In addition to a group of Detroiters
who traveled on a Chabad-organized
trip to an earlier Rubashkin sentencing
hearing in April, Silberberg met him for
the first time when he visited him in jail
several months ago.
"We discussed the possibilities of dif-
ferent sentences:' Silberberg said. "He told
me then that he hoped to receive either a
light sentence or, knowing the judge that he
was dealing with, a very harsh sentence. A
blatantly harsh sentence, he felt, would be
easier to overturn on appeal. There were
some major procedural flaws during the
trial — which will form the basis of the
appeal"
The Chabad rabbi said,"I came to give
him encouragement and moral support,
but I left inspired by a man who, despite the
miserable place where he finds himself, and
the threat that was hanging over his head,
has complete faith in Hashem."
During that three-hour visit, Silberberg
said they "discussed the case, but also dis-
cussed words of Torah" and that Rubashkin
"arises every day at 4:30 a.m. to study and
to daven and spends most of the day in
Torah study."

Asking the community to pray on behalf
of Rubashkin, Silberberg suggests those
who disagree with the judge's ruling to
"send a respectful e-mail to the Department
of Justice Office of Intergovernmental and
Public Liaison (oipl@usdoj.gov). Describe
this sentence as unfair, excessive and not in
the public's interest.
"Call on them to explain why Sholom
Rubashkin has been targeted by prosecu-
tors in Iowa and why he is getting 27 years
in prison when others convicted of similar
crimes have received significantly shorter
sentences:' Rabbi Silberberg said.

'Bring It On'
Lewin said he would show on appeal that
Reade did not apply an "individualized
process" in determining the sentence, did
not address motive and did not take into
account family issues or sentences for simi-
lar crimes.
Reade did, however, acknowledge that the
defense presented "substantial" evidence
that Rubashkin was not motivated by greed,
but "out of a sense of duty to maintain his
family business for religious purposes" —
i.e., to maintain the supply of kosher meat.

bank fraud charges. He said Rubashkin had
pledged to the banks to abide by the law,
yet was in violation of immigration laws
by knowingly accepting false identification
documents.
"The jury finding was that he knew ille-
gal aliens were being harbored at the plant
and that he lied about that to the bank,"
Teig said.
Reade cited the immigration law viola-
tions in making the case that Rubashkin
knowingly defrauded the bank, but
declined a prosecution request to add to the
sentence because of the violations. However,
the judge embedded a warning in her deci-
sion that she might change her mind if she
is ordered to re-sentence on appeal.
"In the event the court is required to re-
sentence Defendant, it reserves the right to
revisit these upward departure provisions
to determine whether their application
would be appropriate," she wrote.
Bring it on, Lewin said. "If she's warning
us, it's an empty warning;' he said. "We're
appealing it and we'll get it reversed:'

"No matter defendant's motive, he
defrauded the victim banks out of millions
of dollars:' Reade wrote. "He unlawfully
placed his family business' interest above
the victim banks' interest:'
Reade also said that "in the vast major-
ity of cases" she has considered, loved ones
are adversely affected, and that in this case
— unlike in many others — Rubashkin's
autistic son enjoys "a loving and competent
mother as well as an extremely tight-knit,
supportive extended family, all of whom are
obviously devoted to him and accustomed
to working with him."
Another factor likely to be critical to
the sentencing appeal is also central to the
appeal of the conviction, the lawyers said.
The judge allowed allegations of immigra-
tion law violations to be introduced both
in the trial and sentencing stages, although
she had earlier dismissed the immigration
charges. Rubashkin was separately acquit-
ted in June of state charges of labor viola-
tions related to the alleged employment of
immigrant children.
Bob Teig, a prosecution spokesman, said
the jurors considered the alleged immigra-
tion violations only as they pertained to the

❑

Senior Writer Shelli Liebman Dorfman
contributed to this report.

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