rubashkin?” was the question When an issue such as the one of ‘them’ being attacked and not
posed to me by an acquaintance last Agriprocessors matter turns from one of ‘us,’ we have been lulled into
week. Long ago I learned that the provincial to national, with multiple false complacency with potentially
term “you guys” refers to any writer articles expounding on it in the grave ramifications for all Jews.”
who works the paper for which I New York Times and much time The blank look on his face made it
write, and my erstwhile acquaintance devoted to it in the national broadcast clear that he hadn’t really understood,
seemingly assumed that I have an media, it is important for us, Torah so I explained.
editorial red-pen that can veto or observant Jews, to try to understand “The raid on Agri and the
approve everything published in the why it has been propelled to the imprisonment of Mr. Rubashkin on
paper. forefront of national headlines. Why federal immigration related charges is
Disregarding the multiple, does a relatively small, kosher really the culmination of a year-long
mistaken assumptions implicit in his slaughterhouse that processes a campaign to impugn Agriprocessors.
words, I answered in the classical fraction of a percent of the meat in There are people and organizations
Jewish way: “Why not?” the country merit such attention? that have been at the forefront of
“Well,” he replied, “Shalom Out of all the millions of questioning the humaneness of kosher
Rubashkin is a guy for whom ‘we’ immigration infractions taking slaughter as practiced at Agri. They
find it a little hard to sympathize.” place daily in this country, why was are determined to get a foothold into
Again disregarding the inherent Agriprocessors singled out? kosher slaughter, and if not outlaw
meaning of the word “we,” I repeated Turning to my acquaintance, I shechitah outright, at least be able
my question: “Why not?” said, “It’s important that members of to control and regulate the process.
Exasperated by my failure to “get our community understand what is at Do you hear? They want to tell our
it,” he said, “You know, he definitely stake. The issues have nothing to do rabbonim what is humane and what
did things that he shouldn’t have with Chabad, nothing even to do with isn’t humane about the shechitah
done, so why are ‘you guys’ sticking Rubashkin or Agri per se. Personally, that we have been practicing for
out your necks for him?” I think Mr. Rubashkin has become a thousands of years.
Okay, now that I finally useful caricature and punching bag in “They have found a sympathetic ear
understood the question and its the hands of those who seek no good at the New York Times and numerous
premise, I felt that perhaps I could for our community. other national media outlets. PETA,
give an answer. My answer was that “The issues and concerns that you the ultra-radical ‘animal rights’
although I had nothing to do with may have,” I continued, “are not the group even illegally planted a worker
the editorial policy that vociferously issues that made this story a national at Agri and had him illegally film the
and unapologetically defended Mr. story and a national ‘scandal.’” shechitah. This illegal video was then
Rubashkin, I think I understand it. “So what is this all about?” He given to the media and subsequently
The Rubashkin issue is not a asked. spread around the world to inflame
small, provincial issue, limited to I replied, “It’s about the Torah’s the masses against what they called
the relatively small Orthodox Jewish commandment of shechitah. It is the ‘cruel and inhumane practice of
community. Although it concerns about singling out Orthodox Jews. kosher slaughter’ practiced at Agri.
the meat that we eat, it has exploded It is about freedom of religion “The next step in the attempt
into something far beyond which and freedom from government to shut down the biggest kosher
brand name will appear on the tray of intervention in religious matters in slaughterhouse in the country was
meat or chicken we purchase at the the United States of America. As long to find Agri guilty of immigration

Page 36 Perfidy in Iowa


related charges and employee abuse Sderot or Ashkelon. shechitah notwithstanding, a major
charges.” “The campaign against shechitah cause for concern in this case is the
Let’s make something clear. This has been no different. fact that a fellow frum Yid has been
writer is taking no position on whether “Although world condemnation demonized and treated unjustly.
Agri and Shalom Rubashkin are of Israel has been against all Jews, That, I said, should be a concern
guilty of any of the alleged charges. we have seen smaller scale efforts to every member of Klal Yisroel.
Certainly, he should be given what is to delegitimize the Torah observant His continued incarceration - being
the right of every American citizen - Jewish community by using similar separated from his family and his
his day in court and the opportunity to messages of compassion, human children - while he awaits his day
prove his innocence. Judgment on the rights, animal rights, etc. The in court, is unnecessary, excessive
case and its underlying issues should allegations against Rubashkin have and discriminatory. We should think
be reserved until after the verdict. been a textbook example of the about Shalom’s predicament, express
That being said, it is fairly clear that selective use and application of high how troubled we are by it, and feel
in the court of public opinion, with minded platitudes of animal rights, his pain.
the media serving as judge, jury and human rights and workers’ rights. Bernard Madoff, alleged to have
executioner, and even in the minds “Anyone who thinks that the duped investors out of $50 billion,
of many in our own community, shechitah issue is only about Agri, is not deemed a flight risk, but
judgment has already been passed. not about the practice of shechitah Shalom Rubashkin is? Why the
In the courtrooms of their minds, a itself, anyone who thinks that the double standard? Could it perhaps
guilty verdict on Mr. Rubashkin and fight against Agri was only about its have something to do with the fact
Agri has already been issued. What alleged transgressions of its cattle’s that Mr. Rubashkin looks visibly
they don’t realize is that they could ‘animal rights’ and its employees’ Orthodox? Are we witnessing a new
unwittingly be participating not only human rights, and anyone who thinks discrimination against visibly Torah
in the lynch-mob campaign against that once Agri would be shut down observant Jews, who seem more
Mr. Shalom Rubashkin, but in the everything will revert to normal, is
suspect than others?
lynching of shechitah too. sorely mistaken.
Indeed, in a letter to Attorney
“Living in this most benevolent “As soon as Agri was raided and
General Michael Mukasey, Rabbi
golus since the churban Beis it became clear that the plant was on
Chaim Dovid Zwiebel of Agudath
Hamikdosh,” I told my acquaintance, the verge of shutdown, the Forward,
Israel wrote, “It is ironic that the very
“has perhaps made some of us feel a secular Jewish newspaper at the
Law of Return that was designed
so comfortable with what we are and front of maligning Agri, began its
to save Jews from oppression was
who we are that we fail to register the next foray into ‘human rights’ with
now being used by the American
very powerful forces in this country stories about the next biggest Jewish
government to treat Jews as second
that view Orthodox Jews, especially meatpacker, Alle. Borrowing a page
very visible, ‘medieval looking’ out of the playbook used against class citizens by deeming them as
Jews as different. ‘Human rights,’ Agri, they tried to find disgruntled flight risks. The implications of this
‘animal rights’ and ‘compassion’ for Alle workers to complain about their ruling are painfully ironicÉThe notion
the downtrodden are age-old, tried treatment, or rather mistreatment, that Israel’s Law of Return makes
and true methods utilized by our by Alle. They also tried to impugn Jewish defendants greater flight risks
enemies to mask their real intentions Alle for not consenting to unionize than their non-Jewish counterparts
and their real hatred of us and what its workforce. It became clear that could result in wholesale denials of
we stand for. A textbook example is victory had been declared against bail to Jewish defendants who would
the crocodile tears shed by the entire Agri, its destruction was imminent, otherwise be eligible for release
international community for the and the next frontier was Alle, the pending trial merely on the basis
Gazan civilians in the recent Gaza largest remaining player in the kosher of their religious identity. Needless
War. This selective compassion is meat industry.” to say, this ruling is both deeply
the classical smokescreen behind Another related attack on offensive and extremely troubling.”
which Jew-haters hide to mask their Orthodox Jews resulting from the Shechitah has been under attack
true motives - hatred of Jews, and the Rubashkin affair has been the Federal during various sordid, tragic periods
ultimate eradication of the State of magistrate’s refusal to release Shalom of our history. Jews - and certainly
Israel. Rubashkin on bail. Mr. Rubashkin is visibly Orthodox Jews - have
“Unfortunately, in the case being forced to sit in prison because been under attack during various
of Israel, there have been many he has been deemed a “flight risk” as sordid, tragic periods of our history.
misguided Jews, possibly even a result of the Israeli “Law of Return” The latest attack has begun with
classifiable as evil Jews, who have that grants automatic citizenship to Agriprocessors. The question is
been siding with the enemy and have Jews. This represents a precedent where and with what it will end?
shown far more sympathy for Hamas that could conceivably be used in the “And that’s why ‘us guys’ are so
and the Palestinian children of Gaza future to deny bail to any Jew. busy with Shalom Rubashkin,” I
City than for the Jewish children of So, I told my friend, the issue of concluded.

Perfidy in Iowa Page 37


January 30, 2009

Rubashkin Gets Bail

BY AVI YISHAI AND AVI SHIFF

Judge Linda Reade of U.S. District Court these times,” said Mrs. Rubashkin after the They had called upon everyone to daven for Mr.
of Northern Iowa ruled Tuesday that Shalom decision. Rubashkin’s freedom during the bail hearings
Mordechai Rubashkin will be freed on bail The following day heard similar testimony on both Monday and Tuesday. The Rubashkin
this week, overturning the original, heavily to Mr. Rubashkin’s character - from Amy family and members of the community
criticized decision to deny him that freedom Dickel, a Postville Insurance Agent, Rabbi gathered on Monday, Rosh Chodesh Shevat,
partially based upon his religious background. Chaim Dovid Zwiebel, Executive Director to daven on behalf of Mr. Rubashkin. They
Advocates for Mr. Rubashkin praised the of Agudas Yisroel of America, Joe Shochet, had asked other Yidden around the country
decision as a victory for equal rights and a family friend, and Mr. Joseph Sarachek, a to set aside a few moments at home, school
religious freedom. trustee for Agriprocessors who submitted a or shul to recite Tehillim and learn Torah in
“Justice prevailed today,” said Guy Cook, written affidavit. Arguments were also made the zechus of Shalom Mordechai Halevi ben
Mr. Rubashkin’s attorney. “Judge Reade that Mr. Rubashkin was being unfairly treated Rivkah. The community of Postville, Mr.
protected this man’s constitutional rights. She because of his religion. Rubashkin’s home, also designated Sunday,
made those rights come alive.” Many legal scholars have criticized Erev Rosh Chodesh Shevat, as a half day
Mr. Rubashkin will be freed on $500,000 the decision to hold Mr. Rubashkin on the voluntary fast day.
bail Thursday, and will be required to grounds that his Jewish heritage made it more The tremendous achdus this case
surrender his birth certificate and family likely he would flee to Israel. By citing the engendered was seen by many observers
passports. He has pledged, as mandated by the Israeli ‘Law of Return’ policy, which grants as an additional zechus through which Reb
court, not to contact a list of people related to expedited citizenship, the U.S. Attorney Shalom Mordechai merited that his tefillos
the case and to wear an electronic monitoring would have created a special class for all 5.3 were accepted. Through the many months he
bracelet. The judge ruled that more extreme million Jewish Americans in which every spent in jail, his bitachon never wavered. In
measures, such as armed guards or additional Jew would be viewed as a greater flight risk fact, he related that he took advantage of the
surety, are not necessary. than non-Jews. The Anti-Defamation League time to learn more Torah than usual, deriving
Over the course of two days, Judge Linda had sent a letter to Attorney General Michael much chizuk from his learning in general and
Reade heard substantial testimony that the Mukasey asking him to reverse this decision. in particular from seforim such as the Chovos
U.S. attorney had trumped up evidence that ADL lawyers said they were unaware of any Halevavos.
Mr. Rubashkin was planning to flee. His other case citing the Law of Return as a means The Rubashkins are widely recognized
lawyer was able to prove that he has strong to withhold bail. for their many acts of kindness, chesed and
ties to the community and intends to fight the Mr. Rubashkin, former CEO of the kosher maasim tovim. They developed a kosher
charges against him in court. meat packing company Agriprocessors, slaughterhouse which became the trendsetter
On the first day, Monday, Mrs. Leah Inc., had been held without bail since being in the industry for quality and price. Around
Rubashkin, Shalom Mordechai’s wife, testified arrested on November 14. Since his detention, that company they developed and supported
that the U.S. attorney had misconstrued the dozens of Jewish Iowa residents have offered an entire town, including a bais medrash, shul,
purpose of cash found at their home, saying it their homes as collateral for bail, totaling yeshiva, cheder, mikvah, and everything else
was to pay for family expenses. She described $2 million, as has a Brooklyn man whose that religious Jewish life requires.
Mr. Rubashkin as a loving family man with home is valued at $4 million. The court had Agriprocessors Inc., which closed
10 children, one of whom, his 15-year old also received nearly 300 letters testifying temporarily after being raided by authorities
son Moishe, is autistic. The money and other to Mr. Rubashkin’s character. A delegation last year, is moving forward under a court
documents were put in a closet to hide them of prominent Jewish leaders from around appointed trustee. They are continuing to
from Moishe, Leah Rubashkin said, who the country also visited Mr. Rubashkin provide kosher meats to the many Jewish
often rifles through drawers and cabinets. in Dubuque County Jail this month, later communities all around the country and look
“We are very grateful for the beautiful publicly stating that he had strong ties not forward to prospering in the future.
outpouring of good wishes and prayers from only to the local community but to the larger Now Shalom Mordechai will be able to
all around the world. It means so much to Jewish community in America. work from home to prepare his defense to
Shalom and me to know that we have this Family members and prominent Jewish the many charges he is facing. He adamantly
continuous spiritual strength behind us during community members applauded the decision. maintains his innocence.

Page 38 Perfidy in Iowa


February 13, 2009

Yisro and Apathy

BY RABBI PINCHOS LIPSCHUTZ

In Parshas Yisro, we learn of Kabbolas only Yisro? parsha of Kabbolas HaTorah is named for
HaTorah. Following the makkos in Everyone knew about it. Everyone was Yisro, the convert.
Mitzrayim, Kriyas Yam Suf and the giluyim impressed, even awed. Some might even But it is not enough to stand up and take
the Jewish people had experienced there, have been inspired. The entire world might notice. We’ve got to do more than that.
Klal Yisroel was ready to become the Am have been nispa’el, but it was for a mere The Torah recounts that Yisro noticed
Hashem and receive the Torah. moment, not long enough for the miracle that Moshe Rabbeinu was teaching
It is most interesting that the parsha to impact the heart. A fleeting impression halachos and judging the Jewish people
which deals with Matan Torah carries the was all they experienced and they quickly from morning until night. Yisro advised
name of Yisro and not something more returned to their old habits of thought. Moshe that the system was improper. He
descriptive of the gift we received on Har They reverted back to being exactly the urged Moshe to set up a well-functioning
Sinai. It is also intriguing that the Torah way they were before they were amazed court system in which other people would
interrupts its account of the Jews’ journey by the power of Hashem. adjudicate the simpler cases and the more
in the Midbar and the apex of their journey The only one who heard about Kriyas difficult ones would be brought to him.
at Midbar Sinai to tell the seemingly Yam Suf and Milchemes Amaleik and was Yisro told Moshe that the present
tangential story of Yisro’s arrival. affected to the core of his being by these system, in which he was busy all day
The parsha should have continued where events was Yisro. He was the only person paskening all the shailos, was too
it left off at the end of Parshas Beshalach, who was so overcome that the experience difficult for one person and would end up
when the Jews had miraculously crossed transformed his life. destroying him. He advised him on how
the Yam Suf, received the monn and were The pesukim recount: “Vayichad Yisro… to choose competent judges to whom he
rescued by Hashem’s intervention in the - And Yisro rejoiced over all the goodness would teach the halachos so that they
battle with Amaleik, and the next leg of that Hakadosh Boruch Hu did for the would be knowledgeable enough to
their journey that took them to Midbar Jews and rescued them from Mitzrayim… educate the people.
Sinai to receive the Torah. Why is the flow And he said, ‘Now I know that Hashem is He urged him to get Divine approval
of the narrative interrupted with the story greater than all the gods… And he brought for the new system and thus be able to
of Yisro’s arrival? korbanos to Hashem…” function optimally.
What lessons are implicit in the No one else came to the Bnei Yisroel in Yisro was a newcomer to the Bnei
narrative of Yisro that justifies its insertion the Midbar saying, “Atah yodati kee gadol Yisroel’s camp. He wasn’t the first person
after the description of Kriyas Yam Suf, Hashem.” Everyone else remained mired to see what was happening to Moshe
prior to Matan Torah? in their pagan beliefs. Rabbeinu. Everyone saw that Moshe was
The parsha begins with the words This is why the Torah interrupts the consumed all day long with dinei Torah.
“Vayishma Yisro - And Yisro heard.” Rashi chapter of the Bnei Yisroel’s sojourn in the Anyone could have figured out that is
quotes the Gemara in Maseches Zevachim Midbar to tell the tale of Yisro’s arrival. wasn’t a normal situation. Anyone could
which asks what it is that Yisro heard A prerequisite for Kabbolas HaTorah is have figured out a more effective system
that prompted him to come. The Gemara to let the experience of Hashem’s majesty that would allow Moshe Rabbeinu to
answers that he heard about Kriyas Yam envelop the mind and the senses so, that it spend his time more productively. Anyone
Suf and Milchemes Amaleik. Upon hearing forces a person to draw closer to Torah and could have realized, as Yisro did, that
of those events, he left his home in Midyan G-dliness. Moshe would become exhausted from the
and came to meet Moshe Rabbeinu in the Divine acts are intended to teach us the grueling regimen and unceasing pressure.
Midbar. power of Hashem. Torah demands that a And that is exactly our point. Everyone
Obviously, Yisro was not the only one “hisorerus” last for longer than a day or saw it. Anyone could have realized where
who heard about Kriyas Yam Suf and two. Torah demands that we always seek it would lead, but no one did anything
Milchemes Amaleik. One would imagine to learn and grow. about it. It took Yisro to internalize what
that there were few people who hadn’t That was the lesson of Yisro and that he saw and to do something constructive
heard about these two earth-shattering is why his parsha was placed before about it.
events. Why did these miracles galvanize Kabbolas HaTorah. That is why the So often, the urge is to turn the other

Perfidy in Iowa Page 39


way and make believe we didn’t see. But there are still people who wonder intense pushback in large segments of the
People don’t want to get involved. People why we do it. Perhaps an article published Orthodox community, where there is a
don’t want to get dirty. People want in the weekend edition of The Wall Street belief in strict adherence to the laws set
everyone to like them. But that is not the Journal, written by the person who more down in the Jewish holy texts - these are
way of the Torah; nor is it the way to get a than anyone else caused the downfall of the Antonin Scalias of the Jewish world,
parsha in the Torah named for you or for Agri, can provide insight. to continue the Supreme Court analogy.
you to achieve immortality. Nathaniel Popper of The Forward One influential Orthodox rabbi told me, “I
Yisro saw, Yisro cared, and Yisro spoke newspaper wrote an explanation of what don’t keep kosher because of some sense
up. Hakadosh Boruch Hu and Moshe caused him to go on a tear against the that it is the right thing to do socially - I do
Rabbeinu accepted his proposal. Postville slaughterhouse. Read his words: it because G-d said so.”
Yisro spoke up and saved Moshe from “What was it that so riveted our Don’t you get it? In Popper’s mind,
becoming physically exhausted. The attention? It was never articulated and we, who observe Torah and the laws of
Torah honored him for this worthy deed it took me a while to see it, but this kashrus, are Neanderthals. We don’t care
by naming the parsha for him. This is why one story had managed to distill some about the welfare of animals and we don’t
the lessons imparted by Yisro’s deeds are of the most essential questions and care about how people are treated. We are
inserted into the narrative describing the issues that are dividing and defining the just a bunch of money-grubbing shylocks,
supernatural events leading up to Matan Jewish community and indeed religious looking to squeeze out every penny of
Torah. communities of all stripes today. profit from pounds of flesh.
Yisro taught us that everyone has the “These divisions are, at their most We let hair grow on our faces; we aren’t
potential for greatness to the point of being basic, about the proper way to interpret clean shaven and professional-looking. We
worthy of having a parsha in the Torah religious law and values: Should we read aren’t progressive in action or thought, and
named for him. One must care enough to our ancient texts literally or adapt them to we refuse to adapt to the modern era. We
notice what is going on around him, draw a changing world? prefer to remain cultists frozen in a time
the right conclusions, and try to remedy “The Agriprocessors plant slaughtered warp. That’s Popper’s perception of us,
the situation. chickens and cows according to a group which he chose to share with the readers
Every one of us has the ability to of laws — known as kashrut - that have of the country’s most widely circulated
improve the world around us. Each of us been refined and codified over centuries in newspaper.
can reach out and help people who need a books like the Shulchan Aruch. Bearded, This person, who caused so much
handout of time, money or sympathy. We Orthodox rabbis had buzzed around the acrimony and pain to so many Jews,
can all help others get through the day. We Agriprocessors plant making sure these and robbed people across the country
can all bring meaning and warmth to the laws were being followed.” of the ability to purchase kosher meat at
lives of our neighbors, friends and fellow And just in case you didn’t yet get his reasonable prices, isn’t sure that we have
Jews. If only we cared, if only we tried. If message, he goes on: gotten his message.
only we took Yisro’s example to heart. “When allegations about the working He decries the campaign to raise
Yisro taught us that we can all make a conditions at the company first came money to help pay for Shalom Mordechai
difference. In our day, though, we have to public attention through my 2006 Rubashkin’s defense, again cloaking his
become apathetic about many causes. reporting, these Orthodox rabbis argument in an us-versus-them rhetoric.
Things have been going so well for us for vouched for the company. But a group of “This campaign for Sholom
so long that when a problem develops, we progressive, socially engaged, and mostly Rubashkin,” writes Popper, “has faced
imagine that it will be dealt with and made clean-shaven rabbis decided to visit the skepticism from progressive Jews - many
to go away with minimal effort. Thus, plant themselves. After a tour of the plant of whom had spent months trying to help
many issues go unaddressed. and town, these rabbis said that while the the immigrants put in jail after the raid. In
This newspaper has been at the forefront company seemed to be in compliance standing up for the immigrants, the non-
of advocating an objective treatment of the with narrow kosher laws, there was less Orthodox rabbis have fought for a more
Rubashkin family. attention being paid to another, less explicitly universal vision of mankind,
We wrote extensively about the injustice codified set of Jewish rules about the in which a Guatemalan Catholic has the
and the maligning of the Rubashkins, proper way to treat workers. same weight as a Brooklyn Jew.”
Agriprocessors, and the Orthodox “These rules do not loom large in The people who battle Rubashkin,
community in general. We wrote against everyday Jewish life - there is little shechitah and really all of Shulchan Aruch
Hekhsher Tzedek, which was founded in contemporary rabbinic legislation on also deny that we are the Am Hanivchor.
response to PETA and ICE allegations, the proper minimum wage - but they are They deny the bracha of Atah Bechartanu.
and explained the dangers inherent in such strikingly consonant with modern concerns They deny that we are the chosen ones.
a group. We warned that we must ensure about human dignity and equality. The They are bothered by our success. Just like
that they not be allowed to gain a foothold, rabbis pushing this agenda might be the Yevonim, they seek ways to undermine
and that we certainly shouldn’t be working compared, in secular terms, with Supreme our way of life and target the things dearest
with them in any way. Court justices like Ruth Bader Ginsburg to us, such as milah and shechitah, in short
Lastly, we established a legal defense and Stephen Breyer who seek to interpret succession.
fund of behalf of Shalom Mordechai old legal doctrines through a modern lens. Popper takes one last jab at observant
Rubashkin as he awaits trial. Dozens of As part of this push, these rabbis, who were Jews in his article:
checks of all amounts are flowing in. This representing the Conservative movement, “It is the very vitriol and divisive nature
is heartening and it shows that people do created a new program, known as the of the Agriprocessors debates that is one
care and do want to help. It demonstrates Hekhsher Tzedek or Justice Certification, of the most characteristic elements of the
that people are prepared to spend money which aims to evaluate the business ethics increasingly polarized Jewish community
to supportand help this man receive his of kosher producers. of today. Progressive Jews passionate
constitutionally guaranteed rights. “The Hekhsher Tzedek generated about social justice and Orthodox Jews

Page 40 Perfidy in Iowa


unswerving in Talmudic law have clean bill of health despite the charges of a obsessed New York Jews? It’s a perfect
interacted less and less in recent years, and radical left-wing vegetarian group. real-life illustration of the rich taking
disagreed more and more...” But if you are doing the work of the advantage of the poor and downtrodden.
To be clear, the battle against Agri enemies of the Jewish people, why worry I had never met any of the Rubashkins
wasn’t just against Agri. It was against over a lapse of journalistic integrity? prior to my visit to Postville last year.
us Jews who hew to the Shulchan Aruch Lately, Amaleik has worn another mask I found them to be eminently loveable,
and Talmudic law. It was just another shot - that of Jewish reporters and Jewish news geshmakeh, heimishe people you’d want
at us from those who see themselves as services continuously distributing libelous for neighbors and friends. They are full of
inheritors of the mantle of the maskilim of reports about religious Jews in general and chein and seem to possess good doses of
the past centuries who did not rest as they Agriprocessors in particular, displaying seichel tov. I have since come to know and
used the media and government to agitate no sensitivity for the truth. Jewish treasure them as dear friends.
against ehrliche Yidden. news groups routinely dispatch articles I saw the distinct pride they take in the
When charges were brought against the disparaging religious Jews and halacha, place that their family built up through
company for allegedly hiring underage and no one calls them on it. many years of hard work and much siyata
workers, we asked our readers not to rush Some have questioned why we have diShmaya.
to judgment, but to wait until the accused taken such a strong stand on behalf of the It was a priceless gift to have such a
have a chance to defend themselves in a Rubashkins. We believe that the proper large enterprise supplying American Jews
court of law. All the other charges bandied course of action is to defend ehrliche - and Jews the world over - with the finest
about in the media are mere allegations Yidden who have been wrongfully accused in kosher meat. We didn’t appreciate the
based on hearsay and don’t deserve to be and maligned. But more than that, it worth, quality, importance and magnitude
treated as fact. was our perception that the Amaleikim of this gift, so we lost it.
The leading media in this country hounding them are targeting not only the The Torah relates how Yisro went to
formed a figurative lynch mob and went Rubashkins. They are targeting you and Moshe, “to the desert.” Obviously, if he
after Agriprocessors with the obvious me and our ability to eat kosher meat and went to Moshe, he went to the desert, for
intent of destroying the company. observe mitzvos in this country. that was where Moshe and the Jews were
They slammed it with all kinds of false The same unions which turned countless to be found. Rashi explains that the Torah
allegations, as if it were a cattle-and-man- American factory communities into ghost is actually saying this in praise of Yisro.
killing jungle of the early 1900s. towns now seek to do to shechitah what Yisro was sitting “bekvodo shel olam.” He
Amaleik perceives that he can’t destroy they did to the auto manufacturers and was coming from an environment where
us, so instead he slanders us and tells the knitting mills that used to dot this country.
he enjoyed prestige and notoriety as a
world that we don’t know how to treat Examples abound of the attempts to
leading light among the cognoscenti of
animals or people. He says that we are minimize our accomplishments and cause
that age. Despite this, he was prepared to
mean, vicious and heartless, and he gets our neighbors and those less observant to
venture out into the barren desolation of
the media to print the canards. scorn us and to deride our accomplishments
the desert, in order to seek out the truth of
He plants perverse ideas in the minds in this country.
the Torah.
of hate-driven people who then peddle The New York Times, in its lead editorial
their wild allegations to mainstream media on August 1, 2008, described the Agri In order to appreciate the beauty and
outlets which, in turn, publish them as plant as follows: timeless truth of the Torah, one must be
authenticated facts. “A slaughterhouse in Postville, prepared to abandon what might appear to
In September of 2008, the nation’s Iowa, develops an ugly reputation for be enlightenment based on the prevailing
“newspaper of record” ran a story abusing animals and workers. Reports values of society. Journalists and other
headlined, “Kosher Plant Accused of of dirty, dangerous conditions at the self-styled intellectuals whose self respect
Inhumane Slaughter.” Who accused Agriprocessors kosher meatpacking plant is dependent on viewing themselves as
them? It was none other than PETA, the accumulate for years… The plant has been progressive, socially engaged, clean shaven
group of misfits who parade around the called “a kosher ‘Jungle’…The conditions examples of enlightened Jews unshackled
world, ludicrously arguing that man is no at the Agriprocessors plant cry out for the by ancient traditions, cannot perceive
different than animal and, therefore, both cautious and deliberate application of the deracheha darchei noam inherent in
species are entitled to the same rights. justice…” Torah and mitzvos. Rather, their need to be
It is only when you got to the fifth It wasn’t that long ago that pogroms seen as exemplary citizens in the eyes of
paragraph that you find out that the were perpetrated against the Jewish the world at large compels them to paint
accusation is bogus. The plant, in fact, was population by illiterate peasants egged on ehrliche Yidden as backward, insensitive,
found by the Department of Agriculture by the Church and government authorities. unsophisticated barbarians incapable of
(USDA) to be “in full compliance with Today, thankfully, they don’t come after their own refined sensibilities.
humane slaughter regulations.” us with sticks, knives and guns; blood We must have the courage to stand up
The sensational headline was intended libels are a thing of the past. Today, instead to those who seek to undermine us and our
not to inform, but to aid and abet the smear of knives and spears, the warmongers’ distinct way of life. We have to recognize
campaign against kosher slaughter. implements of battle are The New York our enemies for who they are and not give
Decency and integrity would have Times, The Wall Street Journal, CNN, them or their arguments any credence. We
dictated that the story be dropped. Or, had JTA, and other compliant media outlets. have to be prepared to fight for our rights to
the editors felt that there was a great need What can be a better story than illegal properly observe halacha as we have been
for the public to know of the allegations aliens employed by Hasidic Jews in a lily doing for thousands of years. We have to
against an already beleaguered kosher white corner of Middle America? Who defend each other without embarrassment.
plant, they should have at least formatted will rise to the defense of the Jews? Who We have to take Yisro’s message to heart
the story in a way that would leave no will cast doubts on the story of “Jungle” and not be afraid to withstand the ridicule
doubt that the USDA gave the plant a savagery perpetrated by the rich, money- of the Midyanites who surround us.

