Dear Alumni Sheyichyu!
Sholom U’Brocho!
Mazel Tov to Shmully Avtzon on the occasion of his engagement. Mazel Tov to Moshele Gurary on the occasion of his engagement. May they use out the special period of Yokor Mikol yokor to its’ utmost! Mazel Tov to Rabbi & Mrs. Zelly Silber on the birth of their daughter! Mazel Tov to Rabbi & Mrs. Asher Schochet on the birth of their daughter. May they bring them up lTOveCHuMAA”T mitoch harchovo, and to be true chayolos! (If anyone is aware of any mazeltov’s that I omitted please let me know).
Thank you very much to all those who responded so warmly and enthusiastically to the appeal in the last email (I’ll bli”n send you all an update in a few days), and thank you as well, to all those of you who were – and are - planning to respond, but didn’t get around to it yet. You have another chance with the button at the bottom of today’s e-mail.
Thank you as always for the feedback, it is much appreciated.
We are still in shock about the terrible setback to the Sholom Rubashkin appeal last Friday, and we are surely all trying our best to strengthen our bitachon, together with our efforts to extract from the Eibishter an unconditional pardon without any further delay.
What is most shocking is the evident unfairness of the whole affair. Because, make no mistake, if you read through the entire ruling, you see that none of the questions on the procedure were adequately dealt with. Throughout this lengthy ordeal, numerous common-sense problems with the whole process (that were the basis of numerous questions and objections from all kinds of circles) accumulated, and the latest ruling fails to address them at all.
The appeal pointed to a number of highly irregular factors that put into question the fairness of his trial and his sentencing. Combined, they formed a convincing portrait of a miscarriage of justice of the highest order. Even portions thereof were enough to raise considerable doubt in the minds of objective and impartial people as to whether justice was being served.
But, the response seems to be once again that the government holds the cards, and they are not accountable to the rest of us.
[A chosid, during a mock trial by the KGB in Russia, was given his few moments to present his defense, prior to sentencing. Knowing that the conclusion was already predetermined, and the whole “trial” was a farce, he chose, instead, to use his time to share a story:
A lion once went over to a rooster and roared ‘I am going to gobble you up!’ Trembling with fear, the rooster asked the king of the beasts why it deserves such a terrible fate. ‘Because you trot through the homes of people, tracking dirt and dust in your wake’, explained the lion. ‘But my actions are actually beneficial, they enable the homeowners to find lost objects, and they are very thankful for my behavior’, explained the rooster, in its’ defense. ‘I am going to gobble you up!’, the lion roared even louder than before. ‘Why, your majesty’, the rooster questioned again, in desperation. ‘Because early every morning you crow and crow, and make such a ruckus, and don’t let anybody sleep’. ‘But, that is what enables people to wake up, and it is so crucial to their productivity’, exclaimed the rooster. ‘I am going to gobble you up!’, bellowed the lion at the top of his lungs. ‘Why should you do this, your majesty’, the rooster cried. ‘Because I am strong and you are weak’, was the final, unanswerable retort of the lion. And with this, the chosid rested his case].
Let us consider for a minute: The appeal pointed out various inconsistencies, from the very refusal of the judge to recuse herself, to the unreasonable and unprecedented length of the actual sentence. Together, they shout the unmistakable message that something doesn’t smell right here. And this is even without taking into consideration the absurdity of Reade “just happening” to sit together with the appeals judges – for the first time in some 7 years – just before the appeal was due to be heard!
However, not only does the ruling do nothing at all to address the combined image of bias, they offer weak responses, in many of the issues, even to the individual challenges.
We are talking about a sentence that raised so many eyebrows, including those of former attorneys who have a keen understanding of how the system works. The questions are plain and simple. There wasn’t even a meager attempt to provide a logical response.
And taking these questions, once again, as part of the larger picture, they become a collective flaw in the ruling, which was ignored out of hand by the appellate judges, who, instead, served their agendas to the “t”.
