The recent exoneration of Rabbi Eisemann after a nearly decade-long ordeal raises a critical question: why do state prosecutors face no consequences for their egregious misconduct?
The answer lies in their immunity, a shield that protects them from accountability. It’s time to shatter this shield and hold prosecutors accountable for their actions.
Rabbi Eisemann’s case is a stark example of prosecutorial overreach, where baseless allegations were pursued with reckless abandon, devastating an individual’s life and reputation. The emotional toll, financial burden, and damage to the community are immeasurable. Yet, the prosecutors responsible face no repercussions.
This is unacceptable.
A bill introduced by state Senator Joe Cryan, which would remove immunity for prosecutors, is a crucial step towards justice. By passing this legislation, we can ensure that prosecutors are held accountable for their actions, and victims like Rabbi Eisemann can seek redress.
Moreover, holding prosecutors accountable would also enable the recoupment of millions of dollars spent on this case. These funds could have supported Rabbi Eisemann’s and other vital organizations in Lakewood, benefiting the community instead of lining the pockets of lawyers and fueling a witch hunt.
The people of New Jersey deserve better. They deserve a justice system that holds prosecutors accountable for their actions, not one that shields them from responsibility.
It’s time for the Legislature to pass Senator Cryan’s bill and bring justice to those who have suffered at the hands of prosecutorial overreach. Only then can we restore faith in our justice system and ensure that such abuses never happen again.
It is not the Torah way.
what is not the torah way?
The headline of the article specifically indicates going after the perpetrators of the witch hunt. This is not the Torah way. Whether legislation is needed to adjust the current legal system is beyond my scope of knowledge. The implications of getting back at, or taking revenge, as I interpret it, is not the Torah way.
Accountability is absolutely a Torah precept! Nobody was suggesting that we do anything that is not within legal parameters. If there is a legal manner to hold the prosecutor accountable it should absolutely be used.
In Galus!?
lol, who told you its not the Torah way?!
I completely disagree with you.
Nekom Nikmas B’nei Yisroel!
People get confused with the halacha of not taking revenge against “bnei amecha” and holding people whove caused harm accountable, and seeking restitution for damage they caused
We should have been bussing in people EVERY day of this travesty. It’s time to hold OUR leaders accountable.
I respectfully disagree. If the law deserves updating in it’s alignment with justice I understand. I will leave that for lawmakers and the judicial system. The problem with the society is the ‘get back at’ attitude. This can cause senseless road rage, domestic issues and a host of other travesties.
The meschlach thing to do after ten years of grief is to bow your head to the Almighty and thank the judge, and pick up the pieces and move on with your life. ‘The best revenge is none. Heal, move on and don’t be like the one’s that hurt you. Think about your dear children and the message you are sending. ‘You must go after them! They must pay!’ Is that the example you want to set for your children? Hashem runs the world. Be satisfied and accept the outcome. The rest is in His hands.
actually, the gemara mentions numerous incidents in which amoraim threatened other amoraim whom they felt paskened incorrrectly that if they didn’t retract their ruling, they would lose their house
This is totally different. It’s not a one time case of someone going after another and end of story. This is about government abuse which pitentially affects ANY person at any time for whatever reason. If not reigned in, they’ll come after you, your family, your business, and then turn their attention to me, then everybody else for years. We already see what the federal DOJ and FBI has done. This is still the USA for however long it lasts.
We still live in galus. The article is entitled OP/ED. Everyone is entitled to their opinion. I stated my opinion. It’s not just about seeing justice done It’s the notion of ‘We have gotten to be a big enough community and we have the political pressure.’ I grew up out-of-town. I don’t believe in galus of using political pressure to show the Jews as a force to be reckoned with. Isreal is a totally different story. They have a duty and obligation to protect themselves and the Jewish people. I don’t think it is wise in galus to take revenge. To seek monetary compensation is okay. But to send a message of ‘don’t mess with us’ is not smart. It will create more antisemitism. We have to remember where we are and the blessing of freedom of religion. Elect Trump who loves Israel and upholds the constitution. Be thankful for the Ir Ha’Torah and the talmedei chachamim. Not spend time chasing people who may have wronged us because you don’t know if you will win. And you are rehashing the saga and opening a Pandoras box for more grief in the future
We are living the culture of prosecutorial over-reach. They aren’t accountable.
I hadn’t understood the grandjury process before this year. Essentially, the prosecutor presents “evidence” and witnesses to same. It’s a monologue; one sided. Where #45 was concerned, a witness who tried to say more was shut down. His evidence, edited to fit the narrative. I and we need to be very grateful that this Rabbi FINALLY was adjudicated justly.
Aside from the Brady law which the prosecutor violated there is a charge of malicious prosecution that is likely being considered.
Judges similarly operate with total immunity or accountability. There is no real oversight over them. If their judgement is not in line with the law one can file an appeal. Even if the appeal is successful the judge faces no consequences. The decision to recuse themselves is left to their discretion! This is bizarre. There should be an outside board who hears and decides if a judge should be recused. No judge is willing to admit that they shouldn’t be hearing and deciding a case it would upset their feelings of superiority and bruise their ego.
Be careful what you wish for. Without immunity prosecutors will be scared to try many cases that should be tried out of fear of repercussions. Wait til the oversight board are a bunch of extreme liberals so prosecutors are afraid to prosecute a crime against our community committed by a minority.
