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<a href="http://www.counterpunch.org/colson06142006.html" eudora="autourl">
http://www.counterpunch.org/colson06142006.html<br><br>
</a></font><font face="Times New Roman, Times" size=4>June 14,
2006<br><br>
</font><h1><font face="Times New Roman, Times" size=5><b>An Interview
with Lynne Stewart<br><br>
<br>
</i></font><font face="Times New Roman, Times" size=5 color="#990000">
"They Want the Fear Level at a High
Pitch"</b></font></h1><font face="Times New Roman, Times" size=5>By
NICOLE COLSON<br><br>
</font><font face="Verdana" size=6 color="#990000">L</font>
<font face="Verdana" size=2>ynne Stewart has dedicated her career as a
lawyer to defending civil liberties, left-wing causes and politically
"unpopular" clients. Now, at age 66, she faces a possible
prison sentence of 30 years and the end of her legal career--for nothing
more than doing her job in representing her client.<br><br>
The government witch-hunt against Stewart stems from her work as a
defense attorney for Sheik Omar Abdel Rahman, a Muslim cleric convicted
in 1995 of conspiring with followers in the Islamic Group to bomb several
New York City landmarks.<br><br>
In 2000, as part of a legal strategy designed to keep Abdel Rahman--in
ailing health and held in total isolation in prison--in the public eye,
Stewart read a press release to a Reuters reporter in Cairo detailing
Abdel Rahman's withdrawal of his personal support for a ceasefire between
the Islamic Group and the Egyptian government.<br><br>
Two years later, in the wake of the September 11 attacks and the passage
of the civil liberties-shredding USA PATRIOT Act, Stewart was indicted
for this "crime. Then-Attorney General John Ashcroft appeared on
<i>Late Night with David Letterman</i> to claim that her actions in 2000
"materially aided" terrorists.<br><br>
The government also claims that Stewart's actions violated "special
administrative measures"--regulations imposed on Abdel Rahman in
1997 that prohibited him from communicating with people other than his
lawyers or certain family members.<br><br>
Stewart and interpreter Mohammed Yousry were tried, along with Ahmed
Abdel Sattar, who the government claims conveyed messages from Rahman to
his followers in the Islamic Group.<br><br>
Evidence at the trial included taped phone conversations and prison
meetings between Abdel Rahman and Stewart--a clear violation of
attorney-client privilege, approved in Stewart's case by a secret
government court and since made "legal" under the Patriot
Act.<br><br>
The government admits that no violence ever resulted from Stewart or
Yousry's actions. Yet because the judge refused to hold separate
proceedings, the jury was bombarded during the seven months of the trial
with a mountain of prejudicial "evidence" that included more
than 85,000 intercepts of Abdel Sattar's phone conversations with Islamic
Group militants over a seven-year period, two videotapes of Osama bin
Laden, and the testimony of a German citizen who was present during the
1997 bombing of tourists in Luxor, Egypt.<br><br>
Incredibly, the judge allowed the evidence--while instructing the jury
that it was either not "offered for the truth," not offered
against Stewart, or only offered as "background" or for
"state of mind." But the idea that a jury sitting less than a
mile away from the site of the World Trade Center would be able to
disregard videotapes of Osama bin Laden when deliberating on Stewart's
case is preposterous.<br><br>
On February 10, 2005, Stewart, Yousry and Abdel Sattar were convicted on
all counts. Stewart's original sentencing, scheduled for March, was
delayed after it was announced that she has been fighting cancer. She is
now scheduled to be sentenced on September 25.<br><br>
<br>
<b>COLSON: YOUR CONVICTION rested in part on your reading a press release
from your client to a Reuters reporter in 2000. But it wasn't until two
years later, after the September 11 attacks, that you were indicted. Why
do you think the government waited so long? Do you think the indictment
was politically motivated?<br><br>
</b>STEWART:<b> </b>TO ANSWER the last question first, there definitely
were political motivations. I somehow have a glimmering that it never
would have happened if there hadn't been 9/11.<br><br>
But of course, the Bush administration was anxious to keep the fear level
