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May 29, 2011 11:05 am

New Impartiality Questions in Rubashkin Case

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Des Moines Register – The court scheduled to hear the case of Sholom Rubashkin, who is requesting a new trail, after alleging that District Chief Judge Linda Reade failed to disclose that she began meeting with law enforcement officials more than six months before the 2008 immigration raid on Agriprocessors. The allegation that she discussed topics far beyond “logistical cooperation,” has now raised fresh questions about judicial impartiality.

Oral arguments are scheduled for the afternoon of June 15 at the 8th U.S. Circuit Court of Appeals in St. Louis, that morning however, Reade will temporarily be filling in at the appeals court – and will hear cases with two of the three judges who will later listen to arguments in Rubashkin’s appeal. Reade is also scheduled to sit with the same judges a day earlier.

“The scheduling is unfortunate because the subject of the appeal is judicial impartiality”, said Steven Lubet, a law professor at Northwestern University.

Reade did not respond to a request for comment. Rubashkin’s attorneys declined to comment.

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