A Lakewood businessman submitted to TLS two responses he received from NJ Senators to whom he emailed in regard to the Shalom Rubashkin case. One response came from Senator Robert Menendez ([email protected]), and the other from Senator Frank R. Lautenberg ([email protected]).
From Senator Menendez:
Dear Mr. (Name removed upon request).
Thank you for contacting me to share your views regarding the prison sentence of Sholom Rubashkin. Your thoughts are important to me, and I acknowledge your views on this matter.
As your United States Senator, I do not have the authority to act on this particular issue since it is not within my purview to reduce sentences. However, I thank you for bringing this matter to my attention, and I will continue to monitor this situation.
I rely on the important communications I receive from my constituents to guide my work in Washington. I am working diligently everyday to respond to the many valuable insights I receive from New Jerseyans like you.
Again, thank you for sharing your thoughts with me. I invite you to visit my website (http://menendez.senate.gov) to learn more about how I am standing up for New Jersey families in the United States Senate.
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The following response is from Senator Frank R. Lautenberg ([email protected])
Dear Mr. (Name removed upon request)
Thank you for contacting me about Shlomo Rubashkin. I appreciate hearing from you on this important issue.
As you know, Mr. Rubashkin is the former manager of the Agriprocessors kosher meatpacking plant where hundreds of undocumented immigrant workers were arrested in 2008. He was convicted of 86 counts of financial fraud in November 2009 in connection with fraudulent loans to the plant from the First Bank Business Capital of St. Louis. After the fraud conviction, the immigration charges against him were dismissed. In June 2010, Rubashkin was sentenced to 27 years, which he will appeal.
The United States Constitution (Article II, Section 2) empowers the President “to grant Reprieves and Pardons for Offenses against the United States.” Presidents use a review process through a Pardon Attorney within the Department of Justice to carry out pardons. The Pardon Attorney’s office investigates applications for clemency before making recommendations for or against clemency to the President. The Constitution does not grant this authority to Congress and Congress has never passed a bill pardoning specific individuals.
Please be assured that I am monitoring this case and will keep your views in mind should the Senate consider legislation on this issue. Thank you again for contacting me.

the point is? not one volunteered to lobby on his behalf. Did the writer ask them to? these responses clearly written by staffers, one of whom turned Sholom into Shlomo.
if they were running for reelectoin you can imagine how they would have answered
It might be enlightening to see the text of the letter sent to them. It seems from the responses that they were being asked to reduce the sentence or to pardon him, which is obviously ridiculous.
What a cop-out response from both Reps. Yes, we know you do not have the authority to pardon Mr Rubashkin, but you can use your clout toward that goal! Speak to AG Holder, other Federal judges, hold press conferences, etc. When it comes to items on your agenda, Congress has no problem doing what they please – whether it be Constitutionally sanctioned or not. (E.g. – ObamaCare health insurance clearly goes against the commerse clause).
(Editor: Both letters are listed as from Senator Lautenberg.)
The responses appear to be ludicrous..
Can TLS please post the original Lakewood-businessman’s (?) letter to the Senator’s, so we can get a fuller picture of what they were responding to?
Perhaps it would be more beneficial to include a list of all the Senators who have already sent letters in when appealing for help from a new senators.
Maybe they would feel more pressure to agree to it and would not make a fool out of themselves by saying “I do not have the authority to act on this…..”….just a thought.
To # 5. Thank you for the correction.
“He was convicted of 86 counts of financial fraud in November 2009 in connection with fraudulent loans to the plant from the First Bank Business Capital of St. Louis. After the fraud conviction, the immigration charges against him were dismissed. In June 2010, Rubashkin was sentenced to 27 years, which he will appeal…”
Rubashkin was convicted on 86 counts of fraud and given a pass on the immigration charges. That works out to just ~113 days per fraud count. I can’t wrap my head around why he deserves any further breaks or why elected officials should intercede on his behalf. Sorry, but I just don’t get it.
# 9 am with you
Let me spell it out for you. These 86 counts of fraud are multiple counts for the same action, repeated ad nauseam. The actual action that Mr. Rubashkin was tried and convicted on, was overstating the amount of income he had on his application to the bank for his multi million line of credit. [Not condoning his action here, but let’s be real as to what the “fraud” was] So for example, if he faxed the application, and then mailed the original to an out-of-state office for example, that would be numerous counts for the same offense! (Wire fraud, mail fraud, interstate commerce fraud etc etc). The “count” is totally arbitrary and was clearly done in a “GOTCHA!!” style.
Additionally, this goes beyond the accepted standards for fraud prosecutions. In your typical fraud case, there is intent by the perpetrator to defraud the other party, and gain illicit funds. This was clearly not the case here. As a result of the massive Federal raid on Agri, Mr. Rubashkin was struggling to keep his business afloat and resorted to a desperate measure to continue/increase his long standing credit line. This was no case of him trying to “defraud” the bank. [Again, not condoning the action – just putting in into perspective.]
This makes a very clear case as to what actually happened and proves how Mr. Rubashkin was dealt with in a disproportionate manner to the “crimes” he committed.
Disclaimer: I am in no way affiliated with the Rubashkins or this case. I am a regular guy living in Lakewood who has been extremely disenchanted with the way our great justice system clearly did not do justice to Sholom Rubashkin.
#11 – Thank you for the ‘back story’ insight.