Los Angeles - An orthodox rabbi who refused to testify before a federal grand jury, saying his religious beliefs prohibit informing on fellow Jews, was ordered jailed Friday by a District Court judge for contempt of court.
Moshe Zigelman, a 64-year-old Hasidic rabbi, was ordered to report Wednesday to a federal detention center in Brooklyn. Until he chooses to testify, he will remain behind bars up to a maximum of 18 months, according to federal prosecutors
Zigelman has previously pleaded guilty and served a prison sentence for his role in a tax-evasion scheme by his Brooklyn-based orthodox sect, Spinka. After his release, he was subpoenaed to testify before a Los Angeles grand jury continuing its probe into the scheme.
Citing an ancient Jewish principle, Zigelman refused to testify, telling a federal judge forcefully during a contempt hearing through a Yiddish interpreter: "Because the transgression of mesira is so dire, my mind won’t change until I die.”
In December, in an order that was sealed because grand jury matters are confidential, U.S. District Court Judge Margaret M. Morrow held the rabbi in civil contempt.
Zigelman’s attorneys, who have maintained that no amount of earthly sanctions will compel the rabbi to change his steadfast beliefs and that his 1st Amendment right to religious freedom was being violated, appealed unsuccessfully to the 9th Circuit Court of Appeals.
The rabbi had asked that he be allowed to enter custody after observing Passover, in April. Prosecutors objected, saying March will mark one year since Zigelman was first called to testify and additional delays will require extensions to the grand jury’s term of service.
Morrow ordered him to surrender to the prison March 21.
"The government doesn’t want to be in a position of remanding somebody into custody, what the government is trying to seek is to have truthful testimony in court proceedings," Asst. U.S. Atty. Daniel O’Brien said Friday. "All people who are percipient witnesses to facts that are relevant to criminal matters have a duty to testify when called to do so before a grand jury."
An attorney for the rabbi could not be reached for comment.
A tremendous Tzadik!
ReplyDeleteAnd a great way to fix any chillul hashem caused by his initial actions.
Mesiras nefesh.
i have a simple question,if for instance someone knew about a frum jew who is a bank robber or a serial burglar or a murderer,would it be considered MESIRAH if someone testified against him?,i persume the answer would be" of course not',well if that's the case,why would it be considered MESIRAH by testifying against someone who has robbed the U.S governement?
ReplyDeleteIf there is an imminent danger to society, you would be allowed to Masser, but if there is no danger you can only report him to Beth Din or get a Heter from them.
DeleteTax evasion is definitely an imminent danger, if at all dangerous, and there is always time to consult a Rabbi which he did and was not allowed to snitch.
You can't complain that he does it out of convenience, since he already knows what prison life is and chose to go back rather than masser.
Kudos to R' Zigelman