Lawyers for the former head of an Iowa Kosher slaughterhouse asked a judge to reconsider his decision to deny bail because of Israel's Law of Return, a ruling that could set a dangerous precedent which could be used to deny bail to Jewish defendants solely on the basis of their religion.
In court documents filed Friday, attorneys for the former CEO of Agriprocessors took issue with the court's consideration of Israel's Law of Return in deeming their client a flight risk.
"Under Israel�s Law of Return, any Jew and members of his family who have expressed their desire to settle in Israel will be granted citizenship,? Magistrate Jon Stuart Scoles wrote in his November 20 decision to deny bail.
In their filing, defense attorneys asked Scoles to reconsider his decision.
"Under that view, 'every Jew' is to be viewed for bail purposes as a greater risk of flight than a non-Jew," the filing states. "That means that 5,300,000 Americans would be viewed as heightened bail risks simply because they are Jews."
"It is ironic that a law designed to provide refuge to persecuted Jews has now become the basis for detaining a Jew who might otherwise have been released pending trial," the attorneys noted.
The filing cited several recent cases involving Jewish or Israeli defendants released on bail "involving a much greater risk of flight and far more contacts with Israel than are present here.? It also noted that there is no precedent in which prosecutors invoked the Law of Return to argue against releasing a Jewish defendant.
Deborah Lauter, director of the civil rights office of the Anti-Defamation League, said the prosecution�s "referencing the Law of Return is highly unusual."
Marc Stern, acting co-executive director of the American Jewish Congress, also expressed shock at the judge's reasoning. "All Jews are suspect because of the Law of Return?? he asked. "It�s a very astounding and troubling argument. It�s different from saying he might run to Israel � whether or not there is a Law of Return."
(Source: Jewish Week)
http://www.theyeshivaworld.com/article.php?p=27037
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