The final version of this article is available in PDF format or online as part of the full issue of Queens Jewish Link.

Some time in the middle of Chanukah, I received a phone call from a good friend of mine, a rabbi who is very well connected politically, especially with Republicans. He also likes to kibbutz with me. “  Hey,” he said, “sorry I missed you at the White House Chanukah party.” Naturally I had to play along with him, so I asked him if he accomplished anything by being there.

“What would you have liked me to accomplish?”, he responded. To which I said “How about getting Rubashkin freed?” He was a bit stunned for a moment. “Amazing that you ask that!”

He went on to tell me that just the week before, he was asked by White House officials to get Senator Rand Paul to sign on to a petition to free Rubashkin. If they got enough senators and congress people to sign on there’s a good chance the White House will work on getting his sentence commuted. He told me not to tell anyone at the time, but there’s a good chance it would happen. I wasn’t sure whether to believe him or not. Then, two days later, the news broke that President Trump indeed did commute Rubashkin’s sentence, though understandably not vacating the charges against him.

The reaction to this commutation varied from one end to the other. People in Crown Heights, Boro Park, Monsey and Lakewood were seen dancing in the streets. Non-Orthodox  were uninterested. People like Open Orthodox Shmuly Yanklowiz took to Newsweek (yes, the secular leftist media) to trash the decision and demonize schechita the way it is practiced today. And some mainstream Orthodox rabbinic and lay organizations were caught in a dilemma. They were happy for Rubashkin, a Lubavitch Chassid, personally  but were afraid of the message of condoning his financial misdeeds if they send a public congratulatory message.

I think we need to be clear on what happened. Rubashkin did commit some type of bank fraud. I am not an expert in the matter, but from what I understand the crime he committed deserved a sentence of about three years. Not twenty seven. Those guilty of the Enron scandal, for example, which robbed untold hundreds of investors of their pensions were given far less sentences. As for the charges of immigration abuse, first of all those charges were dropped by the FBI so they were not factored into the sentence. Secondly, as to whether Rubashkin actually abused his immigrant workers remains unclear. I recall seeing interviews with the workers who were crying over Rubashkin’s fate as he was so kind to them. I really don’t know the truth with that.

We also know that Judge Linda Reade engineered the immigration raid and then had the gall to preside over the financial case. No conflict of interest of course.

I suggest you Google “Dershowitz Rubashkin” where you will come across an interview with Alan Dershowitz, not exactly a Chasidic Jew, who speaks in defense of Rubashkin’s release in very strong terms. He was not the lawyer in this case. Nat Lewin was. He only came to know about the case following the sentencing.

What is heartening about the frum reaction as it was disturbing was that Jews who had no connection to Rubashkin or Lubavitch (like me) felt as though it was their own father that was freed. In fact most of the defense over the years was mounted by the Yated Neemon newspaper which is on record from its founding as being not aligned (to put it mildly) with Chabad.  The celebrants included Satmar chassidim , Litvaks, Yeshiva people, and many other chassidim very far removed from Lubavitch philosophically. A Jew was mistreated. He is now free to his family, that is reason enough to celebrate. I fully agree.

The problem is that many went overboard. They made him into a hero figure. He is not. He did commit thievery which led to a Chlul Hashem . There were scenes of people lining up to shake his hand as though he was a rock star in their world. I even saw a poster calling for people to get a chance to meet this tzaddik. How wrong! Now it is possible he was a model prisoner and he exhibited great emunah, that he would be freed one day. But I’m sorry, he is no Yosef Hatzaddik who was imprisoned for no reason other than being framed.

But to those who are actually bitter that he was freed by our very not Antisemitic President Trump, let’s make a comparison to another criminal who shared a similar fate under our justice system. Namely, Jonathan Pollard.

Rubashkin

Did he commit a crime:  Yes

Is he a hero/ tzaddik?  No

Did he get railroaded by the justice system?  Absolutely!

Should we be happy for him and his family that he is out? Absolutely!

Should we be grateful to President Trump for the commutation? Absolutely!

Should we celebrate his release from prison?  In a private manner only.

Is it wrong to make him into a hero figure? Absolutely

Does it reflect well that so many Orthodox Jews feel a personal Joy for his release? Yes!

 Pollard

Was he a spy?  Yes

Did he commit a crime?  Yes

Was he a hero / tzaddik? Don’t know. Was it only out of a love for Israel? Was money a factor?

Did he get railroaded by the justice system?  Absolutely!

Should we be happy for him and family that he is out? Absolutely!

Should we have hakaras hatov for whomever was involved in his freedom? Absolutely!

Should we celebrate his freedom? Yes, but in modest form only. Don’t forget he did expose the Jewish people to the old canard of dual loyalty.

I think it’s fair to say that if we are happy about Pollard we should be equally happy for Rubashkin. Both did something wrong. Both deserved punishment. Both received many many more years than they deserved. Was being Jewish a factor in their mistreatment? In my opinion, yes.

No doubt that financial integrity has to be seriously addressed. Based on some of my previous articles in this paper, there is a major Torah education organization that is taking major steps in that direction. But injustice to Jews, Chassidic and non Chassidic alike, must also be addressed.