Perfidy in Iowa Page 41


February 20, 2009

Shalom Mordechai Rubashkin


Responds to Recent Media Attack
on Shechitah
Exclusive to Yated Ne’eman

Q: What is your reaction to the recent – surprise you. I knew full well the damage that PETA had
article by Nathaniel Popper of The Forward Every Jew, religious or not, can see the caused to kosher shechitah in other countries,
in The Wall Street Journal? deep-rooted disdain this reporter has for and what they were trying to achieve in
Shalom Mordechai: By means of Torah-based Judaism. England and now in the United States.
introduction, allow me to share the following: To bring out our point a bit more clearly, What is important to note is that although
The haftorah that we read on the first day let’s take a simple test. What if it was not the public was made aware of what the
of Pesach focuses on Yehoshua bin Nun, the Nathaniel Popper who wrote the article in shechitah process looked like at Agri, no video
great novi and successor of Moshe Rabbeinu, The Forward, but rather Louis Farrakhan? of any other kosher shechitah operation was
who becomes the leader of Klal Yisroel Imagine that Farrakhan described religious ever shown for comparison. If that had been
following Moshe’s petirah. Yehoshua was to Jews as “bearded Orthodox rabbis buzzing done, it would have proved that the shechitah
bring the Bnei Yisroel to Eretz Yisroel, the about the plant” and wrote about our “narrow at Agri was indeed what shechitah is supposed
Promised Land. The Torah relates the story kosher laws” in sharp contrast to “the clean to be, and how it’s been done for centuries.
of how he encounters a malach with a drawn shaven progressive rabbis.” There would be The fact is that the slaughtering process
sword. Yehoshua’s question to the malach is condemnations from all sectors. He would is not exactly ideal viewing for the general
simple yet profound. “Are you for us or for never get away with making such statement! public. The cutting of an animal’s neck,
our enemies?” he asks. Yehoshua needed to But Popper may have done all of us a favor the blood, and the loss of life are all things
know what side he was on. by removing any doubt about what the recent that can cause anyone to turn away or react
When there are two sides, it is vitally anti-shechitah, anti-Agri campaigns were all negatively. Most people are simply not aware
important to identify a person’s loyalties about. Mr. Popper’s vitriol has made it all of the nature of shechitah or any other type
before engaging him. This was the case in a abundantly clear. of slaughter, and even if they are, seeing it in
physical confrontation of war. How much Mr. Popper, in his recent article, clarified person or on a video can be disturbing.
more so does this apply when the war is a for all the underlying agenda behind the attack After the PETA video was released, there
psychological one. this past year on what was the jewel of kosher was great turmoil in certain segments of
The lesson we learn about on the first day meat and poultry production, Agriprocessors, the Jewish community over what it showed
of the Yom Tov celebrating our freedom is and its proprietors, the Rubashkin family — and how it was explained by PETA. In fact,
not to take our freedom for granted. There are a family committed to kashrus and quality, PETA’s claims in the narrative were either
friends and there are enemies. It’s important, with a deep-rooted respect to Torah, mitzvos overstated or complete fabrications. They sent
says the Torah, that when encountering a and rabbonim. It was actually a place the letters to lawmakers demanding government
stranger who can be potentially an ally and rabbonim called home. intervention. This was a serious threat, because
friend or enemy and foe, one must first ask a Q: You’ve said that this tumult we have seen what other governments have
critical question: “Are you for us or for our surrounding Agriprocessors, in truth, done to inhibit the kashrus of the shechitah
enemies?” began some 5 years ago with the action of process.
Last week, Mr. Nathaniel Popper, a Jewish PETA. In order to provide an explanation of what
reporter, actually answered that question for Shalom Mordechai: Correct. Back in 2004, shechitah is, why it is absolutely humane, and
us. He identified himself to the Torah-true PETA released a video of the shechitah at Agri. why the government should ignore the lies and
community by mocking us. He blatantly The video was taken illegally, and was PETA’s outlandish demands of these troublemakers,
degraded religious Jews and rabbonim. He response to Agriprocessors’ refusal to agree I wrote a rather long letter to the public. I
explained that if you are bearded – perhaps to its demands to allow the organization’s invited people to send questions to my email
for further clarity he should have added to representatives access to the shechitah address. I invited the renowned veterinarian,
the description a hooked long nose with plant and incorporate PETA’s suggested Rabbi Dr. I. M. Levinger, to come and see
a veracious appetite for money – and you modifications regarding the shechitah process. for himself what goes on at Agri. I invited
believe that G-d really means what He says in There was no way that Agriprocessors, the Iowa Secretary of Agriculture, Patty Jean
the Torah, then you are automatically narrow- which had given over full control of production Judge, to come and see for herself what the
minded. It pays to read Mr. Popper’s words. to the supervising rabbis, could overrule that truth is. The USDA was engaged and all
They will - though they shouldn’t at this point arrangement by acceding to PETA’s demands. questions and inquiries were fully answered.

Page 42 Perfidy in Iowa


So satisfied was the USDA that no violations OU conducted his own investigation. He being pursued by enlisting the might of the
were cited. validated the findings of Rabbi Zeilingold United States government. They have used
Dr. Temple Grandin, Ph.D., Professor of and Dr. Carbenero and completely refuted what is supposed to be an unbiased American
Animal Science at Colorado State University Mr. Popper’s report. For whatever reason, court system to attack and destroy the very
is known worldwide for her work on the design however, Mr. Popper’s discredited version of company that has worked so hard to allow
of livestock handling facilities. (She is one of the situation at Agri took on a life of its own, everyone to enjoy kosher food freely in
the most accomplished and well-known adults with many people still taking it at face value America, a company that showed how every
with autism in the world.) In North America, and giving it full credence. Mr. Popper’s lie Jewish community could have a reliable kosher
almost half of the cattle are handled in a center had stuck. meat and poultry supply. To them, destroying
track restrainer system that she designed for Please note that anyone and everyone had such a company is the appropriate goal and
meat plants. She came down to the Agri plant the opportunity to come to Postville and have definition of a progressive movement.
and gave a very positive report. She gave a look for themselves. We had nothing to Like the Communists of old, these
advice to the plant, which quieted down the hide and a lot to proudly show. If anything, “defenders of the worker” use brute strength
PETA attack at the time. She is a specialist we were eager for people to come and see and vicious lies to achieve their goal. They
who has the most credibility in this area. how preposterous Mr. Popper’s claims were. have their own view of what kosher is.
As mentioned, Dr. Levinger gave a glowing But once something is out there in print, no To them, it is a kulturkampf. They view
report and the Agriculture Secretary gave a matter how untrue it is, it is an uphill battle themselves as the clean-shaven, progressive
great report as well. The USDA did not charge to convince the public otherwise. And the thinkers in a battle to wrest control of the
Agri with any violations and no new laws anti-Agri people, like PETA, and others, were kosher meat market from the backward,
restricting shechitah were introduced. working overtime to keep the lies alive and bearded, hooked-nosed rabbis. They claim
Looking back, it was at that point that I to promote their agenda at every available that kosher does not mean what the rabbis
became the target of our enemies. I felt no opportunity. That agenda has now been clearly dedicated to the Torah law say it means.
compunction about standing up for our holy spelled out by Mr. Popper himself. They claim that kosher means whatever the
Torah and its mitzvos and defending it without Boruch Hashem, Agri continued its growth progressives decide it should mean. They say
apologies. Someone had to stand up for the and its service to Jewish communities in all that the plant you once had, which upheld the
holy mitzvah of shechitah. I said at the time parts of the country. But there were those who laws as interpreted by the bearded rabbis, is
that this is the way G-d wants us to take the life were still plotting our demise. going to be taken away from you. They are
of an animal if we choose to eat meat. I went Q: Before you go further, can you saying to us that, even in this free country of
on to prove scientifically that shechitah is and provide some background into your family America, we have found a way to attack your
continues to be the most humane fashion of and the founding of Agri? religious institutions, just as our enemies, the
killing an animal. Shalom Mordechai: Sure. I actually believe Yevesektsia and Haskalah did in the Russia of
That was 2004 into 2005. The attacker was that some of the history will help put things old. Here they use sophisticated legal terms,
PETA, and their tactics and motives were in perspective as we discuss the most recent but the results are the same —confiscation.
recognizable to all. attacks on Agri. As the lies kept piling up and some people
Q: What happened after that? My parents are Jews from Russia. They began to believe them, a movement, now
Shalom Mordechai: In 2006, Mr. Popper lived through the Communist gehennom known as Heksher Tzedek, began to take
- the same Mr. Popper who wrote the recent and saw firsthand what the Communists shape. These “moral police” wished to ensure
piece in The Wall Street Journal - wrote an did to destroy Jewish life in Russia. My that workers were being treated properly, in
article about what he saw and heard during parents observed the destruction of Jewish light of the fabricated reports about Agri that
his visit to Postville, Iowa, and Agri. In the communities that once dotted the land. falsely claimed otherwise.
title of his article, he referred to Agri as a Russia used to have a tremendous Jewish As an aside, note that the Agri plant has
“kosher jungle.” When his story was printed population. With the rise of the Communist 20 USDA onsite inspectors. They are agents
in a newspaper that is known for its anti-Torah party, new laws were enacted in Russia and of the federal government. If those reports
views, it sent the Jewish community into an the former Soviet Union. The new constitution were true, the USDA inspectors didn’t notice
uproar. “Look at this,” people said. “Now Agri actually guaranteed religious freedom, but that what was going on at Agri and its treatment of
is being blamed for not treating their workers was to be undone. By whom? Surprisingly, or workers. But these reports were not true, and
humanely.” To be honest, to this day it is maybe not surprisingly, it was undone by the these things never happened.
hard to believe that people took this article at Yevsektsiya, or the Jewish party. They were So to be clear, the goal of these individuals
face value without considering the fact that it the ones who did the most damage to the is to halt shechitah. It is not about Agri or any
appeared in a publication well-known for its bearded Jew who chose to take G-d for His single plant. It is about denying our right to
anti-frum bias. word. The progressive Jews of old had their live as frum Jews and observe our halacha.
A few days later, two Jews, Rabbi agenda and their view of what Judaism should People like Mr. Popper have utilized the media
Zeilingold, morah d’as- rah of Adath Israel, become. So they approached the Communist - including the secular Jewish media - and
and Dr. Carbonero came to Agri to see for police and actually collaborated with them. their insatiable desire for scandals, especially
themselves if what Popper wrote had any They arrested all the rabbonim and mohalim those involving frum Jews, to advance their
validity. They toured the plant, interviewed they could find on trumped up charges such agenda, even if it involves spreading falsities.
many workers, and visited Postville before as counterrevolutionary activities that made It is important that we recognize what this
reporting their findings, which were no real sense, and they physically destroyed ongoing campaign against Agri is truly all
completely contrary to what Mr. Popper had the Jewish communities that took centuries to about.
claimed he observed. The two then wrote a build. One must first ask a critical question: “Are
full report exposing Mr. Popper’s story as a That history offers many parallels to the you for us or for our enemies?”
fabrication. They also said that he had omitted current situation and the path that Mr. Popper It is only then that we will be able to protect
basic findings to come up with his “kosher and others like him have chosen to follow. ourselves and our treasured mesorah.
jungle theory.” They are the new Yevsektsiya. What they The time to get active is now, while we still
At that point, Rabbi Bomzer of the could not accomplish by themselves is now have a voice.

Perfidy in Iowa Page 43


May 15, 2009

“9,311 Counts of “Child Labor”


Violations: A Modern Day Blood Libel?

BY YISROEL LICHTER

It seems that prosecutors are doing a lot recent incident of egregious prosecutorial espionage-law case against two former
of rushing to judgment these days. Not an overreaching. Last month, prosecutors AIPAC lobbyists, Steve Rosen and Keith
innocent rush to judgment, but a libelous, dropped all alleged charges against 85-year- Weissman.
diabolical rush to judgment that shamelessly old former Alaska Governor Ted Stevens. The Atlantic Monthly’s Jeffery Goldberg
and irrevocably ruins the reputations of Everyone remembers how the corruption put it succinctly when commenting on the
innocent people, causing them and their indictment against Stevens caused him government’s decision to abandon the case:
families irreparable damage, heartache and to lose his bid for reelection in the Senate, “It’s about time. It was an idiotic case to begin
emotional trauma. thereby ending a 40-year Senate career. The with; the men were being prosecuted (under
A number of recent news stories have fact that charges have now been dropped, of an ancient, seldom-used law) for receiving
proven the increased aggressiveness of course, will never reinstate his Senate seat. classified information passed orally - not
many prosecutors and the near lynch mob According to a report in the Anchorage even on paper - from a government stooge,
atmosphere they seek to create regarding Daily News, “The Justice Department and then passing it on to a reporter and to
their defendant. moved to dismiss former Sen. Ted Stevens’ an official from the Israeli embassy. Rosen
indictment on Wednesday, effectively voiding and Weissman did what a thousand reporters
PROSECUTORS’ DISMISSAL OF
his Oct. 27 conviction on seven counts of in Washington do every day - hear about
IDENTITY THEFT CHARGES filing false statements on his Senate financial information that’s technically classified. The
AGAINST RUBASHKIN disclosure forms. only difference is that these two worked for a
HAILED AS VICTORY AND “The decision by U.S. Attorney General demonized lobby.
Eric Holder comes after a new prosecution “It’s a sad day for the Walts and
GOVERNMENT ADMISSION team discovered a previously undocumented Mearsheimers of the world, who believe that
OF “OVERREACHING” interview on April 15, 2008, with the star AIPAC is a treasonous organization, and it’s a
On Monday, prosecutors dropped the witness in the case that sharply contradicted sad day for AIPAC too, because it abandoned
identity theft charges - the centerpiece of its the most dramatic testimony in the four-week the two men to the fates when it should have
immigration violation allegations - against trial. The information had never been turned stood by them.”
Reb Shalom Mordechai Rubashkin of over to the defense, the Justice Department With regard to the Rubashkin, the
Agriprocessors (Agri). The government cited said in its motion. “Overreaching” of the prosecution in the
the fact that a recent Supreme Court ruling “‘I always knew that there would be a identity theft case seems to just be the tip of
determined that prosecutors who file identity- day when the cloud that surrounded me iceberg.
theft charges must prove that the defendant would be removed,” Stevens said in a written 9,311 COUNTS OF
knew that the identity used belonged to statement. “That day has finally come. It is
CHILD LABOR FROM
another person. Knowing that their case was unfortunate that an election was affected by
doomed and in response to a motion filed last proceedings now recognized as unfair. It was 25-30 ALLEGED MINOR
week by Rubashkin’s lawyer, the prosecutors my great honor to serve the state of Alaska in EMPLOYEES?
asked a federal judge to dismiss seven counts the United States Senate for 40 years.” On the State level, prosecutors for the
of aiding and abetting aggravated identity In a written statement, Stevens’ attorneys Iowa Department of Labor (IDOL) have also
theft. decried the “corrupt” conduct of attorneys and been guilty of egregiously overreaching in
Defense lawyer Guy Cook hailed the the FBI in the case. “It was a bad judgment to the child labor violations case, according to
request as a victory for his client and a have done so in the first place,” said Brendan a motion submitted by Rubashkin’s lawyers
government admission of “overreaching in Sullivan, the defense counsel for Senator last week. On September 9, 2008, a Complaint
this case.” Stevens. “He’s a war hero. He served in the and Affidavit was filed in Allamakee County
SIMILAR GOVERNMENTAL Senate for 40 years, and he was the target of accusing Shalom Rubashkin and others
prosecutors who wanted to enhance their own with 9,311 counts of claimed “child labor”
OVERREACHING IN STEVENS reputation.” violations in Chapter 92 of the Code of Iowa.
AND AIPAC CASES Two weeks ago, in another high profile Rubashkin Attorney Monty Brown, who
The Rubashkin case has not been the only case, Federal prosecutors abandoned an filed the motion, told the Yated in a telephone

Page 44 Perfidy in Iowa


interview that the government alleges that names.” let Agri try to comply with the law. Their
there were between 25 and 30 child laborers In addition, Agri has documents of clear intention was to be able to nail Agri
working at Agri. numerous occasions where Agri actually with a ‘shock and awe’ indictment that would
When the Yated asked how an alleged fired employees because Agri determined in effect destroy the company.
25-30 laborers could produce a complaint that they had lied about their age and were This is exactly what happened.
containing 9,311 counts of child labor under 18 years of age. That is the ‘outrageous governmental
violations, he explained that the government In effect, the motion says that, “It is misconduct’ that Rubashkin lawyers are
counted every day that each alleged child provable that IDOL knew specific names accusing the government of engaging in.
worked there and multiple alleged violations or alias names in early April. When asked “The conduct is so shocking that due process
each day. The motion clearly charges that the by Agripocessors to disclose the suspected values necessitate dismissal of the charges as
government was using a “shock and awe” minors to assist Agripocessors in complying a matter of fundamental fairness.”
tactic that was certain to illicit maximum with Chapter 92, IDOL refused.
outrage. “Instead, IDOL continued with their WHO IS DAVID G. NEIL?
investigation and presumed planning of their One more interesting point that bears
Those who were closely following the
Rubashkin saga from the outset will no own ‘raid.’ Meanwhile, human beings known scrutiny, which one person close to the case
doubt remember that it was that indictment or reasonably known by IDOL to be minors called a “blood libel” against Rubashkin and
of 9,311 counts of child labor violations that were permitted by the State to continue Agri, is the conduct of the Labor Commissioner
caused a tremendous uproar in the press and employ with Agripocessors. The IDOL of the State of Iowa, David G. Neil. Neil
in cyberspace, and, according to many, set intentionally let alleged minors go to work at claimed in immigration proceedings against
into motion the ultimate bankruptcy of the Agriprocessors, which is a prohibited place one minor that at Agriprocessors, the minor
company. of employment for persons under age 18. was subject to “blackmail, extortion, false
The current motion, however, charges “IDOL intentionally and knowingly imprisonment, felonious assault, hostage,
that the government, in its zeal to extract let minors go to work at the location that involuntary servitude, obstruction of justice,
the ultimate price from Rubashkin, broke its Iowa Labor Commissioner David Neil peonage, slave trade, torture, trafficking,
own child labor laws, endangered the very later claimed, in immigration proceedings unlawful criminal restraint...” Aside from
children it has sworn to protect, and was on behalf of one minor, subjected them to the fact that according to him, if Agri was
guilty of outrageous government conduct, all, ‘blackmail,’ ‘extortion,’ ‘false imprisonment,’ doing all of the above, Mr. Neil himself
of course, to try targeting Rubashkin in the ‘felonious assault,’ ‘hostage,’ ‘involuntary committed the gravest travesty by letting
most derogatory fashion. servitude,’ ‘conspiracy,’ ‘obstruction of the minors whom he knew were working
The allegations put forth in the motion justice,’ ‘peonage,’ ‘slave trade,’ ‘torture,’ there to continue working there, these highly
clearly depict that a prosecutorial blood libel ‘trafficking,’ and ‘unlawful criminal exaggerated allegations raise questions of an
has been perpetrated against Rubashkin. In restraint.’ ulterior motive on Neil’s part.
many ways, it makes the prosecutors in the ‘The IDOL’s investigatory conduct in this Before assuming the post of Labor
above mentioned Ted Stevens and AIPAC case constitutes outrageous governmental Commissioner of Iowa, David Neil was
cases look meek… misconduct that violates Defendant Shalom president of the Iowa United Auto Workers
Rubashkin’s due process rights. The people Community Action Council, between 1983
AGRI PROVES THAT of this State entrust the IDOL to protect our and 1985, and a member of the UAW since
IT PREVIOUSLY FIRED children. 1960.
UNDERAGE EMPLOYEES WHO “It is outrageous to continue to let The Yated asked Rubashkin attorney
suspected children earn $7.50 per hour in a Monty Brown if the fact that Agri was
LIED ABOUT THEIR AGE…BUT packing plant while an investigation plods not a unionized company and had resisted
IDOL WITHHELD THE FACTS on. Particularly, when the likely reason
Let us return to April 2, 2008, when the becoming part of a union could have had any
includes a plan to develop a large workforce effect on the proceedings that were initiated
IDOL, claiming that they had information complaint so the State can assess more fines -
that Agri was in violation of child labor laws, by the Iowa Labor Commission headed by
money, from Agripocessors.
was given permission by Shalom Rubashkin Mr. Neil, the former union boss, Mr. Brown
“The IDOL willfully concealed from
to search Agri for minors, without a warrant. responded that the motion was not against
Agripocessors and Defendant Shalom
Employees were interviewed, but at the end any particular person but rather about the
Rubashkin important facts which
of the process Rubashkin was not informed were detrimentally relied upon by the facts of the case.
whether IDOL believed that one or more Defendants. This willful concealment placed Nevertheless, it seems that the question
employees were minors. Agripocessors in a legal ‘Catch-22’ as must be asked. In light of the IDOL’s extreme
In e-mail correspondence with the IDOL Agripocessors did not have the legal right to way of prosecuting the case, and in light of
on April 28, Rubashkin’s lawyers said that to guess at ages or fire employees en masse on the fact that they knowingly put the lives
the best of Agri’s knowledge, there were no mere suspicion. The Iowa Civil Rights Act in of minors in jeopardy in order to present a
child laborers, and they asked if IDOL had Chapter 216 prohibits discrimination on the ‘shock and awe’ complaint against Agri
any information suggesting that there were basis of ‘age’. Title VII of the Civil Rights and Mr. Rubashkin, did Neil’s more than a
child laborers at the plant. In the e-mail, Act prohibits ‘age’ discrimination. Title VI of decade as president of a union and more than
the lawyers wrote, “We all agreed that the Civil Rights Act prohibits discrimination 40 years of holding senior union positions
neither the State of Iowa, nor Agripocessors, on the basis of race and national origin. influence the way the Department of Labor,
wants minors working in Agripocessor’s Agripocessors and Shalom Rubashkin had a under his leadership, prosecuted the case?
facility. We asked for the names of those right to rely upon the lack of reported findings It is not a comfortable question to ask, but
employees believed to be under the age of from the search on April 2, 2008 at the plant.” in light of the many questions surrounding
18, so Agriprocessors could take appropriate There you have it. The motion says the prosecution of the Rubashkin ‘child labor’
action to terminate their employment. You that the IDOL was so determined to get its case thus far, it is a question that any person
stated that you did not want to provide those 9,311-count indictment that they refused to pursuing true justice cannot afford not to ask.

Perfidy in Iowa Page 45


July 24, 2009

Real Ahavas Yisroel

BY RABBI PINCHOS LIPCHUTZ

My column last week about the not to feed him anything other than what are in a different reality. If you want to
Yerushalmi demonstrations elicited varied he received from his feeding tubes. It was stay in the Brooklyn ghetto, maybe that’s
responses. It was painful to realize how only after the mother was dragged off that okay. But if you want to go out into the rest
many people think so little of our chareidi they began force-feeding the child in a bid of world and get involved in real business,
brethren that they believe whatever they for him to gain weight. you can’t just have the same paradigm we
read which denigrates religious people. Of all the people, the mayor of had in Europe or the Middle East.”
It is painful to be attacked for writing a Yerushalayim, elected because the When he stood beside liberal union
sensible article laying out the facts and religious community could not organize groups seeking to unionize a Chicago
defending people for trying to exercise around a candidate, found the perfect way hotel owned by religious people, he
commonly held freedoms of expression to respond to the riots. He called off all said, “I remember the ads defending
and assembly. garbage collection and municipal services Agriprocessors - talking about how it’s
The entire Israeli media was engaged in a to the areas which the shababnikim this modern, clean factory. People were
conspiracy once again to paint the religious damaged. So, not only do the parents just deluding themselves. That’s the
community as a bunch of backward suffer by having such children, not only impression I have here, as well.”
infidels who are an embarrassment to does the community suffer by having Anyone who visited Agri had to be
their religion. It is no wonder that the anti- fires burning under their noses, but the impressed by the high level of cleanliness
religious groups readily gobble it up, but benevolent mayor decrees that there will evidenced in the USDA inspected plant.
it hurt to note that their reports were oft- be no more garbage pickup. Thankfully, That was never in doubt. Yet this rabbi
repeated by religious people and believed his tactic was overturned by the courts. was able say anything with impunity, for
by almost everyone. Mayor Nir Barkat also targeted he was talking about a plant owned and
Since that article was published, another Americans as scapegoats, blaming them operated by old-style religious Jews. Who
spate of demonstrations broke out over the for the violence, with no evidence. Of would go after him for playing up the
arrest of a loving Yerushalmi mother for course, the people inclined to mock centuries-old canard that religious Jews
allegedly starving her child. Without any yeshivos and yeshiva bochurim cheered are dirty and slimy? He can freely posture
examination or proof, the health system, him on, without bothering to ascertain for the media and the liberals who write
police and media diagnosed her as being how many bochurim, if any, were involved him up in glowing terms.
mentally ill and suffering from an ailment in anti-social behavior they could not have Though he is Orthodox, he does seem
which forced her to starve her sick child. learned at home or school. to have an agenda against the black-hatted
In the fifth month of pregnancy, she was Typical of the reaction to all this was Jews. It is to be expected that the secular
dragged away, chained hand and foot, sent an article posted by Rabbi Asher Lopatin media would play him up. What hurts even
to the jail in Ramle, which is reserved for on a secular Jewish media site, as well more is when the Orthodox media quotes
the most dangerous of criminals. She was as a religious one. The Chicago rabbi, him and publishes his missives, such as
held under inhumane conditions, sleeping who stood with those who castigated his recent one against Yerushalmi Yidden.
on a concrete bed in a cell she shared with the Rubashkins and their Agriprocessors He writes, “Rather than rioting against
an Arab woman accused of murder. Corporation which supplied much of what seems to be saving of a child’s life
Is that the way a civilized country treats the United States with affordable kosher - piku’ach nefesh - didn’t you question
anyone? A separate article in this week’s meat, is now advising the members of for a moment what is going on? What
paper highlights the inconsistencies with Yerushalayim’s yishuv on how to handle are the names of chareidi organizations
the case and presents the other side of their affairs. that protect children - and spouses -
the story as documented by people in Back then, he said that “there seems from abuse? The chareidi community in
Yerushalayim who, for quite some time, to be a pattern of Jews, and especially America has such organizations which
have been involved with the medical issues Orthodox Jews, not knowing how to relate serve the entire Jewish community - have
facing this family. There are witnesses to gentiles. We have a history of really you set up yours? I haven’t seen them
who can testify that the child lay in the trying to survive as Jews and having to involved or consulted. No, instead of
hospital for months with a standing order protect ourselves constantly, but now we blaming Hadassah hospital, the doctors

Page 46 Perfidy in Iowa


and the media of a conspiracy, maybe you increasing hatred of religious people and these loving lovely people go about their
should begin a process of coming clean our causes. Shame on people who seek daily affairs. If, G-d forbid there should
and accepting that domestic abuse occurs to divide the Jewish people, rather than be a need for another hafganah we can
in all types of communities - from the bring us together. Shame on people who attend and watch how Yerushalmi yidden
most religious to the most secular, Jewish are ready to denigrate and dispense self- peacefully express their pain and how they
and non-Jewish. And that sometimes righteous advice to Jews who hew to an are treated by the police. And we can stay
the police and the authorities have to be ancient and hallowed way of life. till the bitter end and watch how the rif-
brought in to protect children and spouses. Walk down Rechov Meah Shearim and raf comes and destroys the place. And then
That would be the appropriate response, observe the Reb Arelach, as the Toldos we can review together what we have seen
one that would be a kiddush Hashem, Aharon chasidim are affectionately and determine whether a re-evaluation is
which would win the respect of Jews and referred to, as they go about their daily in order.
non-Jews for Torah and for Judaism.” lives. They are the most unpretentious and As we enter the month of Av, it would
Rabbi Lopatin continues: humble of people. All they ask for is to be behoove us to seek to bring Jews together
“My brothers and sisters in the chareidi left alone so they can serve Hashem. They and create a kiddush Hashem wherever
community: G-d’s name is not sanctified don’t seek material pleasure and always and whenever possible. Though the
by you showing how much political muscle seem to be so happy. Their children are response to my column last week on the
you have to close parking lots, to maintain picturesque epitomes of simple beauty Shabbos demonstrations hasn’t been what
the ‘status quo,’ or to show that you can and chein. They obey all laws and exhibit we expected, neither has the outpouring
do whatever you like to your kids without no anti-social behavior. To accuse them of of support we have been receiving for our
the authorities intervening: that’s not the being rioting baby killers is nothing short campaigns on behalf of two chassidishe
way to sanctify G-d’s name, or even your of a modern-day blood libel and lynching. Yidden, Shalom Mordechai Rubashkin of
name. The way to kiddush Hashem is for I invite Lopatin and the rabbi who Postville, Iowa, and Ben Tzion Oiring of
all of us to place G-d and G-d’s kindness wrote in The Jerusalem Post to join me for Yerushalayim ihr hakodesh. Good Jews
above our own agendas, and to show that a visit to Meah Shearim. Let’s go visit the were touched when reading about their
we are willing to sacrifice even your own stores and places of business of the Reb financial situations and wrote out checks
serenity on Shabbat, our own control over Aralach – yes they do work – and see how for people they don’t know. That is real
our families, in order to protect the weak they conduct themselves. Let’s visit their ahavas Yisroel of the type that is mekareiv
and make G-d’s name something beautiful homes and see how they live. Let’s follow the geulah. Ahavas Yisroel doesn’t mean
and desirable, not something which people them to the Beis Medrash and observe writing articles in the Jewish Journal,
cannot run away from fast enough.” them davening and learning. We’ll go to Jerusalem Post, or on various websites
Without bothering to find out what the rebbe and you can ask him all your and blogs slamming frum yidden. Ahavas
the facts are, much as was the case in his questions. We’ll visit Ben Zion Oiring Yisroel means to give a Torah Jew the
campaign against Rubashkin, Lopatin and watch a one-man chesed operation in benefit of the doubt and to examine the
bought the media story, lock stock and action. We’ll talk to Uri Zohar and hear story before rushing to judgment and
barrel. And why not? After all, it is those what he has to say. We will pay a visit engaging in the castigation of good people
same backward, insular people who have to Rav Dovid Soloveitchik and you can who are under attack.
no concept of law, order and hygiene. ask him why he publicly referred to the May we merit welcoming Eliyahu
He didn’t speak to anyone who was at the sorry story as a blood libel. We can just Hanovi in enough time to declare Tisha
so-called riot, because if he had, he would stand at Kikar Shabbos and watch how B’Av a Yom Tov.
have found out that thousands
of religious Jews congregating
to protest the treatment of one
of their own does not constitute
a riot. He didn’t speak to any
spokesmen for the Toldos
Aharon chassidim. Had he,
he would have heard their
categorical denouncement of
any violence. He would have
found out that the protests
were peaceful. He would have
discovered that troublemakers,
known as shababnikim, were
responsible for the burning of
trash bins and creating other
mayhem after the masses of
protesters had gone home.
Shame on him and shame
on those like him who accept
as fact whatever they read in
condemnation of religious
Jews, and anyone else for that
matter. Shame on him and
those like him who post such
drivel and contribute to the

