On August 5, 2010, lawyers for Rubashkin filed a motion for new trial after having discovered that Judge Reade was more involved in planning the 2008 immigration raid at Agriprocessors Postville plant than previously disclosed, claiming that “federal law and U.S. Supreme Court rulings would have required Reade to remove herself from the trial.] On October 27, 2010, Judge Reade denied the motion
On January 3, 2011, lawyers for Rubashkin filed an appeal for a new trial with the 8th Circuit Court of Appeals in St. Louis. In the brief, four arguments for a new trial were made. According to the brief, government documents that surfaced after Rubashkin's conviction and not made available to the defense showed that Reade was involved in the planning for the federal immigration raid of