These judges once again made a mockery of the title judges. Judges who, rather than act like judges, acted more like counsels for the defense of Mrs. Reade.
What’s especially so painfully frustrating and heartbreaking is the feeling of impotence, our seeming inability to do anything about it legally. There was such a clear travesty of justice that occurred, that cries out for rectification. This was declared not just by a group of bochurim in a mikva in Boro Park (or Toronto), but by numerous lawyers and politicians with no personal ties to the case.
And, yet, the American justice system, in which we should be able to have such confidence, has utterly betrayed us. And, other than davening and saying Tehillim (which undoubtedly make a world of a difference), we just don’t know what to do anymore. It’s a hurtful helplessness that is almost intolerable.
Anytime a Jew suffers r”l it is sad. And for a Jew to sit in prison, under any circumstances, is heartrending. The Rebbe once spoke about how imprisonment is a cruel and unreasonable punishment that has no place according to Torah.
But, in this case, what is so hard to bear is that it is FOR NOTHING! He is sitting in prison, and he and his family, and so many others are suffering. FOR WHAT?! There is no rhyme or reason for it, and that is the most difficult part of all.
It sheds light on the story of the Alter Rebbe, who, after coming out of prison on Yud Tes Kislev, was erroneously taken to the home of a misnaged and spent some time there. The Alter Rebbe later remarked that the time spent there, caused him more pain than all of the days that he spent in prison.
When the Alter Rebbe sat in prison, there was a reason; - it was on account of a gzeirah, a decree, in the upper realms. But the anguish that he endured in the house of the misnaged was FOR NOTHING! He was sitting there being subjected to the harassment of the misnaged FOR WHAT?! There was no rhyme or reason for it, and that was the most difficult part of all.
For that matter, this may help us understand what the Eibishter is enduring. Because, come to think of it, He is in prison as well. In an individual sense, His G-dly spark that is the life force of our neshomos is imprisoned within each of us. And in a general sense, He is imprisoned in this intolerable Golus together with the rest of us. As Chazal interpret the Posuk in this week’s Parsha: "והשיב לא נאמר אלא ושב".
Melech ossur borehotim etc. He is a King, but He is imprisoned in the oppressive shackles of golus.
And here too, the most painful aspect of it is that there is no reason for it anymore. Chazal have long ago assured us that “Kolu kol hakitzim”. The necessary preparations and birurim and anything else that was needed to pave the way have long been completed.
It is for no reason, there is just no excuse for this anymore. And that is what is most frustrating of all.
His continuing to languish in this bitter exile, and our continuing to languish in this bitter exile is, therefore, all the more painful because it is FOR NOTHING! He is sitting here, we are sitting here, being subjected to the choishech hagolus FOR WHAT?! There is no rhyme or reason for it, and that is the most difficult part of all.
But, there is one major difference: While with Sholom Mordechai, we may not know how exactly to bring about an immediate yeshuah, and we – and he - may at the moment feel powerless and a sense of helplessness, the A-lmighty G-d does have the power to change things. And to change things immediately!
So, Eibishter, with all due respect, stop acting like those miserable judges of the Eighth Circuit, stop languishing in prison, and keeping all of us here with you FOR NOTHING. Do justice to Your Position, of the True Judge, set an example of administering True Justice.
And Take Yourself, and all of the rest of us, out of prison. Immediately!
It’s what’s good and just for You. And it’s what’s good and just for us. And it’s what’s good for Sholom Mordechai as well. And it’s what’s right and fair and just for the whole world!
L’chaim! May the Eibishter, the One and Only True Judge, pay attention to our long-overdue appeal, and immediately commute our unfair and excessive sentence, release us (and Himself) for time served, and exchange the prison cells with the new world of Moshiach through the final Geulah hoAmitis veHashleimah with Moshiach Tzidkeinu TUMYM!!!
Rabbi Akiva Wagner
לזכות 'ר שלום מרדכי הלוי בן ,רבקה לגאולה וישועה קרובה ,ושלימה י"תומ ממש ג"בטוהנוהנ