Perfidy in Iowa Page 47


August 14, 2009

The FBI Unmasked

Hints of Dreyfus

BY DEBBIE MAIMON

Allegations of anti-Semitism surfaced Not long afterward, the two were arrested and the defense department at the time. Many, like
recently about a 2004 FBI sting that entrapped indicted for conspiracy. Wolfowitz and Feith, were associated with
two Jewish members of AIPAC (American The arrests astounded the political and the “neoconservative” faction in the Bush
Israel Public Affairs Committee) in espionage- journalism community in Washington. In administration that supported close U.S. ties
related charges. singling out the two AIPAC staffers and with Israel. Stereotypes about Jewish power
The allegations raised fresh concerns about prosecuting them for information-sharing mushroomed in the aftermath of the Iraq
the FBI’s true motives in the case which, to that is routine between lobbyists, government invasion, giving rise to conspiracy theories
the government’s embarrassment, collapsed officials and reporters, the FBI clearly seemed about excessive Jewish influence over
after four years of pre-trial maneuvers due to to be trying to strike a blow at AIPAC. President Bush and U.S. foreign policy.
lack of evidence. The men were fired from their jobs, and These theories infected the State
Because the FBI operation invoked an endured four years of exhausting litigation Department, a branch of government that
archaic law to indict the men, attempting to leading up to their trial. Then, following a has traditionally been pro-Arab and has
crimin-alize activities that are acceptable and relentless pre-trial battle, involving dozens of manifested hostility to Israel. Some point to
routine for lobbyists, the Bureau’s actions hearings, depositions, rulings and appeals, the the near-obsession on the part of numerous
invite suspicion that its real aim in the bizarre Justice Department came to the conclusion State Department officials with the notion that
sting was to curb the influential pro-Israel that despite all its efforts, it was not going American Jews hold “dual loyalties.”
lobby, AIPAC. to win a guilty verdict. With just 30 days to “The anti-Zionist concept [pervading parts
By falsely discrediting some of its most go before the trial began, the government of this department],” writes the Washington
prominent members, many now think the FBI dropped the charges. Post, “holds that Israeli objectives run contrary
was really seeking to weaken and discredit the By then, the ten-year investigation to U.S. national interests; that many American
entire organization. and prosecution case, costing the federal Jews, including those in senior policymaking
The allegations of anti-Semitism were made government millions of dollars, had positions, suffer from divided loyalties; and
by former Pentagon analyst Larry Franklin, destroyed the reputations and livelihoods of that pro-Israel political influence holds sway
an expert on Iranian affairs. Franklin, who is two innocent men. As the reaction to Larry over U.S. government decisions.”
not Jewish, served as a key player in an FBI Franklin’s testimony suggests, the affair has Franklin was apparently sent out by his
operation that targeted AIPAC members Steve also prompted suspicion of religious bias and FBI handlers to tempt Jews, the article notes.
Rosen and Keith Weissman. an abuse of power in the top echelons of the “He tried Adam Ciralsky at CBS News, who
Last week, Franklin broke a silence of FBI. had once sued the CIA for anti-Semitism,
many years, telling the Washington Times that “FRANKLIN WAS SENT and Richard Perle, who was on his way
anti-Semitism tainted the entire affair and may to vacation in France, as well as Pentagon
have been an “incitement in the investigation.” TO TEMPT JEWS”
Franklin’s claims of an anti-Semitic agenda employees who had done nothing more than
DANGLING THE LIVES driving the FBI’s campaign against AIPAC work with Franklin. All turned down the offer
OF JEWS AS BAIT were backed by Rosen in the Jerusalem Post. of classified information.”
As an FBI “cooperating witness,” Franklin “Within the counterintelligence bureaucracy He then went to work on the AIPAC
was wired with FBI recording devices during of the United States government, there is a lobbyists, using tastier bait - the prospect of
staged meetings with Rosen and Weissman virulent ideology about Israel and Jews,” he saving Jewish lives - and here he succeeded.
that were aimed at trapping them with said. “These guys believe there’s a Jewish Using ‘Dead Laws’ To Prosecute
irresistible bait: he told them that Israelis in cabal, a Jewish conspiracy.” The Justice Department prosecutors
Iraq were being targeted for assassination by Rosen said that some insiders feel that the decided to indict Rosen and Weissman under
Iran, and begged them to help. FBI’s real target was not Franklin, but his the Espionage Act, a law which has never
Rosen and Weissman fell into the trap. superiors, Deputy Defense Secretary Paul previously been invoked. As Harvard Law
Hoping to save lives, the men hurried with the Wolfowitz and Undersecretary of Defense for Professor Alan Dershowitz notes, it is not
classified information to an Israeli embassy Policy Douglas Feith, outspoken advocates even clear if the statute, so long ignored,
official and to the Washington Post. They also for Israel. actually remains law! In his words, “It is a
tried to alert the National Security Council. Several Jews held prominent positions in well-established norm in the U.S. that when a

Page 48 Perfidy in Iowa


law is not enforced for many years, it ceases to government pressure, intimidated AIPAC against Shalom Rubashkin of Agriprocessors
be considered law.” leaders fired the two lobbyists, cut off their are 19 counts of failing to keep this 88-year-
The reach of this law, which dates from legal fees at times and distanced themselves, old law’s ambiguous, outdated provisions.
the World War I era, has never been clear. By and their allies on the Hill, from even verbal Although the Packers and Stockyards Act
its terms, it would seem to require every U.S. support. calls for the prosecution of all employees at
citizen to protect the government’s secrets AIPAC also made it difficult for others the meatpacking plant who were directly
- a principle completely at odds with the within the Jewish community to employ or indirectly responsible for the delayed
American system of full disclosure and public Rosen and Weissman. Thus, for more than payments, prosecutors invoked the law against
debate. five years from indictment to the dropping Rubashkin exclusively.
The decision to prosecute Franklin, of charges, their lives were on hold, their An indictment singling out one individual
Rosen and Weissman under the articles of resources depleted and financial survival for actions for which everyone else gets a pass
the Espionage Act, says Dershowitz, was imperiled. They were sidelined and virtually is discriminatory and should be dismissed,
“selective prosecution” at its worst. “If every silenced. Only belatedly did some Jewish Rubashkin’s attorneys argued.
administration official who did what Franklin officials speak out in their defense. The lawyers have petitioned the judge in the
did were prosecuted as he has been, there AMCHA was the only Jewish group that case to dismiss the charges, calling the Packers
would be more government officials in prison filed an amicus, or friend-of-the-court, brief in and Stockyards Act “defective” and the
than at the State Department, the Defense the case. The 2007 submission, in response to draconian penalty of six months imprisonment
Department or the White House,” he argued. a government request that the trial be closed to “cruel and unusual punishment.”
DOUBLE-CROSSED the public, compared the case to the Dreyfus Supreme Court: “Identity Theft Charges
Franklin ended up being double-crossed affair, and insisted that the men were entitled Misapplied”
by the FBI, who had him arrested for spying to an open trial. In light of a U.S. Supreme Court ruling
for Israel. He ended up admitting in a plea AIPAC and the American Jewish “that one of the most widespread charges
bargain to breaking the law by passing community as a whole were not the only ones against plant employees, aggravated identity
classified information to outside parties, and who abandoning two of their own, whose theft, was wrongfully applied,” some have
was sentenced to 12 years in prison. To win a only crime was caring enough about Jewish begun to question the accuracy and honesty of
reduced sentence, he agreed to cooperate in the lives to overstep the bounds of convention. the charges against Rubashkin.
FBI operation against Rosen and Weissman. The government of Israel refused to cooperate This Supreme Court ruling was cited in
Rosen charged that Franklin was railroaded with the defense in any way. newly released book that examines how
into pleading guilty and playing along with the A good part of the government’s case Postville, Iowa, home of Agriprocessors, has
FBI by threats to harm his family by cutting revolved around charges that Rosen and all but collapsed in the wake of last year’s
off his pension. In an interview with the Weissman shared classified information massive raid by immigration authorities. The
Jerusalem Post, he said federal prosecutors with Israeli government officials. Being able book, “Postville, USA,” questions the legality
used the same type of tactics against him. to prove that Israeli officials already had of the raid and the methods used to extract
“The [FBI] wanted to destroy me,” he said. learned of the information directly from their plea bargains from hundreds of illegal aliens.
“They forced AIPAC to fire me. They forced own contacts with U.S. officials, or that they Authors Mark Grey and Michelle
AIPAC to cut off my attorneys’ fees,” he themselves had been the original source of the Devlin paint an incriminating picture of
said. “They tried to isolate me, to put me in information, was critical to the defense. the government’s immigration arm, which
a situation of desperation where I would have Yet, according to attorneys for Rosen and conducted the raid, as well as the federal court
to plead guilty to something I did not do. This Weissman, request after request to the Israeli that cooperated with it. “They railroaded
happens all the time.” Embassy in Washington and to officials in nearly 300 illegal aliens into plea bargains
“After years and millions of dollars spent Israel were denied. They would not agree to which the authors believe were obtained
investigating the nefarious ‘Israel Lobby,’ an interview, even in Israel; they would not under false pretenses,” JTA wrote.
the case produced no stolen secrets, no agree to an exchange of information, even Although Rubashkin’s trial is not scheduled
money changing hands, no covert meetings, through attorneys. They refused to help in any to begin until September, in the courtroom of
no high-level, dual-loyal officials, no harm way. public opinion, many have already convicted
to the national interest and no spies. Pardon PARALLELS WITH THE him. The media onslaught, taking its cue
me, but where’s the corned beef?” wrote the RUBASHKIN CASE from the government’s relentless pre-trial
Washington Post. If an inside view of the AIPAC affair lifts the maneuvers, has influenced a good portion of
Notwithstanding the collapse of the case veil on an anti-Semitic mindset driving some the American Jewish community.
and the indications of an abuse of power quarters of the State and Justice Departments, Perhaps American Jews, instead of
behind the entire affair, Rosen warned that it also throws a spotlight on a number of marching in lock-step with the steady
other officials in Jewish organizations may disturbing parallels in the government’s case drumbeat of media assault, should heed some
become targets for similar charges. “They still against Shalom Rubashkin. of the lessons of the AIPAC affair that pertain
believe there are Jewish spies under every As in the AIPAC affair, prosecutors in the to American Jewry and its tendency to leave a
bed,” he said.ottom of Form Rubashkin case have invoked an arcane law soldier alone on the battlefield.
RUNNING FOR COVER to prosecute the defendant, ignoring the fact “Whether it realizes it or not, American
The response of the Jewish community to that this law is not only outmoded, but vague, Jewry today hovers near a precipice,” writes
the prosecution of the two AIPAC lobbyists, undefined and never before applied. Caroline Glick in Jerusalem Post. “It can
specifically in the case of AIPAC itself, was The law in question is the 1921 Packers and force its way back onto stable ground, or it
to run for cover. Stockyards Act that requires meatpackers to can fall. The basic question it faces is whether
AIPAC did not immediately dismiss make “prompt” payment to livestock owners, Jews in America have found a permanent,
the two men, but initially used the charges or suffer a penalty of six months imprisonment stable home in America where they are free to
against them as a fundraising opportunity, along with a massive fine. be Jewish, or whether they will begin to act as
raising a record $45 million.ºBut soon, under Included in the 169-count indictment though they are guests in their own country.”

Perfidy in Iowa Page 49


September 11, 2009

What If?

BY RABBI PINCHOS LIPSCHUTZ

The driver who took us from self-inflicted. We hear a good story, and their salaries.
Postville back to the Minneapolis we jump to quick conclusions without But as the only media outlet to
airport for the flight home summed it bothering to ascertain the truth, and constantly take up the cause of reporting
all up. As we were approaching our in the process we destroy people, what was really transpiring in that
destination after a three-hour drive families, careers, and much else. plant and in the town of Postville, our
through the darkened cornfields in the It’s not a secret to Yated readers efforts, regrettably, were not enough to
wee hours of the morning, Jonathan that we are haunted by what happened turn the tide and convince the masses
Saphira turned around and said to me, to Agriprocessors and to Shalom of the truth.
“I must tell you something. Last year, Mordechai Rubashkin. I have read People who should have known
when you came to visit after ‘the raid’ the malicious book about the Postville better didn’t. People who are enjoined
and I drove you from the Minneapolis experience and the reports of the not to accept lashon hara and hotzo’as
airport to Postville, it was a life-altering disgusting manner in which the workers sheim rah did. People who should
experience for me.” there were treated. I read the articles have given their brethren the benefit
I was worried that I had done painting the company managers as of the doubt didn’t. People who should
something wrong. I listened with rapt modern-day shylocks trading in human have perceived that the real target was
attention as our driver, a resident of misery and making their living off of shechitah, and should have raised a
Rochester, Minnesota, and a translator the virtual enslavement of a servant hue and a cry, didn’t. Thus, the lynch
who worked with Hispanic Agri class of workers. They were rolling in mobs were able to vilify and destroy
workers before the raid, continued. money like typical evil capitalists, the the reputation of a family renowned
“You see, I don’t know if you articles claimed, enjoying the fruits of for its charity and care of the less-
remember, but you were in the car with the labor of the illiterate, the unskilled, fortunate.
another rabbi. I had thought that I knew and the proletariat, whom they ruled A dream of the highest standards
everything about Agriprocessors and over. of kashrus coupled with the highest
the Rubashkins and that I didn’t have The facts as I saw them with my quality of USDA inspected meat was
to pay attention to the media reports. own eyes on my visit to the plant last allowed to turn into a nightmare, and
But then I heard how that rabbi was year were so obviously contrary to the few who could have made a difference
speaking and how you were arguing media portrayals that I didn’t have to can say, “Yodeinu lo shofchu es hadom
with him in vain, and I realized for the be a conspiracy theorist to sense that hazeh.”
first time the power of the media and something deep and sinister was at We didn’t care. It was just another
how their unsubstantiated allegations work. news tidbit for us to talk about. It was
took root and gained acceptance. Even The plant was ultra-modern, fodder for conversation, and we didn’t
religious Jews and people like that ultra-clean, ultra-efficient, and so fathom the human toll and cost it
rabbi fell for what they were writing far removed from the jungles of would take.
and that added to the pressure. I am Chicago and Upton Sinclair that it When I saw how wide the gap was
sure that if religious Jews had fought was inconceivable how any objective between the facts and the reports, I
back, the government never would person could confuse the two. The adopted the cause. I had never met
have been able to proceed based on the workers, both home-grown Americans Shalom Mordechai Rubashkin. We
anonymous, unfounded allegations I and those from Spanish-speaking became close over the year of his
knew were wrong, and we wouldn’t be countries to our south, smiled as they travails by speaking on the phone and
where we are today.” went about their work and, when we through emails and text messages, and
Jonathan couldn’t have expressed spoke to them, had only positive things then he decided that it was time we
it better. So many of our problems are to say about their jobs, their bosses, met.

Page 50 Perfidy in Iowa


My wife and I spent this past melava malka. We experienced real, one family under attack, but all of us
Shabbos in Postville, Iowa. We took off living Yiddishkeit in the cornfields of and our families have become fair
to the Shabbos of Chizuk for Shalom Iowa. It was such a lovely experience game for those who have been battling
Mordechai with great trepidation, not to spend Shabbos with so many nice, our existence ever since the days of
knowing what to expect, but it turned normal, friendly people. Mendelsohn, Graetz, Achad Ha’am,
out that we had nothing to fear, and we ••••• Solomon Schechter and all the rest.
learned quite a lot over the day and a This week’s parsha opens with the They raise allegations and reinforce
half that we were there. posuk, “Atem nitzovim hayom kulchem them with age-old stereotypes, neither
Imagine living in a place three hours - You are standing today, all of you…” proving nor substantiating their
from anywhere where you can buy a The Medrash Tanchumah states that charges, and then they convict the
house on a decent piece of property we can only be Nitzavim and merit religious Jew of living an antiquated
for $25,000. Imagine living in a town the light of Hashem when we are way of life which leads to anti-social
where there is no crime and everyone united b’agudah achas. Additionally, behavior.
keeps their doors unlocked day and the Medrash says, the Jewish people We are vilified daily in the media and
night. There are no hills, the earth will not be redeemed until they are painted as extremist, backward weirdos
is as flat as can be, and when you united together b’aguda achas.” If we who must be combated and put into
look around, all you see are fields of want to merit the geulah; if we are to our rightful places. We ignore it and let
green for miles around you. You are succeed in golus, we have to be all it fester. While a religious Jew used to
enveloped by a calming silence and together. We have to see past the hype, be treated with a measure of respect,
fresh fragrant air wherever you go. past the headlines, past our own daled today we are barely tolerated and are
Very rarely does a car come by, and amos, and we have to give people with looked at with contempt wherever
when it does, it is moving at about 15 reputations as ehrliche Yidden the we go. The lie gains traction if it isn’t
mph. benefit of the doubt. batted down and has the potential
The tiny sliver of a town has a shul, When an unholy alliance is of eventually becoming universally
a yeshiva, a cheder, a mikvah, and a comprised of conservative rabbis, the accepted as the truth.
kosher, fully-stocked grocery store. liberal media and unions who have Not only gentiles and secular Jews,
Everybody davens in the same shul contributed to the losses of millions of but even we, the Torah observant
which, if you didn’t know better, could American jobs, we ought to know that community, begin viewing our co-
be confused for a chassidishe shteibel they are up to no good and we should religionists with added degrees of
in Boro Park or Yerushalayim. As be prepared to engage them and defend suspicion and cynicism. After all,
you walk out of davening, you hear our way of life before they destroy it. the media has proven that frum Jews
the people speaking to each other in a When people who don’t believe in are dishonest schemers who can’t be
dialect composed of Yiddish, English the divinity of the Torah, nor observe trusted, we are repeatedly told. Not
and Hebrew in a way that you can’t the laws of kashrus and Shabbos, only that, but these Orthodox Jews are
tell who is from here and who is from discover new mitzvos, such as declaring also dirty, unkempt, vile Neanderthals
Israel. They all sound alike and get that when employees are improperly whom one should do his very best to
along so well with each other. treated the products they produce avoid. They say we are anti-social,
As strange as it sounds, some become unfit for Jewish consumption, refer to cops as Nazis, walk around
people live here and commute to their alarm bells ought to go off. We should with hatchets with which to kill hapless
jobs in other states, coming home realize that not only is one factory and Arabs we find in our midst, defend
for Shabbos. One shochet I spoke baby killers, and our rabbis moonlight
to is a Klausenberger chossid from as money-launderers.
Yerushalayim. From his mother’s side, An acknowledged baal chesed, baal
he hails from the Vilna Gaon. His tzedaka, decent, honorable person is
great-great-great-grandmother arrived about to stand trial for his life. Who
in Eretz Yisroel with the first organized would have believed that the beautiful
aliyah shortly after the passing of the experiment in kosher production
Gaon. He went to Postville to shecht and establishment of an entire town
for Agri and now commutes to the around it, would end this way? Who
shechitah in Kansas. He loves it in could have dreamed that the person
Postville. What is there not to like? He who devised the most modern system
says this is the best place to bring up of kosher shechitah, processing and
children, so far from the vagaries of distribution would be preparing to
city life and incipit influences. stand trial, being accused of running a
In addition to spending a Shabbos decrepit operation, without the money
in the company of people we had just to defend himself?
met but who felt like family, on Friday When you see that ad which we
night there was a shalom zachor, and run here in the Yated every week for
on Motzoei Shabbos there was a festive the Pidyon Shvuyim Fund, think to

Perfidy in Iowa Page 51


yourself that this is not just an effort to with their lives. Why was the Agri head, he and his ilk get a free pass.
help one person. It is an undertaking to experience so different? Why weren’t Yet we accept that double standard
defend our right to practice our religion they taken up on their offer to fire and take it for granted. Many times, we
responsibly without people casting anyone who the government felt don’t even realize it is taking place.
stones at us and depicting us as frauds, shouldn’t be working in the plant? •••••
as has been the pattern throughout our Also last week, former Israeli Prime The shul in Postville is named
history in exile. Minister Ehud Olmert was indicted Achdus Yisroel and that is exactly
We will keep this story alive until for robbing charities as well as the what it is. It is a place that draws all
it reaches its conclusion and will Israeli taxpayer. There was no hand- types of Jews, who speak a collection
continue to report the truth so that wringing from the same people who of languages and hail from various
perhaps, one day, when people look have castigated our education system parts of the globe. They all get along.
back at this sorry episode and wonder and entire way of life because of some A spirit of calmness pervades the shul
what really happened, there will be a unproven allegations splashed around where everyone knows everyone else,
record for those who really care about in the press. The news was reported each person feels at home, and all
the truth. and that was it. No one dared call the attendees get along magnificently.
As we have done in the past, we will Zionist system into question. No one I couldn’t help but think of the
continue to try our very best to defend spoke of Olmert’s heritage as a prince Chazal which states that when Jews
ehrliche Yidden, without respect to of the Likud party and a scion of a are b’achdus and together, they can
their affiliation, dress, or mother storied Zionist party. No one called on stand up to any enemy, except those
country. No frum Jew should ever the state to learn lessons and adopt a who we ourselves empower. But the
again be considered fair game. moral code for all to follow. The people thought that this idyllic little town
When religious Jews are selected for who are quick to tar all religious Jews of Torah in the middle of nowhere in
prosecution for engaging in standard at the slightest hint of scandal were not Postville, Iowa, may be headed for
industry practice, we must stand beside heard from when the embarrassment Ghostville hung over the place. Despite
them and fight the biased racial and of the indictment of the head of the all the smiles and the cheerfulness, and
religious profiling. Jewish state spread across the globe. the pervasive simcha and bitachon
Just last week, American Apparel Just imagine what would have apparent there, nobody knows what the
Company worked out a deal with happened if Olmert had been loyal next year will bring. This is because it is
the government and laid off 1,500 to his Jewish religion and been a yid not only our external, eternal enemies
immigrant workers whom the with a beard and payos. Imagine the who have been empowered to destroy
government determined to be working commotion. Imagine the demagoguery this place of transplanted kedushah
illegally. The factory wasn’t subject to and oratory that would have been let by themselves, but the fact that they
a raid and the workers and managers loose on religious Jewry. We wouldn’t have been aided and abetted by wolves
weren’t led away to jail in shackles. A have had where to hide. But since this in sheep’s clothing disguised as do-
gentlemanly, professional agreement corrupt decrepit leader is a consumer gooders concerned with the ethical
was negotiated and everyone got on of treif and walks around with a bare treatment of animals and the people
who process them.
As we approach the Yom Hadin
and seek zechuyos for ourselves, let
us daven for the success of the good
Yidden of Postville and all the others in
economic distress across the country,
and resolve to improve in the middah
of kol Yisroel areivim zeh bazeh in
every aspect of our communal and
Jewish lives.
Ish lereyeihu ya’azoru ule’achiv
yomar chazak. When what divides
us is external and minor, we have to
ignore those differences and be able to
support each other and come together
as one nation for our eternal benefit.
Let it not be said of us in the coming
year that we remained apathetic and
didn’t rise up when the occasion
demanded it. Let it not be said that we
didn’t fight for the truth and help it
emerge from the dark clouds of golus
and treachery.

Page 52 Perfidy in Iowa


October 16, 2009

Rubashkin Trial Underway

Prayers Continue for Shalom Mordechai ben Rivka

BY DEBBIE MAIMON & AVI YISHAI

The first of two trials of Reb Shalom man in unparalleled and unprecedented used before in a criminal case.
Mordechai Rubashkin, former manager fashion. “This is the first time in my life that
of Postville’s kosher meat plant, began Reb Shalom Mordechai has prepared I’ve heard of that,” said Chris Kelley,
Tuesday at 9 a.m. A group of Jews for the trial “intensely, but also with the a University of Arkansas law school
traveled from New York to Sioux Falls, peace of mind of a man who knows he professor.
South Dakota, to show support. will be, G-d willing, fully exonerated,” Prosecutors also have revised their
The group chartered a bus in order Getzel Rubashkin said. charges against Reb Shalom Mordechai
to accommodate those who want to The trial comes more than a year after seven times, which defense lawyers and
demonstrate support for a man who for federal agents raided AgriProcessors and legal experts say is unprecedented.
countless years gave selflessly to the arrested 389 illegal immigrants during an “Anyone who ‘knows’ my father from
greater frum community and whose infamous raid of the slaughterhouse. Reb media reports does not know him at all,”
chesed activities were always carried Shalom Mordechai, who has pleaded not Getzel Rubashkin told the Des Moines
out without fanfare and with few people guilty, has steadfastly maintained his Register. “The character portrayed was
being aware of them. Members of the innocence and hopes to be able to prove created out of whole cloth, as anyone
group told us that Reb Shalom Mordechai that in the trial. who knows my father immediately
is “extremely calm and confident, and Agriprocessors filed for Chapter 11 recognizes. … My father is a kind man,
filled with tremendous bitachon.” bankruptcy protection in November 2008. dedicated to helping others, be it in
“It is truly amazing,” Getzel The plant was sold to SHF Industries, a the sphere of family, community (both
Rubashkin, a son of Reb Shalom new Iowa company headed by Montreal Jewish and non-Jewish) or beyond.”
Mordechai, said. “My father continues businessman Hershey Friedman. ANATOMY OF A CASE
to instill chizuk in all of us, when logic Defense lawyer Guy Cook of Des Jury selection began Tuesday and
would suggest that the opposite should Moines has said that his client denies all we can only pray that a fair trial
be true. He is a true boteach baHashem.” of the charges. and constitutional rights remain the
Eliezer Pinson was one of those who The judge has placed a gag order benchmarks of justice in courts of law in
made the long trip to the South Dakota on the legal team, preventing them for this country. However, in a case already
courthouse. “Everyone who knows him, speaking outside of the courtroom. scarred with inequity, one can’t be faulted
knows him as a great man,” said Eliezer. The fraud and immigration trials were for being deeply worried about justice’s
“People look up to him. He has always slated to take place in Cedar Rapids in the chances in this case.
made time for everyone.” state of Iowa, where the plant is located, The recent federal audit of clothing
Shalom Mordechai’s legal team will but U.S. District Judge Linda Reade company American Apparel, which led
work to prove his innocence in the face moved the trial to Sioux Falls because to the discovery of almost 2,000 illegal
of the charges which have been leveled she determined that pretrial publicity so immigrants on the company payroll,
against him. tainted the jury pool that the trial had to highlighted some of these inequities.
“This case has presented an be moved out of state. It raised troubling questions about the
opportunity to many Yidden to help Some of the charges against Reb government’s 2008 immigration raid
Shalom Mordechai in a physical way and Shalom Mordechai are unusual for a on AgriProcessors and the current
demonstrate support to the world, which federal criminal case, legal scholars have prosecution of Reb Shalom Mordechai.
will be carefully watching this trial,” said said. Prosecutors allege that Reb Shalom The two cases bear a number of
one of the members of the group that Mordechai violated a 2002 order by the similarities. A significant percentage
traveled to South Dakota. U.S. secretary of agriculture to pay cattle of the workforce in both companies
Reb Shalom Mordechai will face providers within 24 hours of a sale. The consisted of immigrants who were
163 charges in two trials which could charge stems from a 1921 law, the U.S. discovered to be in the country
effectively send him to prison for the rest Packers and Stockyards Act. The law illegally. Many of them were using
of his life - a shocking reality in a case requires “prompt payment” to protect fake social security numbers, as well
of the Federal government railroading a livestock producers, but has never been as fraudulent identification documents.

Perfidy in Iowa Page 53


The investigation in both cases was devastating impact on the immigrants under investigation.
carried out by ICE (Immigration themselves. Yet the government’s The prosecution has lined up many
Customs Enforcement), a branch of the relative leniency in the case, in contrast witnesses who they say fall into this
Department of Homeland Security, in to the extreme harshness meted out in category. Jailed at the time of the raid,
conjunction with the FBI. Postville, and the rush to prosecute Reb these individuals earned credit toward a U
Here is where the similarities end. Shalom Mordechai Rubashkin, suggests visa by giving testimony about allegedly
In the case of AgriProcessors, ICE’s an excessive zeal driving the prosecution “unsafe work conditions” and other
sensational raid corralled nearly 400 in the latter case. infractions of the law at AgriProcessors.
illegal immigrants, most of whom The 91-count indictment itself seems Other witnesses for the prosecution,
were jailed and subsequently deported. pumped up. Revised an unprecedented who are anxious to join their deported
The government’s weighty indictment number of times, it contains a host of families but are being held in the country
against the meat-packing plant and its charges stemming from the Packers and pending the Rubashkin trial, have been
owners led to the company’s collapse Stockyard Act, an outmoded law that led to expect permission to leave the
and bankruptcy. mandates jail time and stiff penalties for country as a reward for their cooperation.
SHOCK AND AWE? company officials who fail to punctually The Rubashkin defense team has
In view of the spectacular operation pay cattle breeders for livestock. asked the court to bar the testimony of
against AgriProcessors, with hundreds The defense team notes in court all witnesses whose lives and future hang
of ICE and FBI officers, backed up by papers that, as mentioned above, the law uncertainly on the amount of cooperation
helicopters, descending on the plant and has never been invoked or enforced; for they give the prosecution. “The pressure
handcuffing and shackling hundreds of all intents and purposes, it is irrelevant. to tell the prosecution’s version of the
employees, one might have expected a Yet, that hasn’t stopped prosecutors from truth” is too powerful to resist, the
similar show of “shock and awe” in the digging it up to use in the indictment attorneys pointed out.
American Apparel case. against the defendant. In addition, fear of the legal
Yet nothing of the sort happened. The Other indications of an overzealous consequences of deviating from
government limited itself to an audit, prosecution emerged after numerous statements they gave to the grand jury
carried out quietly and respectfully. charges were dropped from the has the effect of virtually “locking in”
American Apparel’s management was indictment when it became apparent that witness testimony - even under expert
notified of the results, namely, that 1,800 they wouldn’t stick. In the most striking cross-examination.
hundred employees were undocumented case, all charges related to identify theft ICE WON’T
immigrants, ineligible for employment have been dropped, following a Supreme
Court ruling that the charges were DIVULGE DOCUMENTS
in the United States. Despite media Perhaps the most troubling of all the
predictions of arrests, deportations or “misapplied.”
In addition, close to two hundred questions surrounding this case is the
indictments, no federal action against refusal on the part of ICE authorities to
the immigrants or their employers took charges of employing underage workers
were recently dropped, after Reb Shalom release information regarding the 2008
place. raid on AgriProcessors, in response to
Even dire warnings that the company Mordechai’s attorneys produced evidence
that the so-called “minors” were actually defense attorneys’ repeated requests.
would be hit with massive penalties The refusal constitutes non-compliance
turned out to be false. eighteen years of age or older.
with the Freedom of Information Act
The Associated Press reported that WITNESSES WITH A (FOIA).
Peter Schey, an attorney working with HISTORY OF LYING Reb Shalom Mordechai has sued
American Apparel on the audit, “said The prosecution’s insistence on ICE in an effort to gain access to the
the results showed no wrongdoing by using witnesses with a history of lying documents deemed crucial to his case.
the clothing manufacturer. He said the to officials invites scrutiny, as well. The lawsuit notes that he first filed a
government initially said it intended These include illegal immigrants who FOIA request in February. After three
to impose a fine, but withdrew after admittedly lied to get into the country follow-up letters in July and August by
correspondence with the company.” and lied again to obtain jobs; their history Reb Shalom Mordechai’s attorney, ICE
That correspondence included the of lying and doctoring the facts should still hasn’t complied with the request
company’s assurance that it had no disqualify them from testifying in court, for documents on why the raid was
knowledge of fraudulent documentation defense attorneys argued. conducted, who or what prompted it, and
in connection with any of their employees. Damaging their credibility even “any and all information related to it.”
Company spokesmen also noted that further are the circumstances in which What lies behind the stone-walling
there was no way to ascertain whether many of these individuals were recruited on the part of ICE? Is it the result of
the identification presented by workers as prosecution witnesses. These bureaucratic error or something more
in their applications was authentic. circumstances include having powerful sinister?
American Apparel immediately incentives, such as U visas, dangled “Shalom Rubashkin is entitled to a
pledged to terminate the employment before them. fair trial. That‘s his constitutional right,”
of the 1,800 workers deemed The U visa is a means of obtaining the attorney Cook stressed in court during a
“unauthorized” or of “uncertain status.” much-coveted “Green Card.” It is granted pre-trial hearing. But in a case so stained
Those measures seem to have satisfied to immigrants as a means of encouraging with unfairness and inequity, in which a
the government. them to cooperate in the investigation or government agency appears to flout the
RUSH TO PROSECUTE prosecution of a crime, without fear of FOIA with impunity, one can only hope
The dismissal of so many hundreds being deported once their illegal status is that “a fair trial” and “constitutional
of workers was undoubtedly a blow to discovered. The immigrant must qualify rights” have not been rendered empty
the clothing company, not to mention its as having been victimized by the crime clichés.

