Ex-Agriprocessors official faces charges

Former Agriprocessors vice president Sholom Rubashkin is suing a government agency for non-compliance with a Freedom of Information Act request regarding the 2008 immigration raid at the Postville meatpacking plant.

According to the suit, Rubashkin in February asked for documents on why and how the raid was conducted and “any and all information” related to the raid. After three follow-up letters in July and August from his attorney, the suit says, U.S. Immigration and Customs Enforcement hasn't produced the documents.

Nearly 400 illegal workers were arrested in the May 12, 2008, raid, and the 163 criminal charges Rubashkin faces in federal court stem from that raid. He is accused of harboring illegal immigrants, document fraud, aiding and abetting, bank and wire fraud, money laundering and failing to pay for livestock on time.

A trial on the financial charges is set for Oct. 13 in Sioux Falls, S.D., and a trial on the immigration charges will follow it.

The lawsuit is asking for “immediate processing and release” of the requested records.

The lawsuit contends the agency was required to notify Rubashkin of its decision on whether and how it would comply and its reasons for the decision, and to inform Rubashkin of his right to appeal within 30 days.