[Ppnews] Lynne Stewart about her appeal

Political Prisoner News ppnews at freedomarchives.org
Thu Jan 26 19:34:14 EST 2012

(email Jan. 26, 2012)

About the Court Argument on the 29th of February
By Lynne Stewart

After the disaster in July 2010, when Judge Koeltl, following the 
directives of the Second Circuit increased my sentence from 28 months 
to 10 years, our righteous indignation fueled this appeal.  The 
government's argument will center on my testimony at trial and the 
alleged perjury.  All of those facts were before the Court at the 
time of the 28 month sentence and were not the basis then of  a 
double digit sentence.

Our Brief attacks the increased sentence on two different fronts 
--one on a doctrine of "substantive unreasonableness"  meaning it's 
just too much of an increase, five fold -- given the circumstances. 
Secondly, we argued that the only "new" information before the Judge 
were my statements after my first sentence in October of 2008 and 
remarks I made on the Courthouse steps before I surrendered to 
prison.  We contend strongly that this is protected speech under the 
First Amendment of the Constitution, and cannot be used to increase 
or as a  basis for sentencing.  (even if they hate it !!!)

The same group of 3 Judges that heard and decided the original appeal 
will also hear the arguments on the 29th. The government is not 
asking for more time; they are satisfied with their pound of flesh 
but it is not likely that this Court will take any action that will 
help me. The times are askew for prisoners and their lawsuits.  ( The 
Brief is available at my web site lynnestewart.org)

The lawyers that argued in July of 2010 will be on board with the 
addition of Herald Price Fahringer, an eminent attorney in the First 
Amendment field (the win in the Larry Flynt Hustler case in the US 
Supreme Court was his. He was also in the line of fire (no injuries) 
when the shooting took place.) He will enthusiastically present our 
case. I will not be present --not unusual once imprisoned.  But my 
spirit will be there to inspire !!!

Of course, my case has always been government firing  warning 
shots  to Lawyers, that a vigorous defense,of certain clients, if not 
conforming to government specifications,  will be punished severely 
.  This chill effect in these days that we are confronted with Grand 
Jury investigations and dismantling of Occupations is not something 
we should contemplate with anything less than alarm.  I have just 
finished David Gilbert's book (Love Struggle) and the intercession of 
lawyers when there are arrests of designated enemies of the "state" 
are the only  meaningful protection available.

A Large Outpouring of Support in Foley Square and Tom Paine Park and 
in the Courtroom will signal to these arbiters of "Justice" that 
attention must be paid, the 99% are watching them with suspicion and 
tallying up the roads not taken.

Freedom Archives
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