Page 54 Perfidy in Iowa


October 23, 2009

Rubashkin On Trial
Week One

BY AVI YISHAI AND STAFF REPORTERS

The following is a brief roundup of the questions, and then the defense asked A buss full of Yidden from New York
Rubashkin trial which is being held in questions. Basically, they were trying to travelled to Sioux Falls for the opening of
Sioux Falls, South Dakota. The report is find people who would say things that the trial to express public support to Shalom
based on information from a reporter for would disqualify them. Then they had the Mordechai and give him chizuk. Others
Matzav.com covering the trial at the US veto phase during which the jurors went also arrived.
District Court on S. Phillips Avenue off of out of the room, and the defense got to “The court was filled with family, press
West 12th Street in Sioux Falls. veto two while the prosecution got to veto and others,” the Matzav.com reporter
The trial is being held in Sioux Falls two, and then the defense got to veto two shared. “About three or four dozen people
after the federal judge in Iowa, U.S. again while the prosecution got to veto watched the jury selection on a screen in
District Judge Linda Reade, became two, etc. the spillover room in the courthouse.
convinced that the Iowa jury pool had ”Note that these were regular people “We ended at about ten minutes to 5
been tainted by media coverage of the who got letters in the mail stating that with the jury selection. The jurors were
case. they are up for jury duty. Most of them called back into courtroom and the
The trial is expected to last four to probably did not know what kind of case judge swore them in as a jury. She also
six weeks. Reb Shalom Mordechai they might be called for upon arriving at instructed them about who they are and
Rubashkin faces 1995 years in jail if the court to fulfill their civic duty. aren’t permitted to talk to during the
found guilty of the charges he is facing. “Judge Linda Reade first asked if duration of the case. The judge said she
They will be brought in two trials. The anyone has any personal hardships that wouldn’t be quarantining or sequestering
first will consist of 91 charges relating to would excuse them from the case. She them, but that all communication has to
bank fraud. The second trial will focus on then asked if they had read any media be guarded and no info about the case
72 immigration-related charges and will coverage leading up to the case. Four may be heard, read or discussed with
begin one week after the first trial ends. people were allowed to go due to personal others. The jurists will spend their days,
Before being placed under a gag order hardship and one or two due to media 9 a.m. to 5 p.m., in court.”
by the judge, Getzel Rubashkin, Reb exposure. The judge ended up taking at Assistant U.S. Attorney C.J. Williams
Shalom Mordechai’s son, spoke about his least one person aside after he said that has named about 80 witnesses that
father’s matzav ruach. he had read about the case. They didn’t prosecutors might call for their case.
“My father’s bitachon is nothing less want the rest of the jurors to hear about Following the long and tiring day last
than remarkable,” Getzel said, adding what this person had read, so they pulled Tuesday, the group of frum people went
that the continued chizuk provided by him out with the lawyers and the judge back to their hotel, The Country Inn,
the response to the Yated campaign to and this person went to a side room and where they davened Minchah in the
help pay the legal bills is so very much spoke about what he had read. conference room and then ate supper.
appreciated by his father and their family. The Matzav.com reporter continued: A minyan for Maariv was held and the
The following was related by the “Most noticeable to me was that group farbrenged together in honor of
Matzav.com reporter regarding the first Attorney Cook was looking for who the yahrtzeit of Rav Levi Yitzchok of
day of the trial last Tuesday: these people are and what they are about. Berditchov, with Shalom Mordechai,
“In the process of jury selection, the He asked less pointed questions - but who inspired them with his positivity
defense knocked off 11 witnesses and questions whose answers he obviously and simcha.
the prosecution 7. The final result was felt would speak volumes about the “This man is so unique and inspiring,”
a selection of 12 jurors and 4 alternates. person. For example, to one potential said the Matzav.com reporter. “I cannot
The Rubashkin team was satisfied. juror he asked: When you purchase a put it into words what an adam choshuv
“It was a full day affair, from about car, do you make a snap decision or do this is. You have to meet him to see what a
9 a.m. until close to 5 p.m. The judge you deliberate and take your time before special individual Reb Shalom Mordechai
got the first shot at asking questions of buying? Cook was analytical, asking Rubashkin is. He is a true maamin in the
the potential jurors. The judge asked questions to determine the emotional and One Above.”
questions, then the prosecution asked compassionate levels of the people.” The group arose early Tuesday

Perfidy in Iowa Page 55


morning, at about 6:30 a.m., for items, in malls and elsewhere, depicting asked him to come and join the business,
Shacharis at 7 a.m. Shalom Mordechai Santa Claus. They believed Santa Claus which he did to satisfy his father’s
then headed right to the courthouse to be was real - and why shouldn’t they? The request.”
there by about 8 a.m. proof that he exists was wherever they “Cook said in court that Shalom
“The judge seemed fair and balanced,” looked. But then, said Cook, when they Mordechai was ‘a kid from Brooklyn,’
the Matzav reporter said. “She made sure became adults, they learned the other side with no business experience.
that Shalom Mordechai’s wife, Leah, had of the story - the reality, the truth. There “The company had been headed
a seat in the courtroom. She runs a tight is no such person as Santa Claus - despite by Donald Hunt, the plant manager,
courtroom, however. She banned all cell all the ‘evidence’ they heard and saw in who truly ran the company. When
phones in the courtroom. According to their youth. Hunt died in the late 1990s, Hunt’s
the rules of her court, all cell phones are “Continuing on this theme on various responsibilities were spread to
collected, marked with a person’s name, Wednesday, Cook told the jury that employees of the company, including
and later returned after exit from the even though for weeks they will Shalom Mordechai.
courtroom. There are no exceptions and hear things from the prosecution, “There were various people in the
the rule is strictly enforced.” which will create images and impressions, organization chart above or on the same
there will come a time - if they can level as Shalom Mordechai, but the
DAY 2 - WEDNESDAY maintain an open mind - when the rest government, in their case, posits that
Opening statements were given
of the story will be related. Think about Shalom Mordechai was the head and
on Wednesday as prosecutors began
the Santa Claus analogy, he said. Not the brains behind anything going on at
presenting their case.
always do you have the facts in front of the company. They are trying to paint a
Lead Rubashkin attorney Guy Cook
you, as convincing as the evidence may black picture and pinning it on Shalom
is cautiously confident that the truth will
sound now. The facts often emerge later, Mordechai.
emerge about the allegations, and that
and that is what will take place here in the “The defense explained that Agri was a
the jurors will see the half truths and the very successful business for 20 years,
misrepresentations of the prosecution. doing $350 million in sales at its height,
Cook told the court that Shalom spreading kosher meat throughout the
Mordechai is an “honest family man” U.S. to places that had never had kosher
who was in over his head in a complex meat. Cook characterized Agriprocessors
business. Shalom Mordechai was trained as a ‘true American success story’ that
as a rabbi, not a businessman, said contributed to charity and helped boost
Cook, and any alleged “sloppy” business Postville’s economy.
practices that might have occurred - it “Cook told the court that Shalom
has yet to be proven by the prosecutors - Mordechai and his family are solid
don’t amount to crimes. citizens - and that this isn’t his opinion;
In May 2008, federal immigration it’s the opinion of the governor of
officers raided the Agri plant in Iowa and the mayor of Postville who
unprecedented and unparalleled fashion have vouched for Shalom Mordechai’s
and arrested nearly 400 undocumented honesty and integrity.”
workers. In October 2008, Shalom Prosecutors allege that Shalom
Mordechai was arrested and charged with Mordechai violated a 2002 order by the
conspiracy to harbor illegal aliens and U.S. secretary of agriculture to pay cattle
other crimes. providers within 24 hours of a sale. The
Assistant U.S. Attorney Charles J. charge stems from a 1921 law, the U.S.
Williams showed photos and slides to the Packers and Stockyards Act. The law
court as he unveiled the government’s requires “prompt payment” to protect
case. He contended that Shalom Rubashkin case, he said. livestock producers. Two scholars who
Mordechai “repeatedly lied” to his lender “‘The story you heard [from the studied the law said they had never seen
about his company’s financial health and government] is not fully accurate,’ Cook it invoked in a criminal case.
“reassured the bank that Agriprocessors said. They ‘used charged words…for a “This is the first time in my life that
was in full compliance with the law.” purpose: to shock and awe you, to divert I’ve heard of that,” said Chris Kelley,
Attorney Cook, in his remarks you from the truth.’ a University of Arkansas law school
on Wednesday, told the jury that the “Guy shared with the audience the professor was quoted as saying in the
prosecution’s goal is to shock and history of Postville and told the jury his media.
awe, and that the other side of the contention of the position that Shalom The Matzav.com reporter commented
story, the defense, will be heard after Mordechai occupied at Agri, unlike what on the defense team’s response to this
the prosecution completes presenting the prosecution claims. The company, he charge:
their case. said, was founded by Shalom Mordechai’s “Attorney Cook addressed this charge
The Matzav.com reporter shared some father, Aaron Rubashkin, in rural Postville by stating that the livestock producers,
details of what Cook related to the court: in the late 1980s. The elder Rubashkin, a to this day, have a positive opinion of
“Mr. Cook, on Tuesday, shared with kosher butcher who had emigrated from Shalom Mordechai and have said that his
the jury a parable to make his point. Russia, saw opportunity in restarting a ‘word is gold.’
He said that all the jurors have heard of shuttered plant near a plentiful supply “Agri always paid fair money and
Santa Claus. As children, they grew up of cattle and was massively successful the cattle people were happy with
believing in Santa Claus. They would go before Shalom Mordechai ever came on the arrangement. The government
out as children and see pictures and other board. Then Shalom Mordechai’s father is trying to enforce a law that has

Page 56 Perfidy in Iowa


never been evoked and that has not continue lending money for its own DAY 4 - MONDAY
been called into question by the benefit. There was no misrepresentation On Monday, several Agriprocessors
cattle producers.” of any kind on the part of Agri. clients testified. These included several
The prosecution shared the Prosecutors called to the stand three sellers of kosher meat who regularly
government’s claim that Shalom witnesses who testified that about $10 bought from Agriprocessors. The
Mordechai “engineered a scheme that million in invoices were not connected prosecution focused their efforts on
illegally diverted millions of dollars to any shipments made from the plant. trying to prove that invoices from
in customer payments away from First Angela Smith, a computer consultant, Agriprocessors were falsified and used
Bank Business Capital Inc., a subsidiary was called to the stand. to defraud the bank. The goal of the
of St. Louis-based First Bank, which had Cook cross-examined Smith and she prosecution was to show that the clients
issued him a $35 million revolving line admitted that she had never even met Reb were unaware that Agriprocessors had
of credit.” Shalom Mordechai and that the last time attached their business names to fictitious
Attorney Cook explained in court that she spoke with him was some 7 years debts. Some invoices, for example,
the bank was aware of the situation and ago. It was not a very impressive showing stated that these companies owed
were satisfied with their arrangement on the part of the prosecution. money to Agriprocessors, but supporting
with Agri. The company had taken out Two other people testified as well. documentation showing that a delivery
a $28 million revolving loan with First Mark Ross and Alan Rice were both was in fact made, said the prosecution,
Bank Business Capital in 1998. The loan part of the trustee group which ran could not be provided. The prosecution
grew to $35 million, and the company the company after its bankruptcy. The claimed that Agri borrowed money based
could borrow against it daily. After the prosecution tried to get these witnesses on these invoices, which showed that
immigration raid, Agriprocessors faltered to state that they had found discrepancies, certain monies were set to come in to its
financially, and the bank called the loan. but during cross examinations, the coffers from these clients.
The company later declared bankruptcy. men displayed a lack of knowledge of One of the sellers was the owner
The Matzav.com reporter related: many things about the company and of a Crown Heights store. He testified
“The bank had been profiting from the the business. that he has a good relationship with the
interest payments, which they always Rice also admitted that some of Rubashkin family, whom he has known
received. Never was a payment missed. his info had been given to him by for close to 30 years and is related to. He
It was clearly a risky loan in the first Mitch Meltzer, a former employee of testified that Shalom Mordechai was very
place, because kosher meat is a volatile the company who is trying to get a gracious to him and extended his credit
and unpredictable business with a limited reduced sentence by portraying Shalom line with the company when necessary
profit margin. But banks always make Mordechai as being guilty of all sorts to enable him to receive more meat as
risky loans in order to make a profit, and of things. Rice thus admitted that the
the bank made the loan because they had needed for his business, even if he wasn’t
key information was supplied by Mitch, able to lay out the money at the time. In
a lot to gain. To claim that Agri tricked who has much incentive to be inexact in
the bank is false, said Cook in court, as exchange, he said he loaned money to
his recollection. Agri when asked.
the bank was happy with the arrangement, As the trial recessed for the weekend,
and in fact, if not for the May 2008 raid, Shalom Mordechai and his family “were
an observer told us that “the prevailing very nice to me,” the witness said. “I pushed
would have doubled their money! The feeling here is bitachon. Bitachon
bank was more than happy to advance for a bigger credit line, and they did it
that everything will turn out right. for me.”
money to Agri because the Rubashkins Reb Shalom Mordechai, besides
always made their loan payments.. Defense attorney Guy Cook asked him
for being a remarkable person, is a if he was related to the Rubashkins and he
“Mr. Cook told the court that to walking mussar sefer in bitachon. It is
this very day, the bank, First Bank replied: “Yes. And I’m proud of it.”
truly unbelievable.” The owner of the Glatt Western
Business Capital, on its website, lists
Agriprocessors as one of its successes! DAY 3 - THURSDAY Kosher in Los Angeles testified that
So, apparently, it is fair to assume, he On the third day of trial, a former Agriprocessors was disorganized and
said, that the bank did not have a problem employee at Agriprocessors, Verla often did not ship all of the meat he
with their arrangement with Agri. O’Shaughnessy, testified that Shalom had ordered. Observers felt that this
“The government alleged that Mordechai appeared nervous and “very testimony was favorable to the defense
Agriprocessors made false statements to hyper” the morning that he was arrested for it demonstrated that due to the massive
the bank by assuring officials that they on immigration charges. O’Shaughnessy growth of the company, orders were
were in compliance with federal law. was among several customer service sometimes delayed or mistakenly not sent
Rather, Mr. Williams said, Agri violated employees who testified that day. out as planned. The witness testified that
the federal Packers and Stockyards Act During cross examination of several he only paid for meat he had received.
by failing to promptly pay cattle suppliers witnesses, however, it emerged that the “Occasional disorganization is not a
and by employing illegal aliens. witnesses who had claimed that Shalom crime,” explained the observer, “and with
“Attorney Cook addressed this in open Mordechai displayed nervousness had the expansion of the company, orders
court and stated that First Bank Business actually only met him a couple of times were sometimes going out faster than the
Capital, even after the allegations were before. computer system could handle. It was
raised - and even after the May 2008 raid “Since they really never met him, and revealed that even when the computer
- continued to lend money to Agri, so to didn’t truly know him or his personality, system crashed, the company continued
claim noncompliance and to claim that the they were forced to admit that they to provide customers with meat, not
bank was lied to is simply not true. The really didn’t have anything to go by in allowing a disruption in service. Thus, a
bank was aware of the company makeup Assessing his demeanor and in reaching lack of invoices would not show any sort
and how it was being run, but chose to their assertions,” an observer related. of fraud of any type as the prosecution

Perfidy in Iowa Page 57


averred. It was simply the reality of the Shalom Mordechai. Some of them said prosecution was expected to bring to the
way they did business.” that they did not deal with Reb Shalom witness stand representatives of various
The L.A. witness testified that the plant Mordechai, who was not directly banks. However, due to travel delays, the
supplied about 95 percent of his meat involved in sales. The prosecution witnesses had not arrived. At that point, a
before filing for bankruptcy. He said his once again attempted to show that less-than-pleased Judge Reade called for
company caters events throughout Los there were financial transactions that the court to adjourn. Thus, court ended at
Angeles, and supplied Agriprocessors require explanations and have not been 4:15 p.m., rather than at 5 p.m.
meat for various events as well as for documented properly. A TEST OF CHARACTER
renowned chef Wolfgang Puck. The defense explained that this is Monday evening, following another
The trusting bond was so strong that not the case. During testimony of the grueling day in court, Shalom Mordechai
when the plant struggled, the man said he company reps, it was stated by one set out to share words of chizuk and Torah
sent advance payments totaling roughly witness that their company actually with Jews who he had found out work in
$700,000 - including $500,000 taken advanced $100,000 to Agri for hides that Sioux Falls, selling various and sundry
from a mortgage on his home - with no would be provided in the future. items at the local mall.
written agreement. “The received credit, so to speak,” At the same time that Shalom
The Matzav.com reporter related: said the Matzav.com reporter. “The Mordechai is facing judgment which
“The prosecution had a bunch of prosecution would like the court to could lead to 1995 years in jail, his
invoices that they claimed doesn’t have believe that this money was unaccounted bitachon in the Ribono Shel Olam is so
supporting documentation but claims that for.” fierce that his mind is constantly seeking
companies owed money. The prosecution Also, while prosecutors are trying to foster kevod Shomayim. As soon as he
was going through the documents with the to pin blame for supposed inaccuracies heard of an opportunity to be marchiv the
former Agri clients trying to demonstrate on Shalom Mordechai, some of these gevulos hakedushah, he jumped at it and
their false nature. In one case, however, representatives said they never even dealt spent his evening speaking with them. He
a client identified an invoice and said with Shalom Mordechai, but rather with is a man who is genuinely devoted to his
that he recalled it and that it was 100% Toby (Yom Tov) Bensasoon, who worked Creator. Where do you find such people?
authentic. This threw a wrench into the for Agri. So suffused with love of Hashem and
prosecution’s argument that it was all “Toby had previously pleaded guilty trust in His judgment, Shalom Mordechai
fabricated. and his testimony is being used by the immediately seized the opportunity to
“During one of the cross examinations, prosecution against Shalom Mordechai, express his brotherly love to these secular
there was an interesting incident as the or at least they are trying to do so,” said the Jews, much the same as he serves as a
witness seemed to be receiving tips from Matzav.com reporter. mashpiah of sorts to the bochurim of Rav
an acquaintance of his who was sitting “It is important to remember that these Gurkov’s yeshiva back in Postville. It was
in the audience. The audience member days and weeks are the prosecution’s time amazing to observe.
seemed to be coaching the witness as to to throw all types of charges and claims - Some have wondered about the
what to say. The witness, following the as lacking in truth as they may be - as they Yated’s continuous campaign on behalf
initial questioning by the prosecution, can. This is their time. The defense will of Shalom Mordechai. Others question
seemed to get flustered while delivering get its chance down the road. However,” why the Yated has gone all-out to assist
his rehearsed testimony. The witness the reporter added, “the prosecution has this man and make his case heard. If only
requested a break, which was granted by clearly seen some disappointment over all readers of these words could observe
Judge Reade, who said she was not happy the first few days of court with witnesses Shalom Mordechai’s actions and conduct
with the coaching taking place by the either admitting a lack of knowledge about in person, and observe this individual
audience member. Shalom Mordechai or expressing their whose behavior is lemaalah min hatevah,
“In fact, later,” shared the Matzav.com respect and good relationship with him.” it would all become clear.
reporter, “Attorney Cook worked this On Monday, as the afternoon rolled All are asked to continue davening for
into a question to the witness, asking, ‘So along and the clock passed 4 p.m., the Shalom Mordechai Halevi ben Rivkah.
is that what your lawyer was signaling
to you?’ The prosecution immediately
objected to this statement by the defense,
which insinuated that the audience
member had been providing info for
the witness to relate on the stand. But
the judge overturned the objection,
stating that what the defense had said
was simply the truth: the witness was
receiving coaching on what to say.’”
Other witnesses on Monday
represented hide and rendering
companies. Rendering is a process that
converts waste animal tissue into stable,
value-added materials. Rendering refers
to any processing of animal byproducts,
such as fatty tissue or bones, into more
useful materials.
Some of the representatives from
these companies spoke highly of Reb

Page 58 Perfidy in Iowa


October 30, 2009

An Exhilarating Shabbos
in Sioux Falls
Rubashkin Court Case Continues Following First-Ever Shabbaton in South Dakota

BY AVI YISHAI

It was a unique exchange between a Thursday, another ‘first’ was about to take a groundbreaking achievement to be able to
reporter covering the Rubashkin trial place. This ‘first’ - an infusion of Torah and hold a Shabbaton in Sioux Falls.
and one of the frum Yidden present to Yiddishkeit in the spiritual desert that is “We had Jews coming out of the
provide chizuk to Reb Shalom Mordechai Sioux Falls - was initiated by one man, Reb woodworks. They found out about the
Rubashkin. Shalom Mordechai Rubashkin. Shabbos and were drawn. This was the first
The prosecutors alleged that Shalom Facing 1995 years in jail if found guilty breath of Shabbos for these people,” he
Mordechai violated a 2002 order by the of the charges he is facing, Reb Shalom said.
U.S. secretary of agriculture to pay cattle Mordechai remains strong, putting his “From Erev Shabbos to Motzoei Shabbos,
providers within 24 hours of a sale. The faith in the One Above that the truth will there were minyanim. We brought food
charge stems from a 1921 law, the U.S. ultimately emerge in several weeks after the from the Twin Cities and the Rubashkins
Packers and Stockyards Act. The law prosecution rests its case and his defense cooked food. There was nothing lacking.
requires “prompt payment” to protect team can properly present their side of “Reb Shalom Mordechai shared divrei
livestock producers. the story. With his emunah and bitachon Torah and maasos with the attendees, as
As reported here last week, scholars who strong, Reb Shalom Mordechai focused I did. These Jews drank up his words of
studied the law said they had never seen his energies on bringing Yiddishkeit to Torah. The singing was inspiring. The
it invoked in a criminal case. “This is the Jews in South Dakota who never before atmosphere was pure and freilach.
first time in my life that I’ve heard of that,” experienced the bliss of Torah and the “It certainly buoyed Reb Shalom
Chris Kelley, a University of Arkansas law warmth of Shabbos. Mordechai and his family to have such a
school professor, was quoted as saying in “THEY DRANK HIS Shabbos taking place at the site of where
the media. WORDS OF TORAH” the mishpat (judgment) is taking place. It
Rubashkin Attorney Guy Cook stated Rabbi Moshe Feller, head of the was an unprecedented experience.”
that the livestock producers, to this day, have northwest region of Chabad-Lubavitch, Several Yidden who were passing
a positive opinion of Shalom Mordechai has known Reb Shalom Mordechai and through South Dakota, including a couple
and have said that his “word is gold.” Agri the Rubashkin family for many years from Eretz Yisroel and a Jew from Texas,
always paid fair money and the cattle people and traveled to Sioux Falls to take part in joined as well.
were happy with the arrangement. But the leading the Shabbaton at the local hotel The meals and minyanim were held at
government’s prosecutors continued their there. the conference room of the hotel where the
attempt to apply a law that has never been “Shalom Mordechai called me and said, Rubashkins are staying in Sioux Falls for
evoked and that has not been called into ‘Let’s make a Shabbaton,” Rabbi Feller the duration of the trial.
question by the cattle producers. told the Yated this week. “It turned out to “Chavrah chavrah is lei,” said Rabbi
Cook tried to make this point in court, be an unprecedented experience.” Feller. “We look at this experience as the
stating that this law hasn’t been enforced Rabbi Feller made the four-drive with beginning of mitzvah activity in Sioux
for as long as anyone can remember. The his son, R’ Levi Yitzchok. Falls. It was like the chanukas habayis
presiding judge, U.S. District Judge Linda “Reb Shalom Mordechai is a Tehillim of Yiddishkeit in the city - the first Torah
Reade, however, would not allow Cook to Yid,” commented Rabbi Feller. “For retreat in that part of the country.
make this point to the jury, objecting his years, he’s been completing Tehillim every “Simcha poretz geder - happiness breaks
contention. day. Deep in the recesses of his neshama, barriers, as we saw on Shabbos. Indeed, we
“This is a first,” the news reporter there must be fear of the 91 indictments pray and hope that the geder facing Reb
commented, stating that he had never seen he is facing, but chasdei Hashem ki lo Shalom Mordechai will be breached and he
a judge reject a statement of that sort in a samnu. The Shofet Kol Haaretz is in that should merit a yeshuah,” Rabbi Feller told
case. courtroom,” said Rabbi Feller. the Yated.
It was a first, indeed, but just one of Rabbi Feller told the Yated that Lubavitch Rabbi Feller was born and raised in
many firsts surrounding the Federal court has representatives in every state in the Minneapolis. His father, who arrived there
case in Sioux Falls, South Dakota. As the country except for three - South Dakota, before World War I, sold cars in St. Paul
trial concluded its second week this past North Dakota and Mississippi. It was thus and raised a shomer Shabbos family.

Perfidy in Iowa Page 59


Rabbi Feller attended the Minneapolis store in Boro Park, Brooklyn. Through lawyers had to be hired in order to cover
Talmud Torah and later went to Yeshiva his hard work and determination, coupled every aspect in the proper fashion. This
Torah Vodaas, which he attended for 6 with his tzedakah and community activity, naturally generated huge legal fees for
years. He received semicha in Lubavitch Mr. Rubashkin realized the importance various members of the family and for the
and, in 1962, together with his wife Mindy, and the need for a full-time shechitah to corporate entity.
moved back to his place of birth and began provide glatt kosher meat for the New York “The issue of the charges became very
sharing the beauty of Yiddishkeit. He helped Metropolitan area and other areas around clouded. There were those who claimed that
establish a cheder, yeshiva, and other parts the world. the government had chosen the Rubashkin
of the frum infrastructure in Minnesota, He eventually came to the understanding plant because of the pressure that they were
and he shares a warm relationship with the that the best way this can be accomplished is under from PETA. Others said that there
other rabbonim and leaders in Minnesota. by the establishment of a frum, Chassidishe was pressure from unions. There were
“In Teves, it’ll be 48 years since we community in close proximity to the those who were sure that, subconsciously,
arrived here. In all the years, I never meat-packing plant which would provide there was an anti-Semitic aspect involved
experienced what I did this past Shabbos,” a home and community for the shochtim, in the case.
he said. mashgichim, families, yeshivos, mikva’os, “Many meat-packing factories in
The Rubashkins, when they first etc. All of that would be necessary to America have been raided by immigration
established their slaughterhouse in make such a plant operate efficiently and officials. Usually, the undocumented
Postville, resided in St. Paul, because there properly. workers were taken away and the plant
was no Jewish infrastructure in Iowa. As “And so, about 22 years ago, Mr. continued to function. No criminal charges
shochtim began to move to Postville, the Aaron Rubashkin and members of his have ever been brought against the
Rubashkins moved there and began to build family took over a defunct meat packing operators of those plants, because it was
the kehillah. plant near Postville and began the historic obvious that the undocumented workers
“The Twin Cities are 175 miles - about development, growth and expansion of had obtained false papers on their own
a three-hour drive - from Postville,” says Agriprocessors which was to become the and had presented themselves as properly
Rabbi Feller. “They settled in St. Paul for largest kosher meat producer in America. documented workers in the United States,
the chinuch of their children, despite the “Shalom Mordechai Rubashkin, who which was exactly the same case with
long commute.” was then studying in yeshiva, wanted very Agriprocessors.
Once Postville had a chance to grow, the much to become a shliach within the Chabad “As I write these words, I am sitting in
Rubashkins moved there. shlichus movement and in fact served for a the Federal courthouse in Sioux Falls, In
“The Rubashkins built the town. What while in an out-of-town position. He was fact, I am sitting near the reporter from the
they created was an ihr v’eim b’Yisroel,” approached by his father who urged him to Wall Street Journal who spent two full days
says Rabbi Feller. “It therefore pains the join together with several of his brothers to in Sioux Falls following the case.
heart to see, r”l, what the government has work in the plant in Postville. “The busload of young men who came
done to that city. What a beautiful thing “Shalom Mordechai took this upon from New York to show their support for
Postville was! And now…it is painful to himself as a form of shlichus and moved to the Rubashkin family settled in a very
see what has happened.” Postville where he became involved in the respectful and honorable fashion. The
The prior week, Rabbi Feller took a flight operation of the plant. He held the position courtroom that was assigned to Judge
to South Dakota to be in the courtroom at of vice president, when the government Reade by the Federal courthouse only had
the commencement of the trial to give cracked down on the immigration issues three benches for spectators, since the main
chizuk to Reb Shalom Mordechai and his and then, later on, claimed there was courtrooms of that court had been reserved
family. a problem with a bank loan. Shalom for other cases that were being held. The
“It’s a chizuk when Yidden come,” he Mordechai was picked to be their korban judge provided an overflow courtroom for
says. “It means so much.” and faced multiple charges stemming from all of these visitors and guests.
Rabbi S. Binyomin Ginsberg, Dean a few alleged actions that the government “The citizens of Sioux Falls, South
of Torah Academy of Minneapolis, and claimed did not comply with standard Dakota, had a very fine impression of this
Rabbi Yechezkel Greenberg of Cong. Bais banking rules. group of young men who had come in
Yisroel in Minneapolis also made the trip “During the months immediately support of the Rubashkin family.
to Sioux Falls to give chizuk to Reb Shalom following the immigration raid, the plant “To recap what has occurred so far
Mordechai, Rabbi Feller related. could not operate at full capacity and the in the case, last Tuesday was devoted to
“Reb Shalom Mordechai has been Rubashkins put all of their fortune together choosing the jury. Wednesday morning,
me’ached - he’s unified - Klal Yisroel. His to try to save the plant, investing millions of the trial began. After opening arguments,
case has brought together Yidden who are dollars of their personal wealth, mortgaging the prosecution presented several witnesses
standing by him and davening for him. The their homes, their properties, and selling who testified that certain documents had
frum communities are united. May Hashem whatever liquid assets they had in order to been prepared improperly in order to
help that the achdus should continue and be invest that money to save the company. cause the bank to lend more money to
a zechus for Reb Shalom Mordechai.” “They took large loans from their friends Agriprocessors. Of course, that in itself
Berel Jacobs, one of the Yidden from in order to put enough money together to raised a question, since there was no crime
Brooklyn who traveled to South Dakota, keep the plant running under the difficult involved. The bank felt that there was
shared some of his reflections on the circumstances. Then the point came when enough equity and enough security to be
Rubashkin family and the first week of the there was no choice and the company had able to lend more money to the company so
trial on the COL site: to file for bankruptcy. The family began that the company could operate.
“Mr. Aaron Rubashkin, a survivor of working with the lawyers to protect them “The funds that the company got went
the horrors of the Second World War and and to protect the interests of the company. primarily to cover the payroll of a thousand
Stalin’s Gulags, made his way to America “Because of the complicated aspects of workers. That payroll was a weekly one,
after the war and established a butcher the case, more than a half a dozen teams of and the company did not use this money

Page 60 Perfidy in Iowa


for any purposes other than paying their provided them with the opportunity to do actually continued to lend money to the
workers, paying their suppliers and making unbelievable acts of tzedakah. meat plant even after Federal agents
sure that the operation worked so that the “By the time the testimony ended on arrested one-third of its workers. First
animals would be shechted and the meat that first Thursday, it became evident that Bank Business Capital sent Agri four loan
would be produced and sent on to the while the government thought that they payments totaling $3.45 million after the
market. had a “slam dunk” case and would be able May 2008 immigration raid, according to
“During the two days of testimony to provide clear evidence to the jury that documents and testimony.
that first week, Wednesday and Thursday, certain things had been done improperly, it The testimony during week two of the
every witness that the government brought was clear that: trial touched on a central question for a
to the stand helped the government try to “- There was a big question as to whether South Dakota jury: Did anyone lie to First
make the case that certain documents were any crime had ever occurred. Bank, with fake sales records that cost the
allegedly not proper. However, when these “- It was possible that this was simply a bank millions when the plant defaulted?
witnesses were cross-examined by the case of inefficient operations in the internal Or did bank executives overlook sloppy
defense attorneys, it became clear to me offices of the Rubashkin plant. business practices and illegal workers at
that several of the points were very weak: “- There were still a lot of questions the plant because of the millions of dollars
“- It was clear that several of the that had to be answered before anyone collected from loan interest payments?
witnesses had ‘selective memories.’ They could come to any opinion as to what the Gary Pratte, a First Bank vice president,
could only remember those things which intentions of the plant operators really said borrowers such as Agriprocessors were
the government wanted them to say which were. routinely monitored by bank employees.
might throw some bad light on the activities “- The bank had been very happy with When pressed by Attorney Cook, he said
of the company. all of these facts. he had not reviewed the loan himself.
“- On the other hand, those actions, “Thus, clearly, the Rubashkin family’s “I have thousands of calls to make each
activities or events which would support promise was as good as gold, the day, and I can’t read every loan document,”
the defense of the company, somehow, Rubashkins’ credit was as good as gold, he said.
for some reason, these witnesses could and the bank was very happy to do business The payments were part of a $35 million
not remember. It was clear from the cross- with them. After all, the bank stood to make credit line extended to Agriprocessors.
examination that this selective memory hundreds of thousands of dollars on these “What we’re trying to do here is part
indicated that they were simply not telling loans and they were actually taking about of a defense that whatever occurred at
the truth. $100,000 a month on their loan. The bank Agriprocessors was not a crime,” Cook
“- Furthermore, it became clear that was very close to doubling its investment told Judge Reade during arguments when
the computer system that Agriprocessors with Agriprocessors. the jury was out of the room.
used was terribly faulty. Many times it “On the other hand, the defense Cook said the evidence “goes directly
would crash and remain offline for as long attorneys indicated that in 2008, the bank to the bank’s blind indifference, that it was
as 48 hours, during which time a lot of had lost $275 million in bad loans and in willing to take risks because (the loan) was
information had to be entered manually, the first 6 months of 2009 the bank lost highly lucrative. They were making a lot of
based on memory and numbers that were another $175 million in bad loans. None money off of this loan, and they were not
submitted by the different people who of those cases have ever come to any kind concerned with a lot of the details.”
worked in different parts of the plant, and of criminal case. Certainly, the Rubashkins
not on actual counts, etc. Thus, even those were being singled out here, for no good
Bensasson Takes the Stand
documents which the government claimed Yom Tov “Toby” Bensasson, the
reason, in a case of a loan which had gone
were created and did not represent actual former financial officer and head of Agri’s
bad, just as dozens of other loans had gone
sales clearly could have been created accounting department, claimed in court
bad with the bank. There was no reason for
improperly by the computer and improperly that Reb Shalom Mordechai oversaw a plot
Agriprocessors and the Rubashkin family
dated and improperly marked, since the to route profits into his company instead of
to be singled out for prosecution.
computer was actually making up dates the bank where money was supposed to go.
“So taking everything together by the
when it printed out various documents. Bensasson testified that Reb Shalom
end of the first week, the prosecution had
This was proved several times during the Mordechai believed that federal agents had
presented a very unclear picture of what it
testimony by certain documents which the bugged the meat plant and his phones.
was that they claimed the Rubashkins had
defense selected from the pile of documents Attorney Cook on Thursday asked
done wrong. Every one of their witnesses
that the government presented. Bensasson about the plea deal he struck
had been discredited, and the onus was still
“- Another point became very clear. with federal prosecutors in exchange for
upon the government to bring any proof of
Various witnesses made strong statements wrongdoing on the part of Agriprocessors his cooperation. Bensasson pleaded guilty
that Reb Shalom Mordechai is a good and the Rubashkin family.” to one fraud conspiracy charge in August,
man, that he always cared about the people and admitted this week that he falsified
working in the plant, and that the Rubashkin THE TRIAL company records to defraud First Bank.
family was known for their generosity Following the mei’ein Olam Habah “Good morning,” Cook said. “Sir, do
and their tzedakah. In their operations in experience this past Shabbos, Monday you want to go to prison?”
New York, at their restaurant, they did not brought the reality of Olam Hazeh back “Nobody wants to go to prison,”
charge poor people. The court was told of into focus, as the court case resumed. Bensasson said.
times when Reb Shalom Mordechai would The following are some highlights from “You nevertheless have convicted
call up clothing businesses and ask them to the last week and a half of the case: yourself” of the conspiracy charge, Cook
provide clothes for poor families and that Bank Continued to Lend said.
he would pay for it. The members of the As mentioned above in Berel Jacobs “Yes.”
Rubashkin family, in addition to running the reflections, the St. Louis bank that was “And you face a fine of as much as a
business, also made sure that their business allegedly defrauded by Agriprocessors quarter-million dollars, and restitution?”