Prosecutors, Judges, & Law enforcement need this leeway (to a point) to be able to fully function in the jobs.
It’s only been a few years since this was done to the police & what’s been the result? Many cops took early retirement or quit. Every police department is having trouble recruiting good officers. What are we left with? An obvious lowering of the competence & emotional IQ to deal with situations professionally.
Where I’m from there are supposed to be 1,400 sworn officers. Currently there’s around 800. The good ones left & even with the lowering of standards it’s almost impossible to find a steady flow of good candidates.
This is all due to the fear of spending 20 years in prison (a very bad place for cops) because chasing a known criminal down a dark alley they legitimately thought a black cell phone was a gun.
Total immunity is senseless. There needs to be checks and balances to ensure a fair and just system.
You must understand that it wasn’t only Rabbi Eisemann himself who was put on trial; the entire Jewish community was the target. Just read (or don’t read) the Asbury Park Press shameful antisemitic coverage. This was a replay of the outrageous Mendel Beilis trial in Tzarist Russia over a century ago which galvanized the global Jewish community.
But this, the Eiseman trial, was not a one-off. It is part on concerted effort by antisemites to make the Jewish community feel unsafe, and therefore be more compliant to political manipulation. Do you not remember when in July 2017, we were ambushed in a raid that had 26 of our community arrested. Rabbis, their wives, young nursing mothers were hauled off in chains because they were alleged to have received Medicaid benefits to which they were not entitled. This was the one and only time that Medicaid recipients, not providers, were arrested for Medicaid fraud. These were the charges, but not one single person was ever found guilty. Indeed, no one was ever tried in these cases. There was not one single indictment brought. Although none of the allegation were for any violent crimes, these unfortunate victims of lawfare were carried off, shackled like “availy Zion” during the Churban.
And the Lakewood community was silent.
As they were silent during the entire time that Rabbi Eisemann was going through his ordeal. For sure, there was some tepid response, but not the outrage one would have expected. I was very concerned about the possible negative outcome for Rabbi Eisemann. I would search in vain through the Lakewood scoop for daily updates.
Nothing. Only now, after Rabbi Eisemann’s complete exoneration, do we hear voices raised in protest.
And still, some suggest that we keep our heads down. We are in galus. We don’t want the make the goyim angry. Let’s just move on.
We are under siege, and the only weapon we have is to call for the accountability of malicious prosecutors. Your suggestion that such accountability will result in reduced law enforcement is ill-conceived. We have seen how in New York, the perpetrators of violent hate crimes against Jews are tolerated by Alvin Bragg; his focus is bringing down President Trump.
In short, these charges brought against our people are motivated by antisemitism, plain and simple. The was absolutely no need to shackle people accused of non-violent crimes. “Officer safety”, what a joke. Did you ever hear of a Kollel “veible” injuring a police
officer? But it’s a photo-op that shouldn’t be missed.
Jewish freedom matters. We have to show that we believe that.
Prosecutorial immunity is not absolute.
There are exceptions.
To a certain degree some of those exceptions have been met in the Eiseman case.
The issue is that the legal burden in malicious prosecution is borne by the plaintiff (at least until you get a judgement), and in most cases you won’t get an attorney to take the case on a contingency basis.
Then there is the question of do you want to put this whole saga behind, or do you want to reignite it.
That is not a question for us, it is a question for rabbi Eiseman.
What are the unforeseen consequences of either courses of action?
That is not a question we can really answer.
I believe that in a circumstance in which a judge or jury finds that the defendant had committed no crime and created no victim, etc., the State should be on the hook to reimburse the defendant for his attorney fees.
In some states, a party who is found to have litigated frivolously may be ordered by the court to pay the attorneys fees of his opponent. The Eisemann case, in my view, is an example of frivolous litigation conducted by the government against a citizen. Rabbi Eisemann is mortally entitled to be reimbursed for his expenses.
def the most mature and intelligent thread of comments on tls iv ever seen
Was thinking the same.
To Mr. Avrohom: According to you, one should never take someone to Din Torah for something. Just bow your head and thank Hashem and move on. That is ridiculous. If you were wronged in some way, you go to Bais Din for a Psak. You dont have to say “I was wronged and i will accept it”.
Rabbi Eisemann was 100% wronged. He has every right and probably a duty to back to the system that allowed it to happen and try to have it changed.
It is easy for you to say “to move on” but where did you get that Hashkafah from? who are you to do away with almost eight years of misery that Rabbi Eisemann’s family had to live through. In the beginning, how many people really believed that he was innocent and were Choshed B’Kesharim or had doubts?. Who are you to say to the millions of dollars that had to be collected from the Rabbim – “to move on”? How many millions of dollars could have gone to help people pay their bills, help people pay their tuitions, help people pay their necessities, etc.
i agree in a case of extreme overreach & selective prosecution The prosecutor should be held accountable.
but we also suffer from under reach
with the ambulance chasing lawlessness in this town !
help us
Even in the event the bill passes, it’s all too late cause that’ll come after the bill passed. So I’m assuming this is for the future. Keep in mind, it will have very little impact cause the people making these bills would never put themselves in a position where they’d get hurt.