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Rubashkin Lawyers Protest
SAN FRANCISCO (JTA) — Lawyers
for former Agriprocessors CEO
Sholom Rubashkin accused the pre-
siding judge in the case of a conflict
of interest, filing papers demanding a
retrial and her recusal.
According to emergency court
papers filed Aug. 5 in the U.S. District
Court for the Northern District of
Iowa, District Court Chief Judge
Linda Reade was involved in prepara-
tions for the May 2008 raid on the
Agriprocessors kosher meat plant
in Postville, Iowa. The raid led to
Rubashkin's arrest on an array of
charges, including the financial fraud
for which he was ultimately convicted.
Reade sentenced Rubashkin to
27 years in federal prison last June
— two more years than prosecuters
demanded. The jury's verdict should
be vacated pending a new trial, his
lawyers said, as well as Reade's deci-
sion to deny Rubashkin's release on
bail.
On Aug. 5, Rubashkin's legal team
produced government documents
showing that Reade received regular
briefings on the upcoming raid for
six months before it took place and
expressed her support for it. She
did not disclose her participation in
those events as required by federal
law, Rubashkin's lawyers said, and she
should not have presided over the trial.
Reade has disclosed in writing that
she engaged in limited "logistical
cooperation" with law-enforcement
authorities during the 2008 raid, but
only to make sure the nearly 400 ille-
gal immigrants arrested had access
to attorneys and Spanish-language
interpreters.
Rubashkin's lawyers said the fed-
eral documents they have obtained
show that Rubashkin was the focus
of the investigation before the raid
took place. This and other evidence
presented in the motion filed are "suf-
ficient for an objective observer to
doubt the perception of impartiality,"
said Nathan Lewin, Rubashkin's lead
appellate counsel.

Kagan Wins
Court Seat
WASHINGTON
(JTA) — Elana
Kagan became the
third Jewish justice
on the current U.S.
Supreme Court with
Elana Kagan
her confirmation by
the U.S. Senate.
The Senate approved the nomina-

tion of Kagan, the U.S. solicitor gen-
eral, in a 63-37 vote last week.
Kagan, 50, joins Ruth Bader
Ginsburg and Stephen Breyer as
Jewish justices on the high court. She
becomes the court's 112th justice and
the fourth woman to serve, including
Ginsburg and Sonia Sotomayor on the
current panel.
"I congratulate Elena Kagan:' said
U.S. Sen. Carl Levin, D-Mich."At a
time when the discussion of our
legal system is so often dominated by
ideological labels, Elena Kagan will
bring years of practical, pragmatic
experience to our highest court. Her
sense of fairness, her keen intellect
and her commitment to the rule of law
ensure that she will be an outstanding
justice."
Kagan, a New York City native, was
an attorney and policy adviser in the
Clinton White House for four years.
She is a former dean of the Harvard
Law School.
President Obama nominated Kagan
in May to replace Justice John Paul
Stevens, who served on the court for
35 years. Kagan is expected to support
the court's more liberal wing, which
Stevens led during his time on the
court.

Success Against Terror
WASHINGTON (JTA) — The annual
U.S. State Department report on ter-
rorism highlighted Israel's successful
responses to threats.
The Country Reports on Terrorism,
released Aug. 5, discusses the state of
terrorism around the world in 2009.
It is delivered to Congress by April 30
each year.
The report points out that four
Israelis were killed in three attacks,
down from 27 deaths in 13 attacks
the previous year, and said Israeli
officials believe that the Gaza mili-
tary operation known as Cast Lead
helped lower the number of attacks
originating from the Strip. The report
said, however, that Israeli officials
believe the quiet is not permanent
and that Hamas has been using the
time to rearm.
On the topic of the West Bank, the
report made no comment about the
effectiveness of Israel's security fence.
It did report, however, that Israel has
eased movement restrictions in the
West Bank.
According to the report, Israel has
identified a new trend in terrorism
that it calls the lone terrorist: With
Israel largely stopping rocket attacks
and suicide bombings, the report