at a very high pitch. If you remember back to April 2002, which is when I
was arrested, they had the Patriot Act in place, they had all this stuff
going on, and they had very, very little to show for it--a few enemy
combatants that were picked up in Afghanistan, but nothing else.<br><br>
So I think they reached back and used this to drum up--or trump up I
guess--a sense among people that there was something to be feared, and
that they were on top of it and were taking care of it. I think this was
exemplified by the fact that Ashcroft, the Attorney General, then went on
Letterman to beat his chest and say what a great bunch of guys they
were.<br><br>
So definitely, I think [my arrest] was to keep the fear level at a high
pitch--because when people are afraid, they tend to give up
decision-making power and allow the "authorities" to do
it.<br><br>
<b>HOW DO your trial and conviction fit in more generally with broader
attacks on civil liberties?<br><br>
</b>THE ACTS that are the basis of the indictment took place in 2000, so
that's pre-Patriot Act. But there's no question in my mind that the
Patriot Act gave a certain aura to what the government had done in my
case, which made it much easier for the judge to find that listening in
on attorney-client conversations was okay.<br><br>
The judge made absolutely no rulings that said anything the government
had done was constitutionally wrong--even though it was a wholesale
invasion of probably the First Amendment, the Fourth, the Fifth, the
Sixth.<br><br>
I do think that my case really goes to the heart of the Bill of Rights,
and the Bill of Rights is diminished by my conviction. I think that's
exactly what this administration and this government wants to see
happen.<br><br>
<b>YOU MENTIONED that the taping of your conversations with your client
was approved under a law that came from the Clinton years, which I think
probably will surprise people.<br><br>
</b>I'M NOT really sure that it was ever thought that the law was going
to be applied toward attorney-client privilege material, because
traditionally, under all of the law that has been written, privileged
material is always exempt from whatever the law provides for.<br><br>
But we have to assume, because they told us they had warrants. We have no
way of finding out if they didn't. We are making a motion demanding to
know whether they listened in on my office phones, my home phone, my cell
phone--anything I had--under these NSA wiretaps, because they never
revealed that.<br><br>
<b>WHAT KIND of message do you think surveillance of lawyers'
conversations sends to other defense attorneys?<br><br>
</b>I CAN only report back from the "front"--in other words,
talking to other lawyers. They all say the same thing--that they are
really hampered. They think three, four or five times before they do even
a <i>simple</i> thing, like call another lawyer to discuss a case. Or if
the family of some of the Guantánamo detainees, for example, calls and
says, "How is my brother/cousin/uncle?" they have to think
about whether they can give this person that information.<br><br>
Certainly, I think there's nobody practicing today who does not at least
account for the possibility that the conversations between the client and
him or her are being listened to.<br><br>
This is <i>the</i> bedrock foundation of representation--that the client
can tell you anything, and you can absorb it, keep it to yourself and
utilize it if you can, and not utilize it if you don't need to. It
establishes the kind of trust that's necessary.<br><br>
For those reasons, I think it really has been a cosmic shift in the way
we represent people in this country--the fact that government could do
this, and it wasn't held to be illegal.<br><br>
<b>THE GOVERNMENT admitted that no violence ever resulted from your
actions, yet prosecutors played a videotape of Osama bin Laden during the
trial?<br><br>
</b>RIGHT, TWO of them. And when you say "played," you have to
envision a screen that's about 20 feet high by 15 feet across, and it's
being played in a foreign language, and it looks so ominous.<br><br>
The purpose was clearly just to put a smear on it--to make the jury
"appreciate" what terrorism was all about.<br><br>
I understand there was a news article--I think in the New Jersey
<i>Bergen Record</i>--where they said that that there was a memo
circulated that anyone who was doing a terrorism case in the U.S.
