Rubashkin’s case and long sentence drew national attention, including from six former U.S. attorneys general who voiced concern about his treatment.
His lawyers said U.S. District Judge Linda Reade should have stepped aside from his trial because she cooperated closely with prosecutors before the immigration raid, showing bias against the plant’s owners.
The appeals court in St. Louis ruled this morning that Rubashkin failed to show Reade was required to recuse herself from the fraud trial.
“Our approach is consistent with that of the Supreme Court, which has held that recusal is not necessarily required even after a district court has expressed ‘impatience, dissatisfaction, annoyance, and even anger’ toward a party. There is nothing like that in this record,” the appeals court wrote.