Perfidy in Iowa Page 61


“Yes.” when you’re too good, you get stepped on.” financial officer Toby Bensasson called
“You pleaded guilty, convicting His response served a book-end to an “tootsies.”
yourself?” exchange which took place in the first Defense Attorney F. Montgomery Brown
“Yes, sir.” week of the trial. Darlis Hendry, a customer hammered away at Meltzer, painting him as
Bensasson testified at one point that service representative who worked at the a dishonest man who stole money from the
Reb Shalom Mordechai cashed in his own plant since 1999, testified that Reb Shalom company and lied on his résumé.
life insurance policy to keep the plant Mordechai requested her help writing sales When Meltzer said he cashed a few
operational. invoices for meat products she said he told checks as a favor to Reb Shalom Mordechai,
Bensasson said he agreed with Cook’s her he was selling on the side. She also Brown pounced.
description of Reb Shalom Mordechai as a stated that she saw Reb Shalom Mordechai “You kept the money,” he said.
“well-intentioned man.” give a white envelope to her friend and boss, “Absolutely not,” Meltzer responded.
Later, federal prosecutors raised the Judy. Her contention was that Reb Shalom “You fleeced the company, didn’t you?”
subject again. Mordechai was providing Judy with the Brown said.
“Mr. Cook asked you your opinion about information to create false invoices. Brown quizzed him on why his
whether he was a well-intentioned man,” Upon cross-examination, Attorney Cook personal internet page indicated he was
said Assistant U.S. Attorney Peter Deegan asked Darlis if she was aware that Judy’s Agriprocessors chief financial officer for
Jr. “Do you have any opinion about whether son had been killed shortly before this more than 12-1/2 years, even though he
he was a law-abiding man?” exchange. only held the title for less than a year, from
Cook objected. Judge Reade agreed. She replied no. November 2008 to March 2009.
Bensasson never answered. Judy’s son had been driving a vehicle Brown followed up by suggesting he
Prosecutors claimed that Reb Shalom that smashed into a hay-wagon and all five had a reputation for exaggeration in the
Mordechai directed a plant employee occupants of the car were killed. Judy was community, and prosecutors offered the
to write fake sales invoices, which he suffering and was facing possible legal last of many objections during the line of
then presented to First Bank to obtain action from the families of the other teens, questioning.
loan advances that went beyond what the since her son was driving the car. To top it “Let’s not argue during questioning; let’s
slaughterhouse could handle, but defense all off, Judy could not afford to pay for her move on,” Judge Reade said.
lawyers made clear that while business and child’s funeral. In her moment of pain, Judy Mr. Meltzer has thus far admitted to lying
record-keeping at Agriprocessors may have found a savior in Reb Shalom Mordechai, to the bank, to the grand jury testimony
been sloppy, absolutely nothing criminal who gave her money for the funeral and and to the FBI agent who interviewed him.
was done in the record-keeping of the later on paid for the headstone as well. That Even regarding his employment status, he
company. had been the surreptitious exchange Darlis first stated that he was not CFO of Agri,
Defense lawyers showed jurors an e-mail had witnessed. but responded, after being questioned
between the bank’s senior credit officer, When asked if she recalled any of this, about his personal internet page which
Phil Lykens and Bensasson. Lykens wrote Darlis told the court that she did not. states otherwise, that he was indeed CFO
Bensasson in the e-mail that he would try “Her selective memory was glaring,” for 5 months. Mr. Meltzer explained the
to raise the plant’s loan, and then added: said one court observer.” She seemed to statement on his internet page with the
“By the way, tell Shalom that I cooked only recall certain exchanges. Anything justification that he was looking for a job
two of his steaks last night and they were that explained the positive nature of Mr. and needed it for his résumé. Attorney
wonderful.” Rubashkin’s actions seemed to be nowhere Cook remarked that this may be the case,
Assistant U.S. Attorney Peter Deegan in her memory. Somehow she could not and it may be commonplace for people to
later questioned Pratte about steaks he had remember any information surrounding the falsify information to get a job, but he is
received. death of her friend’s son.” still a liar.
“Were they any good?” Deegan asked. Attorney Cook also related that Reb Government lawyers presented
Pratte shrugged. “We ate one, and my Shalom Mordechai assisted Judy after their first witness for charges that Agri
wife threw the other one away.” Darlis herself asked him if he could violated a 2002 federal order to pay
Bensasson: The Rubashkins provide financial assistance for Judy who cattle providers within 24 hours of a
Are Too Good was suffering from a severe illness that sale. As mentioned above, prosecutors
Government witnesses recalled Reb ultimately took her life. Shalom Mordechai used a 1921 law, the U.S. Packers and
Shalom Mordechai as a generous man. responded by helping financially and in Stockyards Act, for the charges and it is
In court, witnesses testified that Reb other ways. Darlis didn’t remember that the first time in U.S. history that criminal
Shalom Mordechai lent employees money either, until Attorney Cook refreshed her charges have been sought under the law.
and helped workers’ relatives find jobs. memory. The exchange in court concluded Adam Fast, a senior auditor in Des Moines
Another remembered when Reb Shalom with Darlis remarking that Shalom for the U.S. Department of Agriculture,
Mordechai threw a company party, invited Mordechai was a nice person and would claimed that Reb Shalom Mordechai
even the lowest assembly-line workers and have done the same for her. certified an annual report in 2002, the same
water-skied on the Mississippi River. Mitch Meltzer year Agriprocessors allegedly failed to pay
At one point, Bensasson testified about Mr. Mitchell Meltzer was a chief for livestock in a timely manner. On cross-
his earlier statements to a federal grand financial officer at Agri when he was fired examination, however, Attorney Cook said
jury. in March 2009. He testified that he and four that Reb Shalom Mordechai’s name did not
“You told the grand jury that one mistake other employees received at least some of appear anywhere in the complaint and, in
Shalom made was, he was too good,” Cook their salaries in cash to avoid taxes. a consent agreement resolving the case,
said. Meltzer said he also shifted expenses Agriprocessors did not admit to any of
“That’s the thing about the Rubashkins,” around to conceal purchases from the bank the allegations, but merely recognized the
Bensasson replied. “They don’t realize that, and created false invoices he and former government’s right to give such an order.

Page 62 Perfidy in Iowa


October 30, 2009

Yemei Hadin

BY RABBI S. BINYOMIN GINSBERG


DEAN, TORAH ACADEMY,
MINNEAPOLIS, MINNESOTA

The purpose of my articles is always Hashem, I want to stay away from that I came to give Shalom Mordechai
to share some insight and hopefully topic. Instead, I would like to focus some chizuk, I left with much more
offer some direction in the way we on some thoughts that went through than I came with. I remember Shalom
raise our children. While I intend to my mind as I sat in Courtroom II in Mordechai from my days growing up in
do that here as well, I must first share the Federal courthouse in Sioux Falls, New York and I have had some limited
some details about an experience I South Dakota. contact with him over the past ten
recently had as the background for the South Dakota borders the state of years as a recipient of his generosity.
lessons to be learned. Minnesota, where I live. I recently He supported our school because that
Anyone reading the Yated over made the four-hour drive (in each is what he did and it represents who he
the past few months knows about direction) to attend the trial. I didn’t go is.
the challenges facing the Rubashkin as a witness, nor because I am a family I arrived at the courthouse at 12:15
family, and specifically the current member of the defendant, nor because p.m. and Shalom Mordechai was
Federal trial of Reb Shalom Mordechai South Dakota was one of the few states standing outside, getting some fresh
Rubashkin. While there is much to I had not yet visited. I didn’t go because air as the court took a break for lunch.
be said about the reasons for the I wanted to witness a miscarriage of I can’t describe the simcha that he
justice and I didn’t go because I had displayed when he saw us and the
horrible misapplication of justice and
nothing better to do. general calm that he felt. I heard reports
all the reasons why it is difficult to
Instead, I went because Shalom of his unreal emunah and bitachon in
understand why Shalom Mordechai
Mordechai, being a fellow Yid, is my the Ribono Shel Olam, but to see it in
must experience these tests from
relative. I went because I real life was very different.
wanted to create a kiddush I want to share with you my private
Hashem. I went because I thoughts as I was standing outside of
wanted to show my support the courthouse at that very moment. I
for another Yid in tzaar. I was thinking about how proud Hashem
went because I wanted to must be of His children, as two relative
see the face of someone strangers took a four-hour drive just
who was described to me, to give another of His children some
by reliable sources, as a true chizuk. Isn’t that what our mission
maamin. I went because I felt in life is all about - to give Hashem
that I owe him a tremendous nachas ruach?
amount of hakoras hatov As someone who works with
for always supporting our children, my thoughts immediately
school generously, and I turned to the way parents raise
went to show the judge children. Do we take the time and
and the jurors that we are a show our children what it means to us -
supportive people. their parents - when we see love being
On a recent Wednesday shown from one sibling to another?
morning, a friend and I Moving on, we entered the
left for the long journey. courtroom. I had never seen
We thought that we knew proceedings in a criminal trial before
why we were going, but and perhaps it is something that we
we weren’t sure. It felt like should all experience earlier in our
the right thing to do. While lives. There were several things that

Perfidy in Iowa Page 63


struck me in a most powerful way and heard about how some children are the testimony and cross-examination
I would like to share them with you. auditory learners and some are visual for just a few hours and these people,
Certain lessons that I was taught learners. I am a mixture of the two and with very limited experiences, have to
throughout my childhood and reviewed yet I have such a clearer understanding listen for many days to what appears to
on many occasions later on during about what the trial looks like as a be very complicated testimony.
my adult life really hit home as I was result of seeing it for myself. I asked myself several questions
sitting in that courtroom. This is so important to take into at this point. Is this the best way to
There were two tables. At one of consideration as we think about conduct a fair hearing? Hashem wants
them were seated Shalom Mordechai the chinuch that our children are us to make hishtadlus and we have to
and his team of lawyers and at the receiving. Many of the visual lessons secure the best defense team available.
other one was the team of prosecutors. and experiences that will leave an We, the brothers and sisters of Shalom
Next to the prosecutors were several impression that we really want are Mordechai, have the ability and power
library carts, similar to those used in too difficult to fit into a normal school to change the verdict.
libraries to transfer and sort books. In day. This is where parents can be Each time a total stranger sends
the courtroom, these carts are used to very supportive by helping out and a donation to help pay for the legal
hold very thick binders of papers, all giving our children these extra forms expenses of the trial by making out a
ready to be used as exhibits in the case of support. At the very least, if your check to the Yated’s fund, there is a
to show evidence of the defendant’s child’s rebbi or morah goes out of the good chance for that donation to make
guilt. way to present a lesson using a variety a difference between a verdict of guilty
As a youngster, I heard my rabbeim of modes for learning, be appreciative and not guilty. Join me and imagine the
describe how we will be judged in the and thankful. Don’t complain about results of what would happen if each
Bais Din Shel Maalah. They will take the possible waste of time. Trust me, it one of us, including young children,
out our books and show all that we have is time very well spent. would take three minutes of their day
done during our lifetime. The scene in Another sight that made me think during the trial to say just one perek of
the courtroom of those library carts hard and strong was the jury section of Tehillim.
really made my rabbeim’s description the courtroom. Seated in their chairs As I was looking at the members of
come real and alive. were a group of twelve American the jury, the following thought came to
I am sharing this with you for several citizens and several alternatives. I mind. These jurors don’t live in a city
reasons. One of them is to reinforce the have respect for these people who are that has a noticeably Jewish presence,
idea that our children learn in many doing their civil service as Americans. and many of them never met a Jew.
different ways. I am sure that you have However, I had a headache listening to Can you imagine what effect could be
had be if one or more of these jurors
was once on an airplane and saw a
Jew create a kiddush Hashem?
Just last week, I was on an airplane
and stood up to help an elderly
passenger get a piece of luggage
into one of the upper compartments.
One small act, noticed by dozens
of travelers, can possibly be what
will set the stage for a non-Jew to
demonstrate positive feelings towards
other Jews down the road.
We don’t realize the power of our
actions…
In summary, I would like to suggest
that we share some of the lessons of
the trial with our children. Use the
trial to impress upon them the idea
of us being responsible for each
other. Use the trial as an opportunity
to stress the need for them to always
make a kiddush Hashem, and use the
trial as an opportunity to have them
experience what it feels like to help
another Jew in trouble by saying
Tehillim.
In the zechus of all that we do, may
we merit to hear besuros tovos.
Checks can be made payable to
Pidyon Shvuyim Fund, and mailed to
53 Olympia Lane, Monsey, NY 10952

Page 64 Perfidy in Iowa


November 6, 2009

Sunsets and Headlines

BY LIBA LIEBERMAN

Far Rockaway is situated between two the dictates of the wind. incomprehensible problems. Just two
stretches of boardwalks, and at this time At one point, the sun began melting weeks ago, Klal Yisroel read Parshas
of year, they provide sunsets that stagger into the horizon. The intensity of the Bereishis, when Gan Eden was within
the imagination. While walking recently burning peach hues had hit its peak, reach and was lost. This past week’s
on the Atlantic Beach boardwalk after and already behind me at the other end parsha was Noach. It is filled with
work, approximately at sunset, I saw of the boardwalk the sky was beginning despair, yet the seed of Klal Yisroel is
right here in my hometown what Monet to darken. The utter beauty of Hashem’s protected.
was also inspired by - a marbled sky in world! A sunset at the beach can The drama of everyday life is the
blue-gray, and peach-pink tones. I own contain all the emotion in the world playing field of a Yid’s existence.
a copy of one of his paintings with that condensed in a sky burning with life. Sometimes the drama is one of awe,
exact color scheme, which must have The ocean below that sky was whipped like the experience of sunset on an
been painted from a setting somewhere up with the fury of the autumn wind, autumn beach. Or remembering the
in France. But I wasn’t in France, and wave after wave rushed toward first baby steps of a child as that same
and I wasn’t looking at a painting. A the home stretch of the shoreline with child is being walked to the chupah.
miracle that we commonly call sunset frothy determination. Sometimes the drama is about terrible
was happening, changing into a new Olam Hazeh is a world filled with dangers; a casual look at the headlines
masterpiece every few seconds as the extremes. Everywhere one looks, is enough to determine the gravity of
sky darkened and the clouds shifted to there is extraordinary beauty and current events.
Iran’s nuclear potential, the Goldstone
Report condemning the Israeli army’s
conduct during Operation Cast Lead,
and, on a national level, the health
care reform effort that is slamming
the door in the face of any opposition,
are chilling reminders of why we need
to seek the protection of the Ribono
Shel Olam.
The Rubashkin trial in South
Dakota is another example of drama
with implications that recall the blood
libels of yesteryear.
The playing field of life is vast, and
was created for one reason, and one
reason only: that we become inspired
by it to turn to Hashem, Who is always
waiting to hear from us. Real world
scenarios are Heavenly cues for Klal
Yisroel to remember the only Head
of State, and beseech Him for mercy
when necessary, and praise Him for
allowing us to serve as His chosen
people in a world of daily miracles.

Perfidy in Iowa Page 65


November 6, 2009

Rubashkin Defense Begins


Presenting its Case

BY AVI YISHAI AND AVI SHIFF

Reb Shalom Mordechai Rubashkin’s It should be noted that Reb Shalom allowed, because Reade had split the
lawyers began calling witnesses on Mordechai’s limited resources are trial into two parts.
Monday to counter allegations against somewhat compromising his ability Reade rejected the motions, allowing
the former Iowa slaughterhouse vice to fight back against the blood libel the trial to proceed.
president. The list of possible defense created by the legal team representing In her initial decision to split the trial,
witnesses includes the plant’s former the government. Reade had ruled that allowing all charges
bankruptcy trustee, Joe Sarachek, and “There is no question,” commented in one trial could unfairly prejudice the
Postville schools guidance counselor a volunteer involved in raising funds jury, allowing evidence for one group of
Ron Wahl, who worked extensively for Shalom Mordechai, “that with charges to be applied to others. Reade
with the town’s immigrant population. additional funds, his legal team could had said she expected it to be difficult
Reb Shalom Mordechai’s father, R’ have been expanded to give him a better for a jury to compartmentalize damaging
Aaron Rubashkin, the family patriarch opportunity to refute the bogus charges information.
who founded Agriprocessors, Inc. in being leveled against him.” Last Tuesday, when Billmeyer
Northeast Iowa, testified on Tuesday. Agriprocessors was the site of a May testified, the government presented
The Rubashkin trial, being held 2008 immigration raid that rounded evidence that the company received
in Sioux Falls, South Dakota, began up 389 illegal workers. The raid, one no-match letters from the government
its fourth week on Monday with the of the largest in American history, and - notification that its employees did not
prosecution concluding the presentation unprecedented in nature and scope; have matching Social Security numbers
of its case against Reb Shalom forcing the plant into bankruptcy six - for several hundred employees, as
Mordechai. months later. It was then, prosecutors well as a sharply worded e-mail from
The trial is being held at the US allege, that the court-appointed trustee Billmeyer warning that people could go
District Court on S. Phillips Avenue in discovered a plot to defraud the plant’s to jail if nothing was done.
Sioux Falls and is being presided over lender. The defense on Monday began On cross-examination, however,
by U.S. District Judge Linda Reade. its effort to prove that the charges are defense attorney F. Montgomery Brown
Shalom Mordechai Rubashkin faces totally unfounded. blamed Billmeyer for the failure to
1995 years in jail if found guilty of Shalom Mordechai will face the 72 discover illegal immigrant applicants.
the charges he is facing, which will be federal immigration-related charges in Brown also presented several strongly
brought in two trials. The current trial the second trial now scheduled to begin worded e-mails to other plant managers,
consists of 91 charges relating to bank on December 1. in addition to the one she sent Shalom
fraud. The second trial will focus on 72 DEFENSE TEAM FILES Mordechai. This was to show that
immigration-related charges. FOR MISTRIAL the government’s claim that Shalom
Reb Shalom Mordechai will take Last Wednesday morning, Shalom Mordechai was solely responsible
the stand on his own behalf, defense Mordechai’s attorneys twice filed for the goings-on at Agri is a gross
attorney Guy Cook said, and that may motions for a mistrial after a key misrepresentation.
come as soon as Thursday. government witness, former human The human resources manager agreed
Federal prosecutors concluded resources manager Elizabeth Billmeyer, with Brown’s assessment that she had
their case on Monday after 10 days, divulged details of illegal immigrants “a little bit of a temper,” was “a little
47 witnesses and scores of internal working at the company. Attorney Cook excitable,” and was “prone to drama.”
company records were presented. The protested in court to Judge Reade that In blaming Billmeyer for failing to
prosecution concocted a case on behalf by permitting this testimony about the discover illegal immigrant applicants,
of the government against Reb Shalom alleged hiring and harboring of illegal Brown said, “Someone was asleep at
Mordechai. Observers felt that many immigrants at the plant, the bank fraud the switch for a couple of years, and
of their witnesses were shown to have case currently on trial would suffer hundreds of illegal aliens were hired.”
selective memories, while others were from a “death by a thousand cuts.” The Laura Althouse, who in May pleaded
discredited altogether. attorneys took exception to the details guilty of conspiracy to harbor illegal

Page 66 Perfidy in Iowa


immigrants, corroborated some of relationship with Shalom Mordechai activity but didn’t care because of the
Billmeyer’s testimony. and had sold the plant 7,000 heads of money they were earning. Agri always
Last Wednesday, Cook accused cattle without any problems. paid interest to the bank on schedule,
prosecutors of cherry-picking the Heter told the court that everything he and First Bank received at least $13.5 -
best evidence from the upcoming did with Shalom Mordechai was based $20 million in interest before production
immigration trial to sway the jury. He on a handshake. “His word was gold,” at Agriprocessors collapsed.
called it a “powerful potion to pour in said Heter, who talked about the plant “It was humanly impossible for (the
front of the jury.” and how Agri always honored its word. bank’s) auditor to miss this,” Roth said.
At the conclusion of testimony on Hank Hartig, a farmer testified that “…The information was so obvious,
Wednesday, reports the Des Moines farmers weren’t paid until their invoices so openly presented, that the auditor
Register, Reade reprimanded Cook were verified, but that once they were, should have seen it the first time around.
for broaching the forbidden topics of the bills were immediately paid. He I’m convinced they saw it, but it wasn’t
possible union activity at the plant and noted that the Rubashkin’s word was important to the bank.”
the personal struggles of the Rubashkin as he needed when dealing with them, Roth also related that the FBI, during
family in an attempt to gain sympathy as they were implicitly trusted. Greg their investigation, never once visited
from the jury. Reade said Cook was Risinger, another farmer also testified Agri’s accounting firm. Last week,
right “on the line” of finding himself in warmly on behalf of Shalom Mordechai. attorney Cook questioned a government
major trouble. The defense introduced the testimony witness from the FBI about why, during
ABRAHAMS: of a Nebraska resident, David “Polly” their weeks of investigating the case
Plume a Native American tribe leader, against Rubashkin, they never once
RUBASHKINS WERE IN who related how his tribe had been visited the Marks Paneth & Schron
‘OVER THEIR HEAD’ considered to be living in one of the firm in Manhattan which providing
On Monday, Chaim Abrahams, a poorest states of any group in the accounting services to the company.
purchasing manager at Agri, said that country, as stated during a visit by The message by the defense was
Shalom Mordechai was overworked former President Clinton in 1999. They that the government conducted an
and that chronic under-staffing at Agri contacted Agri, and in 2002, the meat investigation without trying to ascertain
led to sloppiness in the plant’s day-to- company established a plant in near whether the testimony being provided
day operations. Shalom Mordechai, he them in Nebraska and revitalized their was true or not.
said, juggled five to seven tasks at a time economy and employment situation. What was immensely frustrating for
and was difficult to reach unless dire When the government shut down the the defense attorneys, the Yated learned,
problems arose. Agri plant Postville, the Nebraska was that Judge Reade refused to allow
Abrahams said that Shalom branch inevitably closed as well, Mr. Roth, who had traveled from New
Mordechai, his brother Heshy, and their throwing the community there into a York to testify, to discuss certain matters,
father Aaron “were in over their head.” situation of financial distress once again. thereby cutting out a large portion of
Abrahams said he was uncomfortable The witness explained how involved his testimony. Later, the attorneys were
sharing his assessment in public, but Shalom Mordechai was in the allowed an “offer of truth,” during
was pressed by defense lawyer Brown. establishment of the plant there and how which they shared with the judge these
Rubashkin’s legal team say that what the helpful he was to the Native American details of Roth’s testimony, with the
government terms fraud at the plant was community. audience there, but without the jury
simply incompetence and poor record The defense sought to show how present. Roth wished to convey that it
keeping, and not related to corruption in Shalom Mordechai had so many is impossible that the bank didn’t know
any way. responsibilities and obligations in his what was going on at the company.
Abrahams said that Shalom position at Agri that there was no way Judge Reade responded that the bank
Mordechai “was always… trying to he could possibly have been involved can’t be blamed for what occurred. The
get [people] to stop spending money, in, and orchestrated, the things that the defense countered that since the bank
to look for ways to save money.” His feds claim he orchestrated. was aware of what was taking place and
brother, Heshy, by contrast, he said, Abe Roth, a Brooklyn accountant, participated in the formulation of the
pushed aggressively to expand the who, along with his firm Marks Paneth company’s financial projections, that
plant, Plant managers added an “oven & Schron, handled the Agriprocessors cannot be called defrauding the bank.
bake” line three times larger than account in the past and is knowledgeable Shalom Mordechai’s son, Getzel, also
what was originally projected because about the company’s finances, testified testified. He told the court that monies
they assumed it would be successful, that First Bank Business Capital, Agri’s which the prosecution claims were
Abrahams said. St. Louis-based lender, seemed to know taken from the company by Shalom
Abrahams still works at the plant, about all activities at the slaughterhouse, Mordechai were, in truth, all related to
now named Agri-Star and under but purposely looked the other way company expenses and not for personal
new management, led by Montreal because their loan arrangement was use. Credit cards and vehicles belonging
businessman Hershey Friedman. profitable. At issue is a $35 million to Shalom Mordechai were used for
Abrahams said he is still friends with credit line the bank extended to Agri to the benefit of the company, explained
Heshy Rubashkin and had remained keep the plant open. Getzel.
close to Shalom Mordechai “until 7 to 8 Prosecutors claim that Agri DEFENSE ATTORNEYS
months ago, when I was told not to talk deliberately diverted funds between
to him.” various accounts to mislead the bank in ASK JUDGE TO DISMISS
The defense lawyers also called Bill order to maintain the credit line with the FRAUD CHARGES
Heter, a Greene County farmer, who bank, the defense lawyers responded that On Monday, the defense attorneys
told jurors that he had a strong business bank officials obviously knew about the filed a motion asking Judge Reade to

Perfidy in Iowa Page 67


acquit their client. The request, which Elizabeth Billmeyer, before the raid. - in what I thought was illegal trespass
is a standard court procedure, was “I used to trust her. She is a very onto the premises - and took pictures of
filed in court papers and states that the strong woman,” Aaron said. “I cannot what was going on in the meat plant.
charges should be dismissed because understand how this happened.” “I have to say, unfortunately, that
of the prosecution’s failure to prove Attorneys also showed photos, I thought the Orthodox community,
Shalom Mordechai’s guilt during outside the jury’s presence, of the including the Orthodox Union, did
their ten days of presenting their case. Rubashkins with prominent politicians. not sufficiently come to Rubashkin’s
“The government’s case has been Included in the images were U.S. Sen. defense at that point, and that, I think,
oversold,” attorneys wrote in the Chuck Grassley, former Iowa Gov. is what began the whole slide down
motion, prepared by lawyer Adam D. Terry Branstad, and former U.S. Rep. for Agriprocessors. I think Rubashkin
Zenor. “Simply put, the government has Jim Nussle. and Agriprocessors did an amazing job
overreached. There is an insufficient Judge Reade has not allowed the for the Jewish community, and were
linkage for a criminal conviction photos into the trial for several reasons, entitled to the support of the Jewish
between Agriprocessors’ ultimate including prosecutors’ objections that community. They were disappointed
failure to make payments under a loan the photos lacked a legal foundation to that they did not receive that support.
agreement and Agriprocessors’ business be included in trial. The Jewish Forward even began a
practices. Breach of contract does not Shalom Mordechai’s wife, Leah, also series of articles, many of which were
equal a crime.” testified on Tuesday, telling the court filled with misrepresentations, lies, and
REB AARON RUBASHKIN about the simple lifestyle they live and false statements against Rubashkin.
the fact that their home is open to the “As far as the current matter, regarding
TESTIFIES community. She described the chesed
On Tuesday, Reb Aaron Rubashkin, Agriprocessors having employed illegal
activities of the family and their focus aliens, it was a well-known fact that
who founded Agriprocessors, testified on reaching out to others and assisting
in court that he spent “every penny” Agriprocessors employed illegal aliens
anyone in need. Her words appeared to - as does every other meatpacking plant
he could gather to keep his meat plant have a strong impact on her listeners.
afloat after it was raided by federal in the United States. It’s a perfect job for
Rav Chaim Cohen offered strong illegal aliens, who don’t know English
immigration agents. Aaron, who opened defense for the company’s hiring
the company in 1987, told jurors that and are willing to work in Iowa, in
practices and rebutted several of the freezing temperatures, dragging around
he mortgaged his home, two buildings prosecutors allegations.
that he owned and his store in Brooklyn, dead animals. Most Americans are not
N.Y., after the May 2008 raid. The effort NAT LEWIN: RUBASHKIN ready to do that. I will say definitively,
ultimately failed, as the plant run by his DID “AMAZING JOB” AND from everything I saw, that Rubashkin
two sons slipped into bankruptcy the treated his employees better than the
IS “ENTITLED TO WIN” employees are treated at all the major
following November. Nat Lewin, renowned constitutional
Aaron, a survivor of the horrors of law expert and lawyer, is one of the most slaughterhouses in the United States.
the Second World War and Stalin’s prominent attorneys in the United States They were paid better and treated more
Gulags, made his way to America after and has defended numerous famous humanely.
the war and established a butcher store clients, including former President “The Forward, for its own reasons,
in Boro Park, Brooklyn. Mr. Rubashkin Richard Nixon. Lewin sees himself decided they were going to write exposés
realized the importance and the need primarily as a defender of freedom of about Rubashkin’s employees. These
for a full-time shechitah to provide religion - or, more accurately, a defender exposés were false and were based on
glatt kosher meat for the New York of the rights of the Jewish community statements made by selected employees
Metropolitan area and other locales and individuals in it. A pioneer in Jewish who had grievances. The result was that
around the world, and he eventually public interest litigation, he has argued many Jews accepted what The Forward
came to the understanding that the best 27 cases in the Supreme Court, many said, and then came the immigration
way this can be accomplished is by the of them on Jewish issues. Elie Zirkind raid. Federal officials decided to raid the
establishment of a frum, Chassidishe of What, Where, When, a Baltimore plant, even though they did not do so for
community in close proximity to the Jewish monthly family magazine, any other slaughterhouse.
meat-packing plant which would recently interviewed Lewin, who had “Now the interesting thing is that,
provide a home and community for strong statements regarding the ongoing under the Obama administration,
the shochtim, mashgichim and their case of the government against Shalom immigration officials have now changed
families, with yeshivos and mikva’os. Mordechai Rubashkin. their policy and are no longer raiding
Aaron and members of his family Zirkind asked Lewin what his role plants. They have decided simply to talk
took over a defunct meatpacking plant was in defending the Rubashkins and to employers to get them to fire their
near Postville and began the historic why he agreed in the past to take their illegal employees. This was something
development, growth and expansion of case. The following is Lewin’s response: Rubashkin was always prepared to do.
Agriprocessors. “I am not representing Rubashkin Was Rubashkin’s system perfect? No.
Aaron said in court on Tuesday any longer. I represented Rubashkin Many of his employees provided false
that he managed to gather between $4 and Agriprocessors in a number of papers.
million and $5 million from his personal legal matters prior to the matter that is “Rubashkin is now being represented
assets after the raid. “We tried to get all presently pending. I represented him by local lawyers from Iowa. I hope he
the help we could,” he said. He said he in connection with the allegations that wins his case; he is entitled to win it,”
was unaware of any illegal immigrants PETA, People for the Ethical Treatment concluded Lewin.
working at the plant, and had trusted of Animals, suddenly made after they All are asked to continue davening for
the plant’s human resources manager, put somebody in the plant undercover Shalom Mordechai Halevi ben Rivkah.

