Rubashkin Lawyers Want Judge Presiding Over "Motion To Vacate" Recused

On Thursday, Sholom Rubashkin’s defense team filed a motion asking that the federal judge presiding over his “motion to vacate” be reused due to conflict on interest issues stemming from the fact that Chief U.S. 

District Court Judge Linda R. Reade’s husband was a partner in the law firm that handled various legal business affairs for Rubashkin.

HAMODIA is reporting that, in filing the motion, Rubashkin’s lawyers included a “friend of the court” brief containing the signatures of 86 prominent political and DOJ officials who state, unequivocally, that Judge Reade should have recused herself from the case.

The motion also makes mention of questionable communications between Judge Reade and prosecutors, before Rubashkin was formally charged as well as while he was awaiting sentencing outside the presence of Rubashkin lawyers.

Rubashkni’s attorneys are arguing that Judge Reade has, in essence, rendered herself a potential material witness in the case, and therefore cannot be impartial going forward.

Rubashkin is attempting to have his 27 year prison sentence vacated.