Attorney's office should definitely try to get bin Laden into the
evidence somehow or other. Because, of course, it's got to have an impact
on a jury. It's like getting hit in the gut.<br><br>
But we expect that of the government. That's my whole career. I've always
fought the government because I know that they will stoop to anything to
accomplish their aim, whatever that may be. It may just be wanting a
conviction of a certain person, but in other cases--certainly the
political cases--it's very clear that their goal is broader than
that.<br><br>
<b>YOU WERE tried along with two co-defendants. Do you think that harmed
your case?<br><br>
</b>WE DID ask for a severance, and we were denied. We asked for many
severances during the trial. When the bin Laden stuff came up, we asked
for a severance since it was only directed toward one of the
defendants--and only for his "state of mind," because he
possessed this tape. But those requests weren't granted.<br><br>
I think my case was unique. I would have preferred to have the jury focus
on the lawyer and whether "materially aiding" is really
separable from doing the work we're expected to do.<br><br>
I'm not saying they hurt my case. But I think it took away from the
jury's ability to really focus.<br><br>
<b>CAN YOU talk a little bit about the "Special Administrative
Measures" that you're accused of violating, and what effect they
actually have on you as a lawyer and your ability to properly defend a
client?<br><br>
</b>THIS IS a new animal. It's basically a Bureau of Prisons regulation.
It's like a lot of government regulations, executive orders, etc., that
form a network of regulations that most people aren't even aware
of.<br><br>
They impose these special administrative measures in order to restrict a
defendant--not the lawyer, they were against my client--in communicating
with the outside world.<br><br>
Maybe in the case of some Mafia guy who's ordering hits from prison, it
might be appropriate. But there's no proof that my client was ever doing
that. He was merely maintaining relationships of longstanding.<br><br>
If we were to think of Mumia Abu-Jamal, for example, under a regulation
where he could only call his family once a month and speak to his lawyers
once a day, we would never have the insight and understanding of the man
that we have, and we would not be favored by his opinions of what's going
on in this world of ours.<br><br>
It's a double restriction, and probably one that is questionable
regarding the First Amendment. But it's in place--it's
"allowable." They've been litigated, but mainly for persons of
violence, who were advocating "do this, do that to so-and-so."
So I don't think it's ever had a true Constitutional test.<br><br>
Notwithstanding that, they were in place and, in my mind, almost
impossible to interpret. If you're thinking on the one hand, "How do
I advocate for my client?" and on the other hand, "How do I
stay within these regulations?" it's very, very difficult to find a
place of safety.<br><br>
It was certainly something the government could slam me with on almost
every occasion.<br><br>
We also pointed out to the jury that although I had read out this press
release in June of 2000, Ramsey Clark had made many press releases on
behalf of the sheik, some almost identical, by calling Reuters and doing
it over the phone, or handing them out at a press conference. He never
even got a letter.<br><br>
I'm not saying I'm Ramsey Clark. My father was a schoolteacher, not a
Supreme Court Justice, and I was never the Attorney General of the United
States.<br><br>
In my own mind, I thought they accorded us this courtesy--that press
releases filtered through lawyers were permissible. And I was wrong. I'm
not saying I was set up, but it has a sort of a smell to it.<br><br>
The fact of the matter is, as you said earlier, that nothing ever
happened. They made a big deal out of it, but it was a political
statement--just like a million others we've seen and read from people in
jail. It's not the same as a call to arms.<br><br>
<b>THE GOVERNMENT really went after your personal political beliefs,
didn't they?<br><br>
</b>I REPEATEDLY tried to point out that my politics were my own--and
actually, if they wanted to go down that road, it was obvious that my
politics were very far from Islamic fundamentalism.<br><br>
I consider myself a feminist. I consider myself a socialist at the
minimum, probably a little further to the left than that--a communist, in
the final analysis, maybe a Maoist.<br><br>
Those words, I don't think, actually came out at the trial. But what they
tried to do was show that I am a person who isn't opposed to violence.