Page 68 Perfidy in Iowa


November 13, 2009

Rubashkin Trial Wraps Up

BY DEBBIE MAIMON AND AVI YISHAI

The trial of Reb Shalom Mordechai the bank by creating false invoices was responsible for just $1 million. He
Rubashkin wound to a close Monday, to show inflated sales, so as to entitle noted that Agriprocessors had many
with prosecutors and defense attorneys Agriprocessors to additional loan funds. high-level managers, and Reb Shalom
giving closing arguments that painted Cook said, “Shalom Rubashin has Mordechai was not responsible for all
radically different pictures of the acknowledged he made mistakes. But it financial transactions.
defendant. was obvious the bank knew about it and The fact that the government insists
U.S. Attorney Peter Deegan, still continued to lend Agriprocessors on singling out Reb Shalom Mordechai
addressing the jurors first, said the money. In so doing, the bank was exclusively for every minor and major
defendant masterminded an enormous signaling its tacit consent.” violation they uncovered invites
fraud scheme and harbored illegal Interest on the $35 million line of suspicion, Cook said. How is it possible
immigrants at the plant. He accused credit came to $13.5 million and was in a business so massive, he asked,
Shalom Mordechai Rubashkin of being enormously lucrative for the lender for one person to be single-handedly
obsessed with control. bank. It helped shaped the bank’s policy responsible for every single mistake and
Jabbing his finger at the defendant in of not looking closely at Agriprocessors’ oversight?
a theatrical display of pious indignation, paperwork, never once conducting an Cook wondered aloud why
he said “This man knowingly defrauded audit, and continuing to lend the meat prosecutors had not a single question
First Bank by offering false invoices for company millions of dollars even after for Aaron Rubashkin while he was on
orders that never existed! He lied! He the government raid. the witness stand. “It seems they had a
cheated!” Deegan mocked Reb Shalom Given the bank’s intentionally turning script they had to follow, and it called
Mordechai’s claims that he was not a blind eye, how could the government for concentrating all their ammunition at
responsible for all financial transactions possibly cry fraud, Cook asked the my client. Questioning the true owner of
and that he did not know that his actions jury. Furthermore, while the bank itself the plant might uncover information that
crossed the line into illegality. launched its own civil suit against would weaken their case against Shalom.
Deegan urged the jury to find Agriprocessors to recover its loan That couldn’t be allowed. The script had
Rubashkin guilty on all 91 counts money, strikingly, the lawsuit makes no to be followed to the end.”
- virtually sentencing him to life complaint of fraud. Aaron Rubashkin, who opened the
imprisonment. Cook said that this fact underscores Postville slaughterhouse in 1987, told
Defense attorney Guy Cook told jurors that the government has manufactured a jurors that he mortgaged his home,
that the prosecution had invented a story federal criminal case out of a matter that two buildings that he owned and his
that didn’t happen. He asked the jury to should have remained in civil litigation. store in Boro Park after the May 2008
take the necessary time to think about The government had overreached in this immigration raid.
the evidence and to weigh it carefully. case, he said. “I don’t want to describe what was
“The prosecution wants you to set aside He said his client was an inexperienced there (following the raid),” the 80 year-
the evidence, and regardless of whether businessman who tackled too much. old said. “I’m sure the architects who
it makes sense, to find the defendant “My client is guilty of incompetence made it have pictures.”
guilty,” he said. “I’m asking you not to and oversight. That doesn’t make him His efforts to save the company
rush to judgment but to think carefully a criminal. Defaulting on a bank loan is ultimately failed, as the plant slipped into
about what you’ve heard here. Think not a crime.” bankruptcy the following November.
about the evidence. Any reasonable The Government of the United States Defense lawyers called the elder
person can see the government’s case Against…. Shalom Rubashkin? Rubashkin, a Lubavitcher chossid who
is implausible. It goes against common Cook reminded jurors of some of the began his career decades ago processing
sense.” terms in the plant’s loan contract with the meat in Paris after fleeing Russia, to
Bank Signaled Its Consent bank, that Aaron Rubashkin, Shalom’s contest the charges.
Cook addressed the central charge that father, carries “unlimited” responsibility “When we came to Postville, every
Reb Shalom Mordechai had defrauded for the $35 million loan, while Shalom street (had) 4-5 homes for sale; Stores

Perfidy in Iowa Page 69


were for rent,” Aaron Rubashkin said. have done something terrible. Even if least 100 pages, and reminded jurors that
“We bought a rundown plant; everything he’s only guilty of a quarter of them, he Reb Shalom Mordechai never read it. To
was rotten. We built a new water facility.” must be a criminal!” emphasize his point, he dropped it on the
He said he commuted to Brooklyn, Cook reminded the jury that of the 50 floor.
NY, every week, while his two sons who witnesses the prosecution called, none CRUCIAL TESTIMONY
helped him in the company, Shalom of them who had any acquaintance with
Mordechai lived in Twin Cities, MN, and Reb Shalom Mordechai had a bad word SUPPRESSED
Heshy in Rochester. to say about him. Witness testimony considered crucial
Building a shul, mikvah and school to “Did you hear from a single one of by the defense team in establishing Reb
properly conduct Jewish-observant life them that Shalom is a liar, a cheater, a Shalom Mordechai’s innocence was
was a necessary step. By the time of the greedy person?” he asked. “Think about repeatedly barred by the presiding judge
raid, the Iowa town was a full-fledged the adjectives they used… ‘Generous,’ at the trial. Witnesses who had traveled
Jewish community. ‘kind,’ ‘honest,’ ‘trustworthy,’ ‘hard- considerable distances to testify were
When asked what Shalom Mordechai’s working,’ ‘problem-solving…’ People told by the judge that their information
job title was when he began, Aaron who did millions of dollars of business was not “relevant” and could not be
Rubashkin simply replied: “Son.” with him over many years said his word presented before the jury.
“We ran it like a family business,” he is gold. You heard one witness testify Judge Linda Reade, prodded by the
added. that with Shalom, no contracts were prosecution, composed a list of topics
His son, Yossi Rubashkin, and son-in- necessary - a handshake sufficed.” that she would not allow the defense to
law, Shalom Minkowicz, managed the Cook also showed jurors a Power Point mention at the trial, arguing that these
sales in New York. His daughter did the slide of Reb Shalom Mordechai with his topics could unfairly sway the jury in the
same in Florida. wife and their 10 children. He reminded defendant’s favor. By rigidly insisting
Following the raid, Aaron Rubashkin them that the fake invoices were never on adherence to these restrictions,
said he managed to gather between 4 kept hidden or handled with secrecy, Reade deprived the defense team of
and 5 million dollars from his personal testifying to Reb Shalom Mordechai’s opportunities to prove Reb Shalom
assets. “We tried to get all the help we belief that he was doing nothing illegal. Mordechai’s innocence, trial watchers
could,” he said. said.
He said he was unaware of any illegal “Would he knowingly put his family Taboo topics included any mention
immigrants working at the plant, and at risk?” Cook asked. “Does he have of Reb Shalom Mordechai’s flowing
had trusted the plant’s human resources the criminal intent that the government generosity and charitable activities.
manager, Elizabeth Billmeyer, before the assigns him? To convict him, you must There was no place in the trial for
raid that detained 389 illegal workers. be certain beyond any reasonable doubt an “emotional litany reciting the
“I used to trust her. She is a very strong that Shalom Rubashkin set out to break defendant’s good works,” Reade intoned.
woman,” Aaron Rubashkin said. “I the law, to cheat and defraud.” The defense team was also forbidden to
cannot understand how this happened.” Cook held up the plant’s loan contract mention politicians or elected officials
At the end of his confident testimony with the plant, which looked to be at who had toured Agriprocessors in
Tuesday morning, the
prosecution said it did not
wish to cross-examine Aaron
Rubashkin in front of the jurors.
“Clearly they were afraid of the
positive image he portrayed,”
a supporter who was in court
said. “He practically said the
banks left him hanging to dry
as he struggled to find funds
they had promised to lend him,
and that every financial move
was consulted with them.”
WILDLY INFLATED
INDICTMENT
Attorney Cook said the
wildly inflated “91 counts of
bank, mail and wire fraud” with
which Reb Shalom Mordechai
is charged constitute an
obvious ploy to sway the jury.
“Where does this “ninety–
one” come from? Bank, mail
and wire fraud - it’s all the very
same charge. This massive
number is meant to overwhelm
you. You’re supposed to think
“Ninety-one counts? He must

Page 70 Perfidy in Iowa


the past, and had publicly lauded the FINANCIAL EXPERT’S of need. Her testimony too, was barred.
plant, its management, operations and TESTIMONY BARRED Before the judge, attorneys from both
contribution to the community. In another instance of Judge Reade sides and the court stenographer, but
Lastly, the defense was admonished barring crucial testimony, Manhattan- with the jury out of the room, Mrs. S.
to avoid all mention of the challenges based Abe Roth, CPA, had made a told of having fallen on hard times. She
the family faced in dealing with their comprehensive review of correspondence said she made an appointment to see Reb
16-year old son’s autism, lest it evoke between Agriprocessors’ financial Shalom Mordechai at his office.
sympathy from the jury. officers and FBBC, the lender bank “I described how we were going
STRAIGHT-JACKETING Reb Shalom Mordechai was accused of through very difficult straits… My
husband was in between jobs. Our
THE DEFENSE defrauding.
electricity was about to be turned off.
The suppression of other important Working pro bono, Roth came to
Rabbi Rubashkin didn’t ask questions or
testimony had the effect of straight- Sioux Falls of his own volition, prepared
give advice. He reached into his pocket
jacketing the defense. It cleared the way to demonstrate to the judge and jury
and withdrew a fistful of bills - hundred
for the prosecution to paint Reb Shalom a fact vital to the defense: that it was
dollar bills. He gave me the money with
Mordechai as a conniving law-breaker virtually impossible that the bank was
a kind word and an encouraging smile…
who enriched himself and his family by unaware that some of the paperwork
This scenario was repeated a number of
defrauding the bank and exploiting the submitted by Agriprocessors contained
times over the year, before we finally
immigrants in his employment. inflated numbers.
began to get back on our feet.”
Witnesses came forward to challenge The discrepancies were too glaring
this image, but jurors were instructed to go unnoticed, Roth stated, indicating A CASE BUILT ON
by Reade to leave the room while that the bank was complicit with the INSINUATIONS
they spoke. The witnesses recounted inflated sales numbers; due to the Attorney Guy Cook argued for the
examples of Reb Shalom Mordechai’s immense profits it reaped from the credit right to present testimony about these
unusual humanitarianism and acts of it extended Agriprocessors. sweeping acts of charity to the jury.
kindness toward Jew and non-Jew alike. Roth never did get to present his The defense sought to counter the
They testified to his stainless reputation findings to the jury. In one of many prosecution’s accusations that over a
in his own community and far beyond rulings that smacked of one-sidedness, million dollars passed through Reb
as a man of his word, honorable and Judge Reade ruled in pre-trial discussions Shalom Mordechai’s bank account, that
trustworthy in business. that Roth’s testimony was inadmissible, the defendant used the grocery and the
Even when attorneys argued that since it represented his “opinion,” as yeshiva he supported to launder money
the above testimony was important opposed to “evidence.” for his own use, for “gold and silver
in disproving money-laundering “LOOK ME IN THE EYE….” items and jewelry.”
allegations, or to dispel insinuations Reade also refused to allow jurors to Yet these alleged purchases were
that Reb Shalom Mordechai lived a hear the testimony of Postville farmer never specified or identified in court,
lavish lifestyle by misappropriating Stan Martin who made the five-hour trip and no evidence was ever produced
funds, Judge Reade rigidly imposed her to Sioux Falls to tell a poignant story that the money allegedly used to buy
restrictions. of how “Shalom” rescued him from them came from illicit sources. Under
At various points in the trial, the disaster. With jurors out of the room, cross-examination, Cook exposed a
hamstringing of the defense reached the Mr. Martin recounted that after a plague case so weak that it relied solely on
point of absurdity. A prosecution witness killed off his entire hog farm, he came insinuations and the hope of planting
testified that she was often asked by Reb to Reb Shalom Mordechai for help. suspicion in jurors’ minds. Cook asked
Shalom Mordechai to drive her and his Pleading for a loan to restart himself in the government-appointed accountant
son to meetings. Prosecution attorneys business by purchasing cows, he named who made the claim about the huge sum
insinuated that the defendant and his son a huge sum of money needed for the of money passing through Reb Shalom
were engaged in clandestine activity at investment. “I’m so sorry, I simply don’t Mordechai to elaborate.
the office and therefore preferred not to have that kind of money to lend,” Reb “Can you tell the court where all this
have the family’s car in the parking lot. Shalom Mordechai told him. money went, where and how it was
During cross-examination, the “Look me in the eye,” the man said spent?” Cook asked.
witness admitted that when Reb Shalom brokenly. “I need your help desperately. “Our investigation did not focus on
Mordechai needed a lift, it was usually I have nowhere else to turn.” that information,” the witness answered.
because he had put his car at the disposal “Well, Shalom stood up and looked “But you presented your testimony
of one or other of the many visitors me in the eye,” Mr. Martin recalled. as a summary of the Rubashkin’s bank
who found their way to his Postville “‘Meet me at the bank in an hour,’” he account,” Cook said.
address, seeking help. As for the son said to me. “I met him there an hour later “No, sir, I called it a summary from
who accompanied his father to the and he arranged the loan. This is the sort his account.”
“secret” meetings, “Are you aware that of man you’re dealing with,” he said “In other words, you are presenting a
the defendant’s son, Moishe, is a special- with a catch in his voice. partial report, out of context?”
needs autistic child?” Cook asked the “I’m presenting a summary of the
witness. FISTFUL OF HUNDRED deposits only.”
“Objection!” the prosecutor DOLLAR BILLS “To be absolutely clear, you have no
exclaimed. “Sustained!” snapped the Mrs. S. traveled from Postville to information about how the money was
judge, sharply admonishing Cook Sioux Falls the same day, hoping to be spent, whether for business or personal
for mentioning the forbidden topic of able to repay a man who she said was reasons, for loans, charity or anything
autistic Moishe. like an angel from Heaven in her time else?”

Perfidy in Iowa Page 71


“That is correct.” a fair trial impossible. the plant’s human resources director.
What’s the point of half a story? This ruling was repeatedly violated Billmeyer testified last week that she
Why did the investigation refrain from during the actual trial. Reade permitted warned Reb Shalom Mordechai about
discovering what the money was spent the prosecution to call up seven witnesses illegal immigrants working the plant. She
on? Wouldn’t that shed light on whether to testify about illegal immigrants being said Shalom Mordechai told her: “It’s my
the defendant was acting within the law harbored at the meat-packing plant, company, and I’ll run it the way I want.”
or outside it? allegedly with Reb Shalom Mordechai’s “Did you say that?” Williams asked.
The government-appointed knowledge. Their testimony stretched On the stand, Reb Shalom Mordechai
accountant had no answer. He was over ten hours, continuing for a day and shook his head and said he was offended.
simply doing what he was told to do. But a half. “First of all, Agriprocessors is
the implication was clear to everyone in Although the defense team objected, not my company,” he said. “I don’t
the courtroom. The government stopped even filing for mistrial, Reade overruled talk like that. I never, ever made
short of investigating the expenditures them and allowed the testimony to a statement like that. It’s not me.”
in the Rubashkin account because the proceed. Defense lawyer Guy Cook walked
facts discovered might have crippled Reb Shalom Mordechai took the Reb Shalom Mordechai through
their case. Revelations that considerable stand last Thursday in his own defense. his upbringing in the Boro Park
sums of money went to help people like He told the court that learning of the neighborhood in Brooklyn, then asked
farmer Stan Martin or indigent people in impending immigration raid one day
about his family and faith as a frum Jew.
the community like Mrs. S. would throw before it was launched, he and his
Prosecutors objected to the narrative
a monkey wrench into a case so weak it lawyers had petitioned the government
nine times in the first 25 minutes of
rested solely on insinuations to sway the to allow the plant’s management to
testimony.
jury. make the necessary changes without
MONEY-LAUNDERING? disrupting operations. Reb Shalom WITNESS COACHED
The shabbiness of the government’s Mordechai pledged to comply with all Disturbing evidence that witnesses
case was further hammered home requirements regarding the filing of legal were intimidated, threatened and
during cross-examination of one of the identification papers, and the terminating repeatedly coached about how to testify
prosecution’s star witnesses, Yom Tov the employment of unauthorized emerged during various points during
(Toby) Benssason, who turned informer immigrants. The petition was ignored. the trial.
in a plea agreement with the government. The defense team wanted to subpoena One of the immigrants, who testified
Bensasson testified against Reb the lawyers to testify that they were in the to being hired with false papers, admitted
Shalom Mordechai, his former boss plant’s office the day of the raid, working under defense cross-examination that he
and close friend. He said that Reb to process new papers for many of the was told by investigators that unless he
Shalom Mordechai orchestrated the fake unauthorized workers. Reade refused to cooperated with the government and did
invoices, and that instead of sending allow their testimony. as instructed, his visa permitting him to
bank payments directly to the lender The fact that Reb Shalom Mordechai remain in the country with his family
bank as required, he sometimes rerouted took the stand was somewhat of an would not be renewed.
the money, depositing it in the grocery anomaly, as it is rare, in a case of a Another witness admitted to being
store or the community yeshiva, which defendant facing a 2,000-year sentence, repeatedly coached by prosecutors as to
Agriprocessors owned. The prosecution to take the stand and subject himself to exactly what she was to say. “I was told
called this “money-laundering,” the grilling of the prosecutors. to speak only about Shalom Rubashkin,
insinuating that Reb Shalom Mordechai “Reb Shalom Mordechai had no and to say nothing that would implicate
withdrew this money for his own use. choice, however, because the judge anyone else,” April Hamilton admitted
Guy Cook challenged this charge while had disqualified much of the defense’s under cross-examination.
cross-examining Bensasson. evidence and many of their arguments,
Over the past few weeks, Sioux
Cook: To your knowledge, did and didn’t permit witnesses for the
Falls, South Dakota, saw dozens of his
Shalom siphon off money from these defense say their piece,” relates a
family, friends and members of the frum
funds for his personal use? Rubashkin supporter. “When he
community arriving to provide chizuk
Bensasson: No, sir. testified, he spoke very calmly - as it
says in Chovos Halevavos that one and moral support.
Cook: Are you aware of any outside Local motels were hosting rabbonim,
bank accounts to which he re-routed any with bitachon is blessed with calmness.
They tried to rattle him and it didn’t go. bochurim, askonim and others who
of it? came out of support for Reb Shalom
Bensasson: I am not. Hashem put the right words in his mouth
and he stymied the prosecution. The Mordechai.
Cook: Granted that the money was re- “We will miss them (when the trial
routed for a couple of days, didn’t every siyata diShmaya was clear.”
Reb Shalom Mordechai told the court ends),” said Lynelle Dick, front desk
penny of it ultimately reach the bank? clerk at Country Inn. “It gets quiet in
Bensasson: Yes. that he never intentionally violated
federal fraud or immigration laws. the winter and they liven the place.”
DEFENSE CALLS “I made mistakes,” he said. “I’m a A few words from an observer in the
FOR MISTRIAL human being. I took the information courthouse gallery who traveled a long
In pre-trial rulings, Judge Reade had people gave me and sort of went with it distance to be at the trial sums up what
separated the charges of bank fraud from without really drilling down to see if it Reb Shalom Rubashkin’s predicament
immigration-related charges, calling was for real or not.” means to so many people across the
for two separate trials. She reasoned Assistant U.S. Attorney C.J. Williams country, those who know him and those
that combining the multiple issues and confronted him about a statement he who don’t.
charges would confuse the jury, making allegedly made to Elizabeth Billmeyer, “I’m here because it could be me…”

Page 72 Perfidy in Iowa


November 20, 2009

A Travesty of Justice

BY CHAIM RUBASH(EV)KIN*

A travesty And shame-faced men


We witnessed Who is this Jew Needed to
When shechitah went on trial They want to jail Save face again
A prosecutor To smear his name And so they picked
Who’d just spew Revoke his bail A helpless soul
Invectives mean and vile Who is this korban One who all Jews
This poor pawn Would extol
No justice found Who wakes up hours
In Iowa Before dawn Yet now they would
Not even one iota Reverse the role
The smear campaign Whose chessed, tzedakah A judge clearly
Indeed insane Was renown Out of control
Infected South Dakota To all who lived And now a sentence
Around his town She shall dole
And as we watched And whether Jew Who does not see
So helplessly Or gentile The awful toll
While government just laughed He helped each one
With claims of With a smile The question we
Fraud, conspiracy Must ask ourselves
Laundering and graft But corrupt banks Is what more should we have done
That would ensure
And they would stop Forevermore
At nothing A case like this is won
To relentlessly pursue
The simple bearded To many of you
Meat-packer Sitting home
Who also was a Jew You say it’s no big deal
I would not stop
And no expense Our efforts
Did the Feds spare When Shalom goes to appeal
To hang him on a hook
To vilify And ramp up
The sweetest guy All your ahava
And paint him as a crook For a distant fellow
Jew
This case is not
Just Iowa
It might be about
you

*Today we are
all Rubash(ev)kin

Perfidy in Iowa Page 73


November 20, 2009

Justice Denied

BY DEBBIE MAIMON

The guilty verdicts returned by noon until Motzoei Shabbos. defense team’s objections were filed in
the jurors in the Rubashkin trial last His family was lied to about his true three separate motions for a mistrial, all
week were both deeply disturbing and whereabouts and he was not allowed of which were turned down by Reade.
surprising. In retrospect, however, they to contact them. A sympathetic U.S. “It’s clear that allowing unrelated
should not have come as a surprise, as Marshall intervened and phoned the charges to be brought up in a trial
the rank inequities in the way the trial family to inform them where he was unfairly influences the jury to convict
was conducted all but guaranteed a being held. They rushed his tallis and the defendant,” Cook explained. “Make
miscarriage of justice. tefillin to him. the defendant look guilty of an unrelated
Many who followed the trial had By the time these words are first read, charge, and it’s easier to pin him with
ardently hoped for an acquittal. Reb Shalom Mordechai’s sentence will criminal intent in relation to the real
Disconcerted by the one-sided rulings have been pronounced by Judge Linda charges before the court. Those are
from the bench, they nevertheless prayed Reade. Hopefully, he will be freed on grounds for a mistrial.”
that the truth would emerge. Those hopes bail pending his upcoming trial on In effect, if not intent, Reade seemed to
were dashed as Judge Linda Reade spent immigration charges. Few expect her to be assisting the prosecution. The leniency
close to an hour reading off the list of 86 show any leniency. shown the prosecution contrasted starkly
charges to which the jurors had returned with the severe constraints imposed
APPEAL IS CERTAIN on the defense. Reade’s continually
a guilty verdict.
As parts of the court record become suppressed great amounts of witness
BITTER AFTERMATH accessible to the public for the first time,
The devastating outcome of the trial testimony that might have led to Reb
many are convinced that Reb Shalom Shalom Mordechai’s acquittal.
was made even more bitter by events Mordechai was deprived of a fair trial.
that immediately followed. Upon the The suppression of crucial testimony
An appeal is certain, his attorneys said. crippled the defense in several ways. A
requests of the prosecutors who branded Attorney Guy Cook told WCF Courier lynchpin of the prosecution’s case was
him a flight risk, Reb Shalom Mordechai that a key aspect of the appeal will be its portrayal of the bank as a victim of
was taken into federal custody over the Judge Linda Reade’s decision to allow criminal deception, or fraud, on Reb
protests of his lawyers and was made to jurors to hear vast amounts of testimony Shalom Mordechai’s part. The defense
spend the night in solitary confinement that incriminated Reb Shalom Mordechai was prepared to prove the falsity of this
at the Sioux Falls State Penitentiary. on immigration violations. claim.
He was deprived of basic rights, This decision was in clear defiance of
including the right to contact his attorney Reade’s own earlier ruling that split the BANK NEVER
and to wear his yarmulka and tzitzis. immigration and financial charges. In ALLEGED FRAUD
Prison guards forcibly stripped him. For that ruling, she said it would be difficult Financial experts took the stand to
two hours, they maliciously taunted and for a jury to render a fair verdict if they show that the reviews and audits of
baited him, hoping to provoke him to had to listen to damaging information Argriprocessors by the bank were so
defiance while videotaping his reaction. about a host of different charges. half-hearted and infrequent as to be
He forced himself to remain calm, and Accordingly, the subject of harboring worthless. These superficial “lip-service”
somehow survived the night. His family illegal immigrants was supposed to be audits signaled the bank’s clear choice
is seeking to have the videotape released. barred from the financial trial. to continue their business dealings with
Although his lawyer had informed the company from which they greatly
the U.S. Marshals about his client’s THREE CALLS FOR benefited.
special dietary needs (kosher food), A MISTRIAL It should be noted that the bank never
this information was not given over to Reade contravened her own ruling, alleged fraud in their suit to recover their
the Sioux Falls Penitentiary authorities. Cook said. Over the protests of the monies following the company filing for
Food sent by his family also did not defense, the judge allowed more than ten bankruptcy.
reach him. Thus, Reb Shalom Mordechai hours of damaging immigration-related Prosecutors fought to neutralize
ate nothing for two days, from Thursday testimony against the defendant. The the testimony of the financial experts

Page 74 Perfidy in Iowa


and Judge Reade sided with them. statements to be made by the judges said. “The defense might well assume
She instructed the jurors to leave when they accepted the pleas and handed the judge is behind this.”
the room while these witnesses gave down sentences. DEFENDANTS CALLED FOR
their testimony. She similarly blocked According to the Times report, a
the testimony of six other important uniform jail sentence of five months READE TO STEP DOWN
witnesses, claiming their remarks followed by deportation was imposed for Because of her inside role in the
were part of an “emotional litany” that all suspects who agreed to a plea deal. pre-raid planning, including helping to
would unfairly influence the jury. Their The majority of the immigrants were orchestrate the fast-track hearings, plea
testimony, however, remains part of the begging to be deported immediately to bargains and sentencing of the hundreds
court record and will undoubtedly be be able to rejoin their families. But the of illegals, Judge Reade was asked to
used by defense counsel at a later date. government had other plans for many of recuse or disqualify herself in the case of
them. two defendants who were slated to come
COLLABORATION? before her for sentencing.
Observers at the trial were baffled The plea deal was written in such
a way that a suspect was compelled to The Des Moines Register cited the
by many of Judge Reade’s rulings case of Martin de la Rosa-Loera, a
that appeared to tie the defense’s pledge his or her willingness to cooperate
with authorities; namely, to testify former manager at Agriprocessors, who
hands while clearing a path for the
against managers and other higher-ups pleaded guilty under an agreement with
prosecution. But those familiar with
in Agriprocessors to grand juries. If he prosecutors to aiding and abetting the
this judge’s involvement in the planning
or she rejected the plea deal, the uniform harboring of undocumented immigrants.
stages and execution of the ICE raid
sentence of two years imprisonment was His attorney, Thomas McQueen,
at Agriprocessors were anything but
imposed, to be followed by deportation. said that despite the plea agreement,
surprised.
his client was calling for Judge Reade
Offering some startling revelations LAWYER WALKED to step down from his case before
about the federal raid on Agriprocessors, OUT IN DISGUST
a New York Times article on Tuesday sentencing. McQueen filed a motion
One defense lawyer who received the questioning Reade’s impartiality. He
addressed the phenomenon of “300 scripts from prosecutors on the day of
illegal immigrant workers being tried, argued that Reade worked with the
the raid said he became convinced that federal government in organizing fast-
convicted on criminal charges and the hearings had been organized for one
sentenced to prison - all in just four track judicial proceedings for hundreds
purpose alone: to produce guilty pleas for of defendants, and presided over
days!” the prosecution. As a result, the lawyer,
“Now the legal blueprint for those the cases.
Rockne Cole, “walked out in disgust,” Reade refused to recuse herself,
extraordinarily swift proceedings has
he wrote in a letter to a Congressional insisting that her teamwork with district
come to light, and it is raising questions
subcommittee. attorneys did not compromise her
about the close collaboration between
“What I found most astonishing,” he impartiality.
the federal court in Iowa [presided over
wrote, “is that apparently Chief Judge
by Judge Reade] and the prosecutors
Reade had already ratified these deals
COOPERATION OR
who pressed the charges,” the Times COLLUSION?
prior to negotiations between any of the
article noted. In another case cited by the Des
suspects and their lawyers.” The deals
[The separation of powers in the Moines Register, Reade denied a motion
“pushed people into pleading guilty,”
United States government is a key for recusal filed on behalf of 29-year-old
Cole said.
constitutional protection, indispensable Karina Pilar Freund, charged with aiding
“I hope I am wrong… but what from
in a democracy. It prevents the perversion and abetting undocumented immigrants
I infer, the overwhelming facts suggest
of justice typical of “kangaroo courts” at Agriprocessors.
a breathtaking level of coordination
in totalitarian societies, where the Freund’s attorney, Mark Brown,
between the U.S. District Court Judge
judge automatically rubberstamps the argued in court documents that Reade
Reade and Department of Justice
prosecutor’s findings.] took part in pre-raid proceedings
prosecutors.”
The Times report noted that following the ICE raid. He said that
“I nevertheless strongly encourage
preparations for the hearings following “Reade’s involvement in hiring Spanish
the committee to keep an open mind and
the raid “were overseen by Linda R. interpreters, contacting possible defense
to afford all officials involved in a fair
Reade, the chief judge of the Northern attorneys and coordinating court
hearing, which unfortunately was not
District of Iowa court.” It goes on to
given to the defendants in Postville,” proceedings calls the appearance of her
report that in an interview in May during
Cole concluded. impartiality into question.”
the hearings, Judge Reade said she had
Courts are not allowed to participate In her response, Reade said she was
begun to organize them the previous
in the plea agreements reached between “simply performing her official duties,”
December, when she was advised by
prosecutors and defense lawyers, and that the defendant “repeatedly
the immigration authorities to expect a
stressed Robert Rigg, president of the confuses cooperation with collusion.”
“major law enforcement initiative.”
Iowa Association of Criminal Defense Did trial observers at the Rubashkin
LAWYERS HAD TO Lawyers. trial also “confuse cooperation with
FOLLOW SCRIPTS Law professor Stephanos Bibas, an collusion?” Or did cooperation from
What was Judge Reade’s exact role? expert on federal criminal procedure the bench actually cross the line into
In organizing the hearings, she helped who studied the scripts at the request of collusion with the prosecution? As the
prepare the “scripts” that laid out in the New York Times, agreed. “The scripts full trial proceedings become a matter
great detail the plea deals that were do make it look as if the prosecutor and of public record, and as Reb Shalom
to be offered the illegal immigrants. the judge have worked it out ahead of Mordechai’s appeal moves forward, the
The scripts also included the official time and made it a fait accompli,” he public will hopefully learn the truth.

