Judiciary Committee: Postville Prosecutor Not Fit to Serve as Judge

Marshall, MN – An Open Letter to Members of the U.S. Senate Judiciary Committee, Senator Harkin, and President Obama

On March 12, we asked President Obama to withdraw the nomination of Stephanie Rose as a federal district judge, due to serious allegations of ethical misconduct and extremely harsh treatment of immigrants in the Postville case, and we copied the members of the Committee and Senator Harkin on this letter.

In the Postville case, over 300 immigrants were sent to prison on identity theft charges that were baseless, as ruled by the U.S. Supreme Court 9-0 in Flores-Figueroa v. United States.

These defendants were denied due process in America’s first and only mass felony trial, and Ms. Rose was responsible for ensuring due process for the defendants and negotiating plea deals. Ms. Rose failed to exercise good judgment and discretion in proceeding with these prosecutions, when clearly the defendants did not violate the letter of the law and she had an ethical obligation not to proceed with the prosecutions.

Moreover, there were 17 defendants for every court appointed attorney, who were given four days to accept the plea deal, hardly time for any attorney to evaluate legal cases that encompassed complex criminal and immigration law. One attorney, Rockne Cole, immediately quit as he believed it a conflict of interest to represent anyone under such conditions, and later wrote the House Judiciary Committee describing his experience.

Tuesday, March 28th, Martha Fagg, a former staffer of Ms. Rose filed a discrimination lawsuit in federal court, making serious allegations of discrimination based on age and disability, and even more disturbing the plaintiff alleges that Ms. Rose and her assistant engaged in a pattern of retaliation in response to complaints. This further brings into question whether Ms. Rose is fit to serve as U.S. Attorney, much less a federal district judge.

The serious allegations in the lawsuit were not reviewed at the public hearing of the U.S. Senate Judiciary Committee on March 14th. Moreover, the committee did not explore the Postville allegations in any depth. We call on the committee to reject the nomination of Stephanie Rose, and we call on Senator Harkin and President Obama to find a more suitable candidate for Judge.


About Us – Cafe Con Leche Republicans is a national organization of Republicans who welcome “New Americans”, defined as immigrants and family of recent immigrants. Our mission is to make America and the GOP, more welcoming to “New Immigrants” through political activism, “in-reach” and education within the Republican Party, and lobbying government to adopt more immigrant friendly policies. We also seek to bring more conservative and moderate “New Americans” to the Republican Party. These efforts will strengthen the GOP, and lead more Republicans to embrace welcoming policies for immigrants and their families. We have chapters in Florida, Georgia, Pennsylvania, Illinois, Iowa, Minnesota, Texas, Oklahoma, Arizona, Nevada, and California. Our members and leadership are predominantly Hispanic, though we define ourselves by mission and guiding principles, not ethnicity, and we welcome all who share our goals. Our leadership is 100% Republican.

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