Perfidy in Iowa Page 75


November 20, 2009

Klal Yisroel,
Where Are You?

BY RABBI YISROEL BESSER

It was the night before Yom Kippur. Reb Yisroel. be the children, like my own nine-year-
I made my way up the steps of many Allow me to paraphrase the words old daughter, who asks me each day when
Montreal homes, accompanied by a of this great man. In this case, the Reb she comes home from school, “Totty,
new friend, Meir Simcha Rubashkin. Yisroels have shown they care. It’s the what happened with your friend? Will he
Warmhearted Yidden welcomed us, ‘Klal Yisroels’ who have fallen short. have to go to jail? I davened sooo hard!”
understanding that we were there for a I know that things look bleak right It will be the ones who opened their doors
cause. now for Reb Shalom Mordechai, but wide to Meir Simcha and his siblings -
As soon as my companion, Meir the way they look mean little to people who have spent most of their lives doing
Simcha, said his last name, they who inhabit the world that he does. It’s a the opening - smiling broadly and saying,
understood. That Rubashkin. Our hosts sublime place, one that, if we’re lucky, we “Come in.”
involuntarily squirmed when he said get to visit just before the tekiah gedolah They - the individuals - will be the true
who his father is, confronted - despite at the end of Ne’ilah. It’s a place of true, mechutanim.
themselves - with the deep discomfort unwavering bitachon, or clarity, vision And the groups? The ones with
engendered by the name. Was it guilt and security that there is a Plan. large legal departments and media
about not doing enough and not caring One has to see him and sit with him connections and massive banquets and
enough? to understand it. It’s almost tangible. No, conferences with the stated goal of
Meir Simcha, with trademark he doesn’t do the hyperbole thing, letting helping Yidden? They will scratch their
Rubashkin buoyancy and cheer, smiled pesukim and optimistic phrases fall from heads and try to explain where they
brightly and explained why we were there. his lips even when he doesn’t mean them. were when the Ribbono Shel Olam was
A child of wealth and privilege, married I saw him. I sat with him. accepting partners.
just eighteen months, sixteen of which He’s for real. The fact that someone has a beard
were spent back in Postville helping his The bloggers think his smile is one of and peyos doesn’t make him a victim of
mother cope, Meir Simcha asked Yidden smugness. It isn’t. He is smiling - even anti-Semitism if he finds himself on the
to open their hearts and wallets for his after the verdict - because he believes. He wrong side of law. The United States
father. believes! They are the smug ones, sitting government, for better or for worse,
To all those Yidden, thank you for your and passing judgment when the Mighty allowed Reb Shalom Mordechai due
warm response. You understood how hard Hand of the True Judge can come expose process. He had a hearing and a lawyer
it was for him. You saw that underneath them in a moment! and was found guilty by the jury. They
his confident smile was an inner world It’s entirely possible that the many were doing their jobs.
torn asunder by the painful ordeal. You guarantees and promises made to No one says that the government has to
reached into your pockets and withdrew those who choose the path of bitachon love Yidden, to be moser nefesh for them,
more than you could afford, hoping that will be fulfilled in Reb Shalom to believe in them. I am not disappointed
perhaps, this way, He would be merciful Mordechai, and we may yet see some in Uncle Sam. He has no mitzvah to love
on the impending Day of Judgment. surprising developments. He may just Yidden.
I learned, during the few nights that I win on appeal and then we will have But they, the organizations and
was privileged to go around with Meir the seudas hoda’ah that we are so foundations and conferences of kiddush
Simcha, just how deeply you really do anxiously awaiting. Hashem-worriers, do. At this point,
care. Once the initial skepticism imposed Do you know who the mechutanim will it makes no difference if Reb Shalom
on you by the silence of the Jewish be at that affair? Rubashkin made mistakes, if he is guilty
establishment and the vicious hatred of It will be the yechidim, the Reb and if he should have accepted a plea
bloggers faded away, you were more Yisroels out there. The hartzige Yidden bargain. At this point, the only thing that
than generous. who clipped the ads from Yated and should concern any feeling Yid is that
Rabbi Moshe Sherer zt”l is famously mailed in a check. The rabbeim, actuaries, Reb Shalom Mordechai is facing a bitter
quoted as saying that we have an achrayus grocery clerks and everyone else who was punishment. He may, chas veshalom,
to care not just about Klal Yisroel, but about touched and moved to contribute. It will never again see his children not behind

Page 76 Perfidy in Iowa


bars. He may miss out on their chasunos, set out to do that which he had come to Indeed, I told you to come. Step inside
and he may never again learn a blatt do, meeting with whomever he thought the room.”
Gemara in the yeshiva he loves so much. could help him. After a few days, he Rav Chaim excused himself from his
That’s what’s important now. decided to go remind Rav Chaim of his distinguished colleagues and sat down
I think that deep in their hearts, the promise to help and made his way to Rav with Yankel in a corner of the room,
professional askanim feel bad. They feel Chaim’s lodgings. listening closely as Yankel filled him in on
that maybe they should be doing more to He arrived and was greeted by a large the progress of his mission. He asked and
help him…but how can they? How can crowd in the waiting room. It seems that advised, finally hitting on a plan of action
they allow the blemish of association Rav Chaim was in the middle of meeting and promising Yankel that he would do
onto their impeccable résumés? What of a large group of gedolei Yisroel, great his part.
the public, looking on? rabbonim, roshei yeshiva and rebbes, Only then, when Yankel felt calm and
So we are left with the yechidim, the along with the most prominent activists reassured, did Rav Chaim return to his
heroes of this campaign, the anonymous and askanim, discussing issues of meeting. As they resumed conversation,
army of Yidden that has nothing to lose importance to Klal Yisroel. The crowd Rav Chaim detected that some of the
by being associated with this unpopular outside consisted of attendants and people at the table were puzzled by his
cause. gabbaim to the illustrious personages in behavior; he had kept them waiting, this
It’s true, an organization that publicly the room with Rav Chaim. important group, people to whom every
stands by him may suffer from it, from Yankel wasn’t deterred. The prospect minute was precious, while he had dealt
the message they are sending, but what of of spending the next few decades with the yeshiva bochur.
the message they send by ignoring him? fighting for Russia, marching across the Rav Chaim heard their unspoken
What of the message that it’s acceptable freezing wasteland, eating vegetables for question and looked around before
to watch a Yid flounder and fall? sustenance in the company of uncouth answering. Then, he said, “Rabboisai,
And to those who feel that they can’t soldiers, was a lot more unpleasant than everything that we discuss, deliberate
afford to take the chance, that to put having to fight for an audience with the and decide here is for what purpose? That
their legal teams and public relations Rov. He approached the door of Rav of Klal Yisroel. We are dedicated to Klal
committees at his disposal would hurt Chaim’s room and asked the attendant Yisroel and have made the trip here, to
them, allow me one story. if he could just, for a moment, go in and Warsaw, to help Klal Yisroel in whichever
The bochur, Yankel, was nervous, very remind Rav Chaim about his predicament. way we can. Well, rabbosai, that yeshiva
nervous. His entire future was literally The attendant informed him that there bochur, who sits and learn behasmada
at stake. Everything had been going so was no way he would be allowed entry. and just wants to get an exemption from
well. He had been learning well, growing Yankel argued back, insisting that Rav the army so that he can return to yeshiva…
and developing, and a bright future had Chaim had told him to come and that this he is Klal Yisroel!”
seemed assured. That had all been before was true pikuach nefesh. The attendant So to you, the organizations and
the dreaded envelope had come. Once it was adamant; no one was to disturb movements that are out there working for
had come, and with it the ominous draft the gedolim. the Jewish nation, I plead: Before you set
notice, his world had grown dark. The The shouts grew louder. The noise the agenda for your meeting, banquet or
prospect of being forced into the army, of reached the great men in the room and, kinnus, remember: This unassuming Yid,
facing many, many years with virtually no finally, Rav Chaim himself appeared the one who slept with a thin sheet and
hope for any sort of spiritual growth, was in the doorway. The embarrassed had no food this past Shabbos, he, with his
a horrible one. He had immediately left attendant indicated Yankel and Rav wife and ten children, the Yid who is just
yeshiva and headed for Warsaw, where Chaim took in the situation at a glance. like us, looking to Heaven and waiting for
he planned on using every bureaucratic “Ah yes, the bochur from the train. a ray of sunshine…he is Klal Yisroel.
means at his disposal to earn an
exemption.
It was on the train to Warsaw
that he caught a glimpse of the
noble face. Could it be? Was the
great Brisker Rov, Rav Chaim,
on his train? He took a few steps
back and looked again. Yes, there
was no doubt about it. It was Rav
Chaim Soloveitchik of Brisk.
He timidly approached the
gaon and shared his predicament
with him. “Could the Rov possibly
help me in any way?” Rav Chaim
told Yankel that, while in Warsaw,
he would be meeting with several
influential people and he would
try to help. “But please come to
where I am staying and remind
me,” he said.
Yankel took down the address
and returned to his seat. The train
arrived in Warsaw and Yankel

Perfidy in Iowa Page 77


November 20, 2009

Sadness in Sioux Falls

BY RABBI YITZCHOK HISIGER

I sit here just hours after having worked. Maybe the jury, like so many bochurim who had come to give him
heard the news. I am dumbfounded and other uninformed people, decided that if chizuk.
confounded. I am shaken up. I feel like a there’s smoke - even if the smoke was The detractors never conversed
ton of bricks has hit me. planted by the Federal government - there with this special neshama who, during
I am experiencing feelings I seldom must be fire. his very own trial, brought Torah and
have felt before. What blinded the five-man, seven- Yiddishkeit to Sioux Falls for the first
It is Thursday night. I should be taking woman jury at the federal courthouse in time, igniting the pintele Yid in a dozen
care of various Shabbos preparations, but downtown Sioux Falls? I don’t know. Jews who have been assimilated in the
instead I sit here unable to move. Was it anti-Semitism? Was it the site of melting pot of America.
How can I possibly go on with life like a bearded Jew that prevented them from They never bothered to sit down
nothing has happened? Our brother was seeing the truth? and study the case, and try to make
just been taken away, in handcuffs, by Reb Shalom Mordechai was targeted heads and tails of the charges that the
four officers, like a hardened criminal. for destruction by PETA and the prosecutors had thrown at Reb Shalom
A jury has found a good man guilty very unions which have destroyed Mordechai.
of dozens of charges in a case that was manufacturing in this country and sent They never bothered to try to
nothing more than a concoction of lies millions of jobs overseas. The Heksher understand why the government had
and misrepresentations. I wish I could Tzedek initiativewas partner in this greater targeted a vice president of the company
go out into the streets of America and let effort aimed directly to bring down this and blamed him for all the crimes that
the world know the truth. I want to tell successful company and family. they claimed were committed at the
people of the evidence and testimony that Even within our communities - and meat plant.
the judge, Linda Reade, did not allow the this is painful to say - there were and There never bothered to try to
defense to present to the jury. Most of there are those who believed the fodder understand how in the world the very
all, I want to let the world know that the that the mainstream press coughed up judge who ordered the unprecedented
American court system is broken. on a regular basis. raid on Agriprocessors back in May
As someone who was in the courtroom If the Federal government charged a 2008 could be the judge presiding
told me a day before the trial wrapped up, man with over 91 counts, how virtuous over the case against Reb Shalom
“If the masses knew the way the court can he possibly be? Right? Mordechai. Wouldn’t she be biased
system in America truly operated, there Wrong. against the defendant and attempt to
would be riots in the streets.” These people never met or spoke to steer the case in a fashion that would
A jury listened for four weeks to flawed Reb Shalom Mordechai. They never now justify her earlier decision to allow
and empty testimony and decided that Reb heard the voice of this man who lives the company to be raided?
Shalom Mordechai Rubashkin is guilty of with Hashem every breathing second In our world, we call that a nogeiah
86 of 91 charges. and has respect for the country we live b’dovor, a conflict of interest. In the
Their task was to consider whether the in and its laws. American justice system, it’s called,
defendant is guilty beyond a reasonable They never spoke to this individual well, justice, I guess.
doubt. Even without the crucial evidence who throughout this first trial was more Last Sunday, I spoke to Reb Shalom
that was withheld, the jury could not have worried about spreading the word of Mordechai. I picked up the phone and
possibly come to a logical conclusion that Hashem than the fact that he is being asked, in a voice filled with admiration,
Reb Shalom Mordechai is guilty beyond a judged for his very life. “Am I speaking with the semel (symbol)
reasonable doubt. They never spoke to this consummate of bitachon here in the United States?”
So perhaps the jury system is broken oveid Hashem who, during the days of He humbly laughed. He didn’t realize
too. Maybe it was bias. Maybe it his trial, was busy making copies of a that I meant it with every fiber of my
was sheer ignorance. Or perhaps the sefer at the local Staples store in Sioux being.
government’s shock-and-awe tactic of Falls. While awaiting the verdict, what He said modestly, “Mir darf hubben
throwing countless charges at their target was he doing? Giving a shiur to some bitachon.”

Page 78 Perfidy in Iowa


To him, it was so simple. You believe employees are treated at all the major in a criminal case.
in the Ribono Shel Olam. What the slaughterhouses in the United States, Chris Kelley, a University of Arkansas
Master of the World does is good and according to Attorney Lewin. They were law school professor, at the time, said,
with a reason. A Yid believes that there’s paid better and treated more humanely. “This is the first time in my life that I’ve
a plan. Even when you are the victim of But false exposés take on lives of their heard of that.”
a flawed judicial system and a biased own and people believe what they want Reb Shalom Mordechai’s attorney, Guy
judge, you maintain your trust in the to believe. Cook, addressed this charge at the time
Ribono Shel Olam. That’s Reb Shalom Federal officials then raided the plant, by stating that the livestock producers
Mordechai Rubashkin. something they never did at any other themselves, to this day, have a positive
Rabbi Moshe Feller of Minneapolis slaughterhouse or company accused of opinion of Reb Shalom Mordechai and
told me several weeks ago that Reb hiring illegal immigrants. As Mr. Lewin have said that his ‘word is gold.’ Agri
Shalom Mordechai is a “Tehillim Yid.” has pointed out, suddenly, under the always paid fair money and the cattle
He has been completing Tehillim daily Obama administration, immigration people were happy with the arrangement.
for years. officials have changed their policy The government tried to enforce a law
A pure and holy Yid. A Yid who knows and are no longer raiding plants. that has never been invoked and that has
the lashon hara spread about him, but is They have decided to simply to talk not been called into question by the cattle
undeterred and undaunted. to employers to get them to fire their producers themselves.
A Yid who lives with Hakadosh illegal employees. This was something The jury apparently recognized that.
Boruch Hu every day. the Rubashkins were always prepared What they failed to realize was that just
Halevai oif mir gezokt. to do. The government never gave them as this charge was patently preposterous,
It was thus so heartbreaking to that chance. the entire case against Reb Shalom
learn of the jury’s decision Thursday When I learned of the verdict Thursday Mordechai was no less spurious.
evening. I was numb. I knew the facts afternoon, I read that the jury had And what did the jury think about
and the fabrications. I knew that Reb acquitted Reb Shalom Mordechai on the fact that the government insisted
Shalom Mordechai was hampered in his five charges and wondered which ones on singling out Reb Shalom Mordechai
effort to provide evidence to prove his those were. I read: The jury found him exclusively for every minor and
innocence. not guilty of five counts of violating a law major violation they claimed to have
I tried to regain my bearings and I requiring payment of livestock providers uncovered? Why didn’t that invite
thought back to when this all started within 24 hours. suspicion? Frankly, how is it possible
several years ago. Allegations of animal Those following the case know that in a business so massive for one person
abuse were suddenly made by PETA, prosecutors alleged that the company to be single-handedly responsible
People for the Ethical Treatment of violated a 2002 order by the U.S. for every single alleged mistake and
Animals, after they planted someone in secretary of agriculture to pay cattle oversight?
the Agriprocessors plant undercover - in providers within 24 hours of a sale. The Why didn’t prosecutors ask even one
what noted attorney Nathan Lewin said charge stemmed from a 1921 law, the question - not a single one - of Aaron
was illegal trespass of the premises - and U.S. Packers and Stockyards Act. The Rubashkin while he was on the witness
took pictures of what was going on in the law requires “prompt payment” to protect stand? Perhaps, as Attorney Cook said
meat plant. livestock producers. later, questioning the true owner of the
I thought of the fact that from then, However, scholars who have studied plant might uncover information that
until now, the greater frum community the law said they had never seen it invoked would weaken their case against Reb
- with few exceptions, including our
publisher, Rabbi Pinchos Lipschutz
- did not sufficiently come to Reb
Shalom Mordechai’s defense. The
company that had provided meat to the
greater Jewish community for years -
and at no cost to countless kehillos and
mosdos - and should have received the
support of the Jewish community was
left hanging for the unions and others
to jump in and tear the company down.
These efforts were buttressed by
articles filled with distortions and
falsifications about the Rubashkins
printed in The Forward and on
countless websites and blogs. To this
day, shockingly, frum publications,
in print and online, have been almost
totally silent, failing to point out what
has been nothing less than a travesty
of justice, even before the verdict of
the Sioux Falls jury was handed down.
The Rubashkins treated
their employees better than the

Perfidy in Iowa Page 79


Shalom Mordechai. That couldn’t be moral and ethical man. There was no Shvuyim Fund established for Reb
allowed. They were following a script place in the trial for an “emotional Shalom Mordechai. I saw true achdus
and they were going to follow it all litany reciting the defendant’s good on the ground level, with Yidden of all
the way to the bitter end. There was no works,” Reade intoned. The defense kinds responding to the Yated’s appeal
desire for the truth. team was also forbidden to mention and sending in checks ranging from
They threw 91 charges at Reb Shalom politicians or elected officials who $2 to $10,000. Many of these checks
Mordechai. For what? For bank, mail and had toured Agriprocessors in the past, were accompanied by thoughtful notes,
wire fraud, which are all the very same and had publicly lauded the plant, its heartfelt brachos, and offers to help out
charge. The government was on a mission management, operations and contribution in any way. I saw checks from Jews
to overwhelm the jury. to the community. down south and donations by Lakewood
Cook told the jury, “You’re supposed The defense was admonished to avoid yungeleit who barely have enough to
to think, ‘Ninety-one counts? He must all mention of the challenges the family sustain their own families. There were
have done something terrible. Even if he’s faced in dealing with their 16-year old addresses from out West and donations
only guilty of a quarter of them, he must son’s autism, lest it evoke sympathy from prominent rabbonim and askanim.
be a criminal!’” from the jury. The diversity of the donors was
Sadly, the government’s ploy seemed What a shandeh. What a disgrace. touching. I saw how people cared.
to have worked. The jury fell into their The suppression of other important Rather than the cynicism and antipathy
trap. testimony had the effect of straight- that some would have us believe prevail
How about the fact that of the 50 jacketing the defense. It cleared the way out there, I saw care, compassion and
witnesses the prosecution called, none of for the prosecution to paint Reb Shalom sensitivity.
them - not one - who had any acquaintance Mordechai as a conniving law-breaker My heart swelled with pride, because
with Reb Shalom Mordechai had a bad who enriched himself and his family by
word to say about him? I knew that the Ribono Shel Olam could
defrauding the bank and exploiting the only be shepping nachas from the
Consider the fact that in pre-trial immigrants in his employment. Even
rulings, Reade had separated the charges unbelievable exhibition of thought and
when attorneys argued that the above concern being shown. It is heartwarming
of bank fraud from immigration-related testimony was important in disproving
charges, calling for two separate trials, to consider that in this economy, with
money-laundering allegations, or to many struggling as they are financially,
and yet this ruling was repeatedly violated dispel insinuations that Reb Shalom
during the actual trial. Reade had said that people have truly taken to heart the plight
Mordechai lived a lavish lifestyle by
combining the multiple issues and charges of a Jew they never met and knew very
misappropriating funds, Judge Reade
would confuse the jury, making a fair little about until recently. Mi ke’amcha
rigidly imposed her restrictions.
trial impossible, but she still inexplicably Yisroel.
The shabbiness of the government’s
permitted the prosecution to call up no case despite the omission of this ME OR YOU
less than seven witnesses to testify about testimony was apparently still lost on the Despite what others may say, this
illegal immigrants being harbored at the jury. Reb Shalom Mordechai was trained entire effort to destroy Reb Shalom
meat-packing plant, allegedly with Reb as a rabbi, not a businessman, and any Mordechai was not an isolated case.
Shalom Mordechai’s knowledge. alleged sloppy business practices that It was an attack and an assault on
Most disturbing, perhaps, is that might have occurred didn’t amount to shechitah in general. Today it was Reb
crucial evidence by the defense team in crimes. Shalom Mordechai and tomorrow it
establishing Reb Shalom Mordechai’s It would appear that the government could be the new company in Postville
innocence was repeatedly barred by and the judge had their minds made up and its owners who bought the plant
Judge Reade. Witnesses who had traveled before this trial began. They had targeted and have reestablished the operation
considerable distances to testify were told on the sweat, blood and tears of the
Reb Shalom Mordechai and they were
by the judge that their information was
hell-bent on accomplishing what they set Rubashkins.
not “relevant” and could not be presented
out to do. A family business that provided more
before the jury.
A SILVER LINING charity and tzedakah than any of us will
“401. 402. 403.”
Amidst all the darkness and gloom, ever know has gone up in smoke. Its
Those are the numbers of the court
rules that were cited again and again there have been streaks of light and founder, 80-year-old Aaron Rubashkin,
and again throughout the case by Reade, inspiration. There is, first and foremost, has watched as his own son, whom he
ruling that certain evidence and testimony the unbending - and almost supernatural asked to assist with the running of the
were not “relevant.” - spiritual strength of Reb Shalom company, has been sacrificed on the
Reade said she was afraid that certain Mordechai. altar of the American justice system.
topics would sway the jury in the At the same time, there has been an We sit here powerless, as PETA, the
defendant’s favor. absolutely remarkable outpouring of unions and others wait in the wings to
G-d forbid. support from Yidden across the country. destroy other companies. They await the
Reade did nothing less than deprive the No one knows about it, because those opportunity to pounce on other shechitah
defense team of opportunities to prove who have decided to contribute to this operations. And they won’t stop there.
Reb Shalom Mordechai’s innocence. cause have, on their own, done so from As this case has shown, any yarmulke-
What was considered taboo, you want the privacy of their homes, writing out a wearing Jew running a business better
to know? check or donating by credit card to take look over his shoulder.
Reb Shalom Mordechai’s generosity. part in this effort to help a Jew caught in Today the blood libel was against Reb
His charitable activities. His care and witch-hunt. Shalom Mordechai.
concern for others. Any demonstration I recently looked through some of Tomorrow the victim could be me or
that this is an upstanding, law-abiding, the checks that came in for the Pidyon you.

Page 80 Perfidy in Iowa


November 20, 2009

The Truth
about the Trial

BY DEBBIE MAIMON

Nothing exposes the government’s from the fraud trial, actually played a key expediting their sentencing.
flawed, overzealous prosecution of Shalom role in the jury’s guilty verdict. What is one to make of this breathtaking
Mordechai Rubashkin as much as the U.S. Prosecutor Peter Deegan disregard of due process, the most basic and
prosecution’s decision two weeks ago to acknowledged as much in his motion to fundamental right of every citizen in this
drop all 72 immigration charges against him. dismiss: “The jury’s verdicts on several country? Read on. It only gets worse.
This move followed just a few days after of the fraud counts were premised, at least ‘DIRTYING UP’
Shalom Mordechai’s conviction on bank in part, upon the defendant knowingly
fraud charges, in a trial marked by bizarre [misleading] the bank with regard to THE DEFENDANT
irregularities and one-sided rulings from the harboring undocumented aliens…” he wrote. Defense attorney Guy Cook protested the
bench that all but pre-determined a guilty Jurors already heard much of the evidence prosecution’s tactics of “dirtying up” the
verdict. of Rubashkin’s guilt in regard to immigration defendant with unrelated charges in order to
The move to dismiss immigration charges violations, and even “premised” their verdict criminalize him in the jury’s mind.
took many by surprise. Prosecutor Peter Prosecutors were required to prove that
on it. The “public interest would not be
Deegan, in his motion to dismiss, stated Shalom Mordechai had “criminal intent”
served” by repeating the process, Deegan
that his reasoning was that a conviction on in his dealings with the bank, but lacked
said.
immigration charges would be completely the evidence to support fraud and money-
Wait. Let’s have that again.
“eclipsed” by the severe sentence Shalom laundering charges. Their strategy was to
Prosecution rides roughshod over Judge
Mordechai faces for bank fraud. He also prop up a weak case by selling the jury a
Linda Reade’s ruling to exclude immigration
cited the expense of a second prolonged trial sinister profile of a man who played fast and
testimony from the bank fraud trial; sneaks
and the inconvenience to the witnesses. loose with immigration laws, by harboring
in many hours of such testimony; uses it to
The decision was hailed by defense aliens, conspiring to engage in Social Security
paint the defendant as an arrogant lawbreaker
attorney Guy Cook, who said the charges fraud, and other immigration-related crimes.
which persuades the jury to return a
should have been dismissed long ago, and These tactics worked, but only because
sweeping guilty verdict - only to drop all 72
that the dismissal vindicated his client. Yet Judge Reade made sure they were not
immigration charges afterwards?
many who followed the case closely suspect undermined by defense witnesses who
Simply put, the prosecution won a
the prosecution’s move was self-serving. challenged their credibility. These witnesses
conviction that can send a man to jail for life
They feel it was driven by an unwillingness included lawyers, CPAs and ordinary citizens
based in large measure on charges that have
to hold a trial that might end up focusing who came forward to prove that Shalom
now been totally dismissed!
unwanted scrutiny on the government’s Mordechai had hired lawyers to help resolve
If that isn’t scandalous enough, what of
actions in connection with the raid and the his immigration problems prior to the raid.
the prosecution’s manipulation of the jury by
excessive prosecution of Shalom Mordechai Their testimony exposed the falsity of the
mixing immigration-violation testimony into
Rubashkin. charges of bank fraud and money-laundering.
the fraud trial - with an apparent green light
HOW PROSECUTORS Yet the jurors never heard a word of
from the bench despite Reade’s earlier ruling
their testimony. They were sent out of the
WON THEIR CASE forbidding it? courtroom while these witnesses took the
How were charges deemed so serious The likelihood of confusing the jury by stand.
that they were used to justify the devastating mixing the charges is precisely why Judge Cook said this subversion of the jury
raid at Agriprocessors so simply dropped? Reade ruled they should be separated. Yet, process would be a key argument in Shalom
Weren’t immigration violations part of the over the defense’s objections, she allowed Mordechai’s appeal. “The government
very backbone of the government’s case? the testimony, ignoring three defense motions poisoned the financial trial with prejudicial
The charges of harboring aliens and calling for a mistrial. evidence from the immigration charges,
aiding them in document fraud were in fact This is the same judge who not only which for their own reasons they have now
responsible for almost half of the 163-count authorized the raid on Agriprocessors, but dismissed,” he said.
indictment against Shalom Mordechai. Not helped prepare the plea bargain scripts
only that, but the now-dismissed charges, that illegal immigrants were forced to use, PUTTING ICE RAID
although they were supposed to be barred and worked actively with prosecutors in ON TRIAL
Perfidy in Iowa Page 81
Critics of the government’s ICE raid up in the November cold shoeless, wearing officials about the open-records request,
on Agriprocessors, including immigration light prison-issued clothing and socks with defense lawyers sued for the information
lawyers and activists for immigration reform, thin soles, a community spokesmen told The under the Freedom of Information Act.
were deeply disappointed by the dropping Gazette, a local paper. “Despite several requests for production of
of charges. They had hoped to use the trial WHAT AN IMMIGRATION the information sought, it is apparent ICE
as a platform to expose the mistreatment will not honor Shalom Rubashkin’s FOIA
of the men and women who were seized TRIAL WOULD UNCOVER requests without legal pressure,” Guy Cook
and prosecuted. Sharp criticism of the If the immigration charges against Shalom and Montgomery Brown wrote in the lawsuit.
unprecedented harshness that characterized Mordechai were allowed to go forward and An immigration trial would have
the raid continues to hound ICE and has these witnesses had a chance to testify, ICE produced evidence that would have crippled
led to the formation of a congressional officials would be forced to address a number the prosecution’s charges that Agriprocessors
subcommittee to investigate the matter. of burning questions. not only knowingly hired illegal aliens, but
Many say the trial’s dismissal, in addition “They’d have to answer why illegal aided them in document fraud. The plant
to avoiding unnecessary expense and immigration was singled out and criminalized twice rejected the employment application
inconvenience, saves ICE authorities from at Agriprocessors in a way it has never been of a federal “sting” informant because of
being “put on trial” themselves. Having their before,” writes Dr. Erik Camayd-Freixas, fraudulent work documents.
actions in connection with the raid subjected a professor of Hispanic studies at Miami He was hired the third time he applied
to scrutiny might open up a Pandora’s box. University, who also served as a court after authorities equipped him with legitimate
Critics want to know how and why appointed translator for arrested immigrants papers, and he was thus able to infiltrate the
the huge, coordinated effort that required at Agriprocessors. plant. With clear evidence that the plant
intense planning and vast resources before it “A year later, it is clear that the feds had screening procedures in place and did
swooped down in May 2008, seizing about crushed hundreds of workers and their not indiscriminately hire illegal aliens,
400 workers, was first launched. Who gave families, at an unprecedented scale, to build “prosecutors knew their case was tenuous,”
the go-ahead to this enforcement action? Who an exemplary immigration case against noted Washington attorney Nathan Lewin.
wrote the “stage instructions” for shotgun- Shalom Rubashkin,” he said. “Dropping Is this why they decided to cook up a bank
wielding agents in heavy riot gear to break those charges now as unnecessary makes the fraud case against Rubashkin?
down doors and corral the workers, whisking raid all the more scandalous. Had an immigration trial gone forward,
them away in chains to makeshift courts and “Under the old way of doing things, the ICE officials would have had to address
detention centers in northern Iowa? illegal workers would have been simply the fact that prior to the raid, the plant had
At this far-flung location, far from their and swiftly deported. Instead, more than retained a prominent international law firm to
homes and family members, the immigrants, 260 were charged as serious criminals for negotiate with ICE officials so as to resolve
most of whom spoke no English and were “aggravated identity theft” - for using false the immigration problems and remove illegal
given minimal translation, were pressed to Social Security numbers, and most were employees. The law firm had represented a
plead guilty and serve five to 12 months in sentenced to five months in prison.” large beef-slaughtering operation that had
prison, or face a maximum of 10 years and a At an immigration trial, officials would employed hundreds of illegal aliens, and
$250,000 fine at trial. be forced to address the fact that a few these lawyers had succeeded in avoiding a
Their plea agreements had been pre- months following the raid, the US Supreme raid.
scripted by government authorities, one of Court slammed the charges of ID theft that But in the case of Agriprocessors, the
whom was Judge Linda Reade, and required were used to coerce guilty pleas from the federal agents refused to call off the planned
the immigrants to admit to aggravated immigrants. The court said identity theft raid. Why? The brutal enforcement action
identify theft - a charge that carries serious applies only when the defendant knows and the attendant national publicity poisoned
prison time - and to cooperate with the the correct identity of the owner whose public opinion against Shalom Mordechai
government in helping to prosecute others. documents he steals. and the company.
In the case of the illegal workers, most had
Even after serving their five-month
no clue about the significance or content of
WHAT BECAME OF THE
sentence, the ordeal continued for some 40 of GOVERNMENT’S LURID
the “convicts,” recalled against their will as their false papers. Their convictions should
material witnesses in the charges now being therefore have been vacated and the people ALLEGATIONS?
dropped. freed. Why weren’t they? Remember the first reports that hit the
Why was Agriprocessors targeted when it press right after the government raid last
WITNESSES BEGGED is widely known that the livestock industry year? Agriprocessors was painted as a den
TO BE DEPORTED uses illegal immigrants extensively? With 19 of iniquity by an ICE affidavit that allegedly
Now that they are no longer needed, they million illegals and a cloudy policy at best, uncovered lurid criminal activity.
are begging to be deported. They have no why was Agri singled out? In an immigration In addition to harboring aliens, and
livelihoods, homes or community to return trial, these questions could no longer be exploiting and mistreating their workers, the
to in this country. After more than a year stonewalled. plant was accused of being a front for drug
in legal limbo and electronic shackles, with Shalom Mordechai’s lawyers have production, of harboring a meth lab within
the families they supported enduring severe for months been requesting documents its facility. Weapons and bombs were said
hardship, they have only one desire: to be explaining how the raid was planned, to be present in the plant. One affidavit even
allowed to leave the country and rejoin their organized and executed. They want to quoted a worker who claimed he was tied up
families in Guatemala and Mexico. know how the operation was justified, by a rabbi.
Local community leaders in Decorah how authorities arrived at the presumption The lies and fabrications were so
and Postville, Iowa, said federal authorities that violation of the law was the norm at ludicrous, they would have been laughable
dumped the potential witnesses in their Agriprocessors. ICE officials have repeatedly had they not been gobbled up by a media and
towns without making arrangements for their shunted aside their requests. a public willing to believe the worst.
housing, food or work. The men showed After three follow-up letters asking ICE Whatever happened to these wild,

Page 82 Perfidy in Iowa


slanderous allegations? “If ICE truly believed even one hour and never corroborated the unless the invoices are used to defraud
in the veracity of the document it publicized video. Rabbonim and poskim verified that someone,” and prosecutors failed to prove
so openly, it would have dispatched a shechitah procedures were being followed that the bank - or anyone else - was defrauded.
HAZMAT (Hazardous Materials) team to the exactly according to Torah law. “The bank was not defrauded because it
site at the time of the raid,” noted attorney Independent audits of the company and really did not care what the invoices showed
Lewin at the time. exhaustive reviews revealed no instances of and could readily have discovered the truth,”
Lewin added that following the raid, inhumane slaughter, and gave Agriprocessors Lewin explained in correspondence with the
state and federal officials began speaking high marks for both its handling of livestock Yated. “Thus, no crime was committed. At
out against Agriprocessors “without any and its slaughtering procedures. best, it may have been a technical offense
independent inquiry or due diligence.” The ANTI-SHECHITAH GROUP that did not warrant the massive charges
allegations dominated the headlines for
GAINS MOMENTUM brought against Shalom Rubashkin.”
a while, swiftly turning the tide of public
opinion as elected officials railed against Yet PETA was relentless. Their agenda to Lewin said he believes “a neutral and
Agriprocessors. put an end to shechitah in the United States fair federal prosecutor - not blinded by the
received a boost when their aggressive smear prospect of enormous publicity for going
PUBLIC OFFICIALS campaign against Agriprocessors won the after a high-profile target - would never have
RUSH TO JUDGMENT alliance of the United Food and Commercial brought Rubashkin to federal court on bank
Iowa Governor Chet Culver utilized his Workers Union (UFCW), a powerful fraud charges.”
position to slam Agriprocessors for taking labor union known for forcing businesses Yet prosecutors in this case did so, and
“the low road.” He publicly outlined the into submission, as well as the Forward were successful in dressing up minor offenses
stringent measures he would take against newspaper. as bank fraud, he said.
the plant, yet turned down an invitation to Joining forces, these elements wielded
visit the plant for himself and develop an formidable influence in both the public and PUNISHMENT
informed position. political arena, and succeeded in demonizing ‘STAGGERINGLY
A group of uninformed Jewish Agriprocessors and its management. DISPROPORTIONATE’
congressmen sent a critical letter to Aaron The Union was determined to make Agri “Shalom Rubashkin has been given a raw
Rubashkin, which echoed many of the libels “pay” for refusing to unionize, and their deal,” concurred the OU’s Rabbi Menachem
circulated by PETA (People for the Ethical tactics extended even to Jewish communities
Treatment of Animals) - the extremist Genack. “The excessive prosecution of this
in Boro Park and Flatbush, who received man is staggeringly disproportionate to his
animal-rights group - and the UFCW (labor automated phone calls slandering Agri’s
union known for its strong-arm tactics). mistakes. Rabbi Genack noted that Shalom
products. The Forward began a series of
Then-Senator Barack Obama even threw in Mordechai “maintains his innocence of
articles, many of which were filled with
a few barbs against Agriprocessors while misrepresentations, lies, and false statements bank fraud charges, and indeed, anyone who
campaigning. against Shalom Mordechai Rubashkin. had dealings with him can vouch for his
Who was behind all of these wild integrity.”
allegations and the pressure brought to bear
SMEAR CAMPAIGN He added that in his own visits to
The net effect of the smear campaign the plant, he never saw the slightest
on public officials? To many, they seemed to
was predictable, culminating in the almost
carry the fingerprints of the anti-Agri ‘cabal,’ “cutting of corners in either halacha or
universal vilification of an innocent man.
consisting of the PETA people, Union ethical conduct. USDA inspectors were
Under its steady exposure, support eroded
officials, and left-wing Jewish groups. in the plant at all times, and they never
for Shalom Mordechai and Agriproessors,
The reaction was catastrophic. The liberal reported a violation of any kind,” he noted.
Jewish media churned out story after story of even in the Orthodox Jewish community.
As a result, Shalom Mordechai was “Few media outlets described the
abuse and negligence by Agriprocessors. The extraordinarily good side to this man, his
JTA ran an almost daily update. Many liberal convicted in the courtroom of public
opinion long before he had his day in court generosity and kind-heartedness toward
Jewish journalists showed up in Postville everyone, Jew and non-Jew,” Rabbi Genack
hoping to obtain incriminating information this past month. Most dishearteningly, the
prosecution’s campaign to portray him as said. “The Yated is an outstanding exception
for their columns. They even went into the
the mastermind of a massive fraud scheme - and deserves tremendous credit for rallying
local church and took quotes from hostile
based on empty allegations and insinuations behind Shalom Mordechai.”
spokesmen.
The decline of Agriprocessors had been - had made inroads in the Orthodox Rabbi Genack believes that “whatever
set in motion. community. lapses may have occurred under duress when
Comments from intelligent people reveal he was scrambling to save his company, do
CONNECTING THE DOTS a breathtaking lack of information about not warrant the kind of excessive prosecution
Nathan Lewin, who at one time represented the case, and worse, a lack of sufficient and lifelong punishment that should be
Agriprocessors, traces the demonization of interest and motivation to probe beneath reserved for hard-core criminals.”
the meat-packing plant and particularly of the media hype for the truth. Hearing about
Shalom Mordechai Rubashkin to events of “This is a man who - unlike a notorious all-
“fake invoices” allegedly approved by time swindler people like to compare him with
five years ago when PETA sneaked one of Shalom Mordechai has propelled people to
their agents into the plant. The agent took - lived modestly, was kind and trustworthy,
snap judgments, casting an honest man as a and never fleeced a single customer. Even
a secret video of cows being slaughtered, swindler.
after which the animal-rights group released after the raid, under impossible pressures,
the video, claiming it showed the abuse of BANK FRAUD CHARGE he kept his payments to the bank coming
animals. DOESN’T STAND UP punctually. To keep his commitments, he and
The USDA, which monitors the plant As attorney Lewin points out, even his family mortgaged everything they owned.
and has a team of more than 20 inspectors assuming the charge to be true, “the creation If anyone is deserving of sympathy, support
continually on site, never closed the plant for of fake invoices is not a criminal offense and leniency, it is Shalom Rubashkin.”

Perfidy in Iowa Page 83


December 25, 2009

Rubashkin Lawyer Speaks Out

BY DEBBIE MAIMON

Chanukah has come and gone. For some earned that kind of trust,” Cook added. immigration charges could not be mixed in
of us, the days flew by in a whirlwind “Reason dictates that such a person would with the bank fraud trial.
of celebration and activity. But not never betray his friends, and would never It’s an old trick and it worked like
for everyone. For Sholom Mordechai dishonor himself by fleeing.” a dream, Cook said. Incriminate the
Rubashkin, waiting patiently in an Iowa jail The attorney said that the court of appeals defendant on an unrelated matter, and the
while a court of appeals weighs a judge’s was asked to note that in just a couple of job of convicting him on the charges he’s
decision not to grant him bail, time seemed days after the jury’s verdict, well over a standing trial for becomes much easier.
to be crawling. thousand letters to Judge Reade poured Cook slammed the prosecution for
After prolonged negotiations with in, testifying to Sholom Mordechai’s the “shock and awe tactics” in creating a
various prison officials, Aleph Institute, trustworthiness in keeping a promise. sweeping 163-count indictment that he said
a Florida-based organization that offers The court was also asked to look at overwhelmed the jury.
services to Jewish prison inmates, won the ten months of bail compliance he “Where did this astounding number
permission for Sholom Mordechai to light had already demonstrated in the months come from? If you look into the counts,
Chanukah licht. In view of the regulations leading up to the trial, as well as the extra you see that they consist of a very small
forbidding fires of any sort, and the guarantees his lawyers had offered. These number of charges that were duplicated
vehement opposition they encountered from included an electronic monitoring ankle and subdivided again and again. It’s as if I
officials, the granting of special permission bracelet and home detention, as well as 24- were arrested for J-walking, and was then
was embraced by the Rubashkin family as hour armed surveillance at the Rubashkins’ charged separately for each and every step.
a miracle in its own right. It buoyed their expense. That’s what the government did with the
trust in Hashem for a full yeshuah. Defense Counsel bank fraud charges. A single charge sliced
Each night of Chanukah, a guard Takes Yated Behind The Scenes up into 86 pieces,” said Cook.
escorted Sholom Mordechai from his cell Guy Cook shared his perspective with Jacking up the counts to a shocking
to a cinder-block room. There he lit his the Yated on some of the key issues in number was “duplicitous,” he said, because
menorah and was given an hour’s respite the case, particularly as they pertain to it wrongly prejudiced the jury, making it
to gather his thoughts and daven, while the appeal now being drafted by Sholom easy for them to view Sholom Mordechai
gazing into the tiny flames as they lit up the Mordechai’s new legal team. Cook is as a criminal. It also guaranteed that a
bleak surroundings. working with noted Washington attorney guilty verdict would result in a long prison
In a lengthy interview with the Yated, Nathan Lewin and other lawyers on the sentence.
attorney Guy Cook, who appealed Judge appeal, which can be filed only after a How Non-Crimes Became Federal
Linda Reade’s bail decision, says that sentence is handed down. That could take Felonies
justice moves slowly, but he is very hopeful another month. Cook said the problem facing the
that the bail denial will be overturned in Cook said he is troubled by what he prosecution was that the evidence didn’t
the coming days. He mentioned the strong calls the “duplicitous, dishonest” tactics support the sinister image they wanted to
arguments in the motion filed last week. used by the prosecution which he feels project of Sholom Mordechai as an arrogant
“We’re talking about someone for whom robbed Sholom Mordechai of a fair trial. lawbreaker. It was necessary to stretch the
43 people offered their homes as guarantees He cited the abuse of the grand jury truth, to dress up non-crimes as federal
that he wouldn’t flee. That’s over 8 million system; the trick of massively inflating the felonies, in order to win a conviction.
dollars in equity. Rabbis came forward indictment; intimidating and manipulating And it was necessary to position
to offer their synagogues’ holy scrolls witnesses; and prejudicing the jury against Sholom Mordechai as the mastermind who
worth hundreds of thousands of dollars as the defendant by cloaking non-criminal orchestrated the practice of the so-called
collateral. Guarantees of this magnitude are offenses as serious felonies. “fake invoices,” which then became the
simply unprecedented. Equally destructive, he said, was the prosecution’s “smoking gun.”
“People don’t put themselves on the prosecution’s sneaking in three days Sholom Mordechai testified that while
line to such a remarkable extent unless of immigration-violations testimony, he knew about the inflated invoices, he
the person they’re vouching for has after Judge Reade had earlier ruled that did not generate them. They were part of

Page 84 Perfidy in Iowa


a system put into place before his tenure as lackadaisical policy, this unspoken policy extra funds from the business for his own
manager of the company began, and were of ‘Keep the payments coming and don’t use, tried to “launder” it through a Jewish
perpetuated by Agri’s financial department bother me with the details?’” school, or used it to buy false papers for
under CFO Yom Tov Bensasson and CPA Invoices Treated Like Paper Money undocumented workers in the plant.
Mitch Meltzer. Both men advised him that “The answer,” says Cook, “is they didn’t Yet, these witnesses, too, were silenced.
the system was acceptable to the bank. look too closely because they didn’t want The prosecutor’s repeated shouts of
Earlier this year, Bensasson and Meltzer to upset the apple cart. They were making “Objection, 403!” (legal abbreviation
pleaded guilty to bank fraud. At the trial, a killing off this high-interest loan, the for “Objection to testimony that might
they were the prosecution’s two lead payments came in reliably, and that’s all sway the jury by arousing sympathy for
witnesses against Sholom Mordechai, that mattered. So the invoices were like the the defendant!”) were sustained. The jury
shifting the blame for the invoices onto paper money you use in Monopoly. You was instructed to leave the room while the
their former boss and friend. know it’s paper money and the other players witnesses testified to an empty courtroom.
[Under cross-examination, Bensasson do, too. There’s no deception involved. Bogus Charges and Red Herring
admitted to having agreed to testify against Observers may wonder, does it really The prosecution tried every possible
Sholom Mordechai in return for a “deal” - matter what the bank knew or could easily avenue to criminalize Sholom Mordechai,
a reduced sentence. Like most of the other have known about the inflated invoices? alleging that he had misused Agri funds to
prosecution witnesses, Bensasson was not Isn’t the very act of creating false invoices buy jewelry and that “a cache of valuable
told what that sentence would be until after itself illegal? The answer, says attorney coins” was purchased by him and sent to a
the trial. The tactic ensured that he would Cook, is no. It is only illegal if the one strange address.
earn his “reward” by performing well on who wrote the invoice intended to mislead In addition, prosecutors charged that
the witness stand. (defraud) the other party. money that should have been paid directly
Other witnesses admitted under cross- This issue - the question of “criminal to the bank was diverted to other sources
examination that they were coached and intent” - cuts to the heart of the charges and once again “money-laundered.”
warned about how to answer questions, against Sholom Mordechai. The One by one, these bogus charges
and to focus their testimony on Sholom prosecution claimed that the creation of were punctured. Guy Cook produced the
Mordechai alone. Their plea deals were padded invoices clearly proved intent to cancelled checks that showed that Sholom
apparently “performance-based” - with the defraud. Mordechai had docked certain amounts
reduced penalty or punishment to be handed Yet, two leading CPAs, one from from his paychecks as repayment of money
down only after the trial, according to how Brooklyn and the other from Iowa, took borrowed from Agri to buy engagement
well the witness stuck to the “script.”] the stand to testify that after studying all gifts for his son’s kallah.
available data, they were convinced there The mysterious “valuable coins” turned
Bank To Agri: Don’t Bother was simply no way the bank could not out to be nothing more than a supply of
Me With The Details have known about the inflated receivables. silver dollars he had bought to be used in
What are the true facts regarding the The inconsistencies were so glaring, any shul for pidyon habens and other occasions.
“fake invoices”? What was their precise layman would have spotted them. To Montgomery Brown showed how the
function and were they in fact illegal? claim the bank was deceived totally defies money-laundering charges were false,
Shedding light on a misunderstood aspect common sense, the accountants said. inasmuch as all payments reached the
of the case, Cook explained to the Yated Important as well is the fact that, as bank, although not always punctually on
that these invoices from Agriprocessors mentioned, the invoices were part of the due date. “At the very most, you might
inflated the company’s receivables. They a system that existed prior to Sholom call the late payments a breach of contract,”
provided documentation that the lender Mordechai’s tenure, created by Agri’s said Brown. “To call it money laundering
bank required to justify to its investors financial department under CFO Yom Tov is misleading and untrue. It’s simply a red
the ongoing deal they had with the meat- Bensasson and CPA Mitch Meltzer. herring” [i.e., it diverts attention from the
packing plant. The deal provided Agri Defense Counsel: Errors From The main issue].
with loans from a $35 million credit line Bench Cost Sholom Mordechai A Fair Trial Why, then, did the prosecution employ
in return for exorbitant interest rates that But the CPAs’ testimony - so crucial the term “money-laundering”?
enriched the bank to the tune of millions to the defense - never reached the jurors. “For the same reason they used
of dollars. Judge Reade ruled that the testimony was emotionally charged language like
So profitable was the arrangement for inadmissible and sent the jury out of the ‘cheating,’ ‘stealing,’ ‘lying’ and
the bank that their officials chose not to room. Her reason? “It’s not the bank who ‘masterminding’ to describe non-criminal
look closely at Agri’s paperwork, or to is on trial.” behavior,” Cook said. “Because even
conduct even the most basic GAAP audit “The judge clearly erred in not allowing though it’s misleading and manipulative
(a widely accepted set of procedures for their testimony,” said Cook’s co-counsel - and we feel we exposed that - it still
reporting financial information). Montgomery Brown. Reade compounded impacts a jury.”
“The reviews they did conduct were so that error with other one-sided rulings,
superficial, they were a joke,” said Cook. such as the barring of witnesses whose Being Forced To Box
“Imagine bank auditors driving by Agri testimony disproved the allegations of In A Telephone Booth
and calling out, ‘Hey you guys. How’s money laundering. By barring the most important defense
business?’ ‘Great!’ someone answers. Brown said that a number of witnesses witnesses, Cook said that Judge Reade in
‘That’s mighty fine. Keep it up fellas!’ the traveled to Sioux Falls to testify that they effect prevented Sholom Mordechai from
auditors yell back and drive on. had received tens of thousands of dollars having his day in court. “It was like having
“Of course that’s a simplification. But in charity from Sholom Mordechai to help to box in a telephone booth with your hands
it gives you a pretty accurate idea of how them through a crisis or in times of need. tied behind you. Even if you could free
casually the bank ran things with Agri. Their testimony collapsed the prosecution’s your arm, how could you defend yourself?
The question is: what was behind this allegations that the defendant had pocketed How could you land a punch?”

Perfidy in Iowa Page 85


Cook recalled the frustration of having the official said. very carefully in their interviews with the
a strong defense crippled by unreasonable ICE Trying To Boost Arrest Statistics? Yated, one can sense the outrage they share
and prejudicial rulings from the bench. He “Why did ICE prefer a raid over peaceful with Sholom Mordechai and his family
said that by allowing the prosecution to negotiation and resolution?” asks Cook. He over a judicial process that demonized
hammer away at immigration violations for answers his own question: “They wanted an innocent man. “We spent hundreds of
three days, Judge Reade violated her own big action with splashy theater.” But this hours with this person,” Brown says. “We
ruling and as much as guaranteed that a fair only leads to a string of deeper “whys.” got to know him well. We regard him very
trial was impossible. Why throw millions of dollars into an highly.”
Reade ignored Cook’s objections, and operation that isn’t necessary just to make The government’s excessively harsh,
his warning that he would call for a mistrial a splash? Why destroy a town, uproot unreasonable treatment of Sholom
if the improper testimony continued. She families and tear apart so many lives? Why Mordechai defies understanding, Cook
allowed the proceedings to continue, as pick a kosher meat-packing plant in the says.
Cook called for a mistrial not once but middle of nowhere? “They bring him to bail hearings in an
three times during the next three days. Yet Some say that higher-ups in ICE orange prison jumpsuit, handcuffed at the
there was no way to prevent jurors from needed to justify a massive budget for an wrists and at the waist, with leg shackles.
being inundated with prejudicial testimony organization that was primarily designed to What are they afraid of? That he’ll take a
of witnesses who had been coached to guard America’s borders from dangerous flying leap over the balcony and make a
point to Sholom Mordechai as the person terrorists. Showing an impressive record of run for it in his orange prison clothes and
responsible for every violation in question. arrests and convictions creates the illusion handcuffs? It’s ridiculous beyond words.
The judge’s suppression of testimony that ICE is keeping Americans safe. I asked them to please remove the chains.
vital to the defense; allowing the The problem is that criminality and They took off the handcuffs, but that was
prosecution’s litany of immigration terrorism do not provide enough daily it.”
testimony against Sholom Mordechai; business to maintain the readiness and He marvels at the strong faith that is
and the pumping up of an indictment to an muscle tone of this expensive force. For carrying Sholom Mordechai through a
unjustified number of counts to prejudice example, according to statistics published in nightmare. He relates that during the trial,
the jury are some of the key arguments in the New York Times, in 2007, ICE criminal he, his co-counsel and the Rubashkins all
the appeal that is currently being drafted, investigations resulted in 164 arrests and stayed in the same hotel, where he glimpsed
Cook told the Yated. 91 convictions. Terrorism related arrests a more private side to his client.
“We look forward to presenting these were not any more substantial. “One morning, I got up unusually early
arguments to the court of appeals,” he said. The real numbers are in immigration: and took the elevator downstairs to the
It will take time…but we hope justice will During the same year, ICE removed conference hall to get some work done,”
finally be served.” 276,912 illegal aliens. ICE is under Cook recalled. “Getting out of the elevator,
“We Beg You enormous pressure to turn out statistical I heard some humming or mumbling in one
figures that might justify a fair utilization of of the rooms adjoining the hall. I stuck my
Not To Destroy….” its capabilities, resources, and ballooning head around the corner to see what it was.
Cook also described the cross- budget. “It was Sholom, praying alone in a corner
examination of an ICE official who Simply put, the criminalization of of the room. I just stood there watching
acknowledged receiving a letter from illegal workers may just be a cheap way him… This man’s faith is real. Despite
Sholom Mordechai a number of days prior of boosting ICE arrest statistics, with everything he’s gone through and is still
to the raid. The letter pleaded with the no regard whatsoever to the vast human going through, he’s holding on. His focus is
government not to raid the meat-packing wreckage such tactics leave in their wake. not on this motion or that motion. His focus
plant, and asked for a federal overseer to A Private Glimpse is his faith. He feels he’s following the path
help resolve the company’s immigration Although both Guy Cook and G-d has chosen for him. He’ll continue on
issues peacefully. The letter promised Montgomery Brown chose their words that path no matter what.”
Agri’s full, wholehearted cooperation.
“We beg you not to destroy
a company that gives jobs and
sustenance to so many people,
and that contributes so much
to the production of kosher
meat for hundreds of thousands
of people across the United
States,” the letter said.
“Did you receive this letter
from Sholom Rubashkin in the
week prior to the raid?” Cook
asked the ICE official.
“I did,” he replied.
“What did you do about it?”
“We took no action on it.”
“In other words, you ignored
it?
“Yes.”
“Why?
Those where his instructions,

Page 86 Perfidy in Iowa


December 25, 2009

Bringing The Joy of Chanukah


to Sioux Falls

With R’ Sholom Mordechai Rubashkin waiting in a him to be allowed home on bail, the present situation The van pulled into Sioux Falls a little before 4:30.
Cedar Rapids jail for a bail ruling from the court of was even more difficult. Everyone missed him terribly. By five o’clock, people were starting to stream out of
appeals, his family, an hour and a half away in Postville, “Another Shabbos without Totty,” the little ones would the building. 23-year old Getzel Rubashkin set up the
gathered in the kitchen the second night of Chanukah say tearfully as Friday rolled around. menorah, and as curious onlookers gathered around,
after hadlokas neiros to plan strategy. Not about the But there was no time to brood. It was Chanukah, a he said a few words about Chanukah, about spiritual
appeal or how to pay for it. Not about lawyers, judges time of miracles and rescue, of joy and gratitude. There freedom and the importance of giving G-dliness a
or motions. Instead, Mrs. Leah Rubashkin and the older were three Chanukah events to put together in Sioux place in one’s life. He recited the brachos and lit the
children were trying to devise a plan that would let Falls on very short notice - two Chanukah parties to menorah. The bochurim sang Maoz Tzur with Getzel
them bring the warmth and joy of Chanukah to Jews accommodate the schedules of two different groups, and accompanying them on a keyboard, as the crowd grew.
who lived five hours away in Sioux Falls, but would a menorah-lighting. Sholom Mordechai was always the In the evening, they hosted a Chanukah party
enable them to return home the same day. They needed driving force behind these events. They would need with music, food and words of Torah. The latkes and
to be on hand early in the morning for a Chanukah play, every ounce of energy and organization, not to mention doughnuts disappeared faster than they could serve
in which the younger Rubashkin children, who were a huge dose of siyata diShmaya, to pull it all off. them. The guests lingered, savoring the music, the
staying behind, would be performing. She thought about the people they would see in warmth and Jewish spirit in the room. So this was
“It was a little bit of a wild idea, but I thought about Sioux Falls. There was the Russian American couple, Chanukah!
the special friends Sholom Mordechai and I had made in Mark and Celia Rogoff, who had little Jewish education At ten o’clock, the Rubashkin clan did the entire
this city during the trial,” Leah Rubashkin said. “Some but were very drawn to Judaism. They’d been rebuffed event over again in Hebrew for a group of Israeli yordim
of them are so thirty for Torah, for the smallest taste by the only synagogue around for miles - a Reform who had just come home from work in a nearby mall.
of Yiddishkeit. It would be a real chessed to bring the temple - because they were too tradition-oriented. Sholom Mordechai had met these young men during
warmth and freilichkeit of Chanukah to them. It’s the Mark had begun to use his Hebrew name, Menachem their first week in Sioux Falls and, in his characteristic
kind of thing that Sholom Mordechai would love to do Mendel. He came to the courthouse every single day way, had forged a bond with them.
if he could. during the trial, giving Sholom Mordechai his blessings By the time the party was over and the room cleaned
“I broached it with my kids and they loved the for an acquittal. up, it was past midnight. Exhausted, they debated
idea. We contacted the people we had gotten to know And there was Stephanie and Philip who had started whether to stay overnight, but decided that there was no
in Sioux Falls and asked if they’d be interested. They out in Sioux Falls but had moved to the East Coast with way they could miss the younger children’s Chanukah
were thrilled. One of the women had a good friend who their two children to be closer to a Jewish community. performance the following morning. So they packed
worked in the Cultural Center in downtown Sioux Falls. They’d lived in Long Island and in Brooklyn. Walking everything up and clambered back into the van for the
She wrangled permission for us to hold a menorah- down the streets surrounded by religious-looking ride back to Postville.
lighting ceremony in the early evening. Another person people, they were dying to make a connection, but could At night, in their state of exhaustion, the ride
arranged for us to use a Wellness Center, connected with never summon up the courage to approach anyone. And seemed endless. Leah and some of the bochurim took
a local hospital, for the party itself. nobody approached them. After a few years, realizing turns driving, and by six in the morning, they were back
“Sunday morning, out came the pots and pans and that their experiment failed and they would always be home.
ingredients for a baking marathon. We rolled up our outsiders, they moved back to North Dakota. Leah recounted the day’s adventures a couple of
sleeves and went to work. A few feverish hours later, we Stephanie and her family had attended a Shabbaton days later, still savoring its afterglow. I tried to visualize
had hundreds of steaming latkes and jelly doughnuts.” that the Rubashkins had made in the hotel during their it, but couldn’t get past the staggering logistics. I
The Rubashkins piled into a 15-seat passenger van first Shabbos in Sioux Falls. At one point, she turned thought of driving a similar distance, say from Monsey
with a group of yeshiva bochurim for the five-hour to Leah with tears in her eyes. “Who would have ever to Montreal and back in one day, never mind the baking,
ride to Sioux falls. The mouthwatering aromas of fresh dreamed that we had to go back to Sioux Falls, where frying, shlepping, party arrangement, socializing,
latkes and home-baked jelly doughnuts tantalized them there are no Jews, to make a connection with Judaism?” serving, and cleaning up involved.
all the way to North Dakota. Stephanie’s friend worked in the Cultural Center, How do you manage to focus on others in the midst
Driving to Sioux Falls without Sholom Mordechai a prestigious building that has hosted symphonies, of your own pain? I wanted to ask. As if reading my
was poignant for Leah. They had made this trip together concerts and other cultural events. The friend got mind, she answered. “It made the kids so happy to bring
many times in the past four weeks while the trial was in the management’s consent to set up a menorah on a a little Yiddishkeit to people who are so thirsty for it,”
progress. That ordeal was finally over, but with Sholom platform right outside the Center, and to have it lit as the she said. “Because that’s what their father would have
Mordechai incarcerated while they wait and pray for Center was closing for the day. done if he could. That’s Sholom Mordechai.”

Perfidy in Iowa Page 87


NJQOHY   JQB    NJQOHY
e r g e n c y
emon shvuyim campaign
pidy

We have faith that Reb Shalom Mordechai Rubashkin


b’ezras Hashem, will emerge innocent on appeal
provided all the facts are permitted to be presented.

However, without your help, Reb Shalom Mordechai


will not be able to come up with the many thousands
of dollars necessary to pay for adequate legal counsel
which will, b’ezras Hashem, prove his innocence, and
the terrible bias against this G-d fearing Jew. Klal
Yisroel is coming to his aid. Your help is needed NOW.

The Rubashkin family ran an exemplary


slaughterhouse for decades, which supplied
Jews across the country with affordable kosher
meat. They are renowned for their many acts of
tzedakah and chessed.

Now, their business has been taken from them,


leaving them without sufficient income to pay
huge legal bills. The family mortgaged their
homes, sold whatever assets they had left and
even cashed in personal life insurance policies. With nowhere
left to turn, they look to us to rescue their beloved husband, father, son, brother – our
brother, Reb Shalom Mordechai Rubashkin.

What was done to Reb Shalom Mordechai Rubashkin can be done to anyone, Chas V’Shalom.
Yidden, NJQOHY   JQB   NJQOHY, please let’s not turn him down. Please help our brother, Reb Shalom
Mordechai Rubashkin, today.

On behalf of my entire family, I am truly grateful to everyone


who has so generously supported our family during this difficult
nisayon. May Hashem repay your kindness many times over.
— Shalom Mordechai Rubashkin

Please send your generous tax-deductible contribution to:


Pidyon Shvuyim Fund
53 Olympia Lane
Monsey, NY 10952-2829

Page 88 Perfidy in Iowa

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