But that has nothing whatsoever to do with my representation of clients.
They are each entitled to their politics, and I do my best to represent
the person, not the politics.<br><br>
As a matter of fact, you really have to set this aside many times,
because you deal with such terrible selfishness and greed in doing
criminal work. My politics only inform me. They don't inform the way I
work.<br><br>
<b>YOU'RE NOW facing 30 years in prison. Do you have any expectations for
what you might receive as a sentence?<br><br>
</b>I REALLY don't know, but I think we're going to give it a tremendous
fight.<br><br>
Liz Fink, the attorney for the Attica Brothers, is now part of my defense
team. She understands, probably better than anyone else, how we lawyers
who are decidedly anti-government, when we sign on with a client, we sign
on for life. It doesn't stop when the court recesses. It's a commitment
to that human being.<br><br>
I think we're going to present all that at sentencing, and we're going to
talk about my health problems--this cancer that, although it seems to be
in check now, I'm happy to say, remains an open question. They're never
completely sure that you're "cured."<br><br>
So those issues, plus my age, plus my service to the community--all of
those things will be issues. But it's really all up to this judge, and
it's very difficult to predict what he will or will not do.<br><br>
The government is going to take a very hard line. We know that.<br><br>
<b>THROUGHOUT THE trial, and in spite of your health problems, you've
remained very outspoken. Can you talk about why it's important to keep up
that fight?<br><br>
</b>BECAUSE WE have an obligation to expose what's happening. That's all
we can do these days. We're not so organized to be able to put pressure
to bear on them, akin to something like a real general strike. We don't
seem to be able to get people to see things in as stark a terms as we
do.<br><br>
But I do believe it's incremental. I think that, compared to where we
were when I was first arrested in April 2002, today, there are more and
more people who are not willing to accept anything the government says
anymore.<br><br>
I think that's valuable. Reminding people that the government is
conducting a "war on terror," but look who the victim is
here--a lawyer who fought for the underprivileged, who went out there at
no monetary gain and defended people who other people wouldn't even look
at.<br><br>
There's also the sense that Muslims have been demonized by this
government as "the enemy," as "non-human beings," as
"devils," or whatever. To say that this grandmotherly lawyer
went the full nine yards for her client, who happened to be one of these
people, also sends a message.<br><br>
It's also to give people courage. You can't imagine how many young people
come up to me and say, "You know, because of what you're doing, I
feel that I can do something." And that makes me very, very
happy.<br><br>
<b>WHAT CAN people do to help support you?<br><br>
</b>SEPTEMBER 25 is coming. We're going to have a tremendous turnout. We
not only want to fill the courtroom, but we'd like to fill the
courthouse, and the square out front and everyplace else to show the
numbers who are willing to take out a day from their lives to oversee
what this judge is going to do.<br><br>
We are also always in need of contributions, especially now that I'm
unable to do much speaking or anything else to try to raise money,
because I've been convalescing here for so long.<br><br>
But the real thing is to stay with me in spirit. I think that the worst
thing in this era is this alienation--the sense that you're all alone. So
many people are so happy with their SUVs and their remote controls, and
are we nuts that we're out here fighting this? But when I go to an event,
and people come over--when I just know that people are <i>there</i>--it's
very, very important to me, and I think to them also.<br><br>
Really, for me, that's what being a part of the left is--to be part of a
larger group that wants to really make a better world.<br><br>
<b>How you can support Lynne Stewart<br><br>
</b>YOU CAN show your support for Lynne by making a donation to her
defense fund. To contribute, or for more information on Lynne's case,
visit <a href="http://www.lynnestewart.org/">www.lynnestewart.org</a> on
the Web. Donations can also be sent to the Lynne Stewart Legal Defense
Fund, 350 Broadway, Suite 700, New York, NY 10013.<br><br>
<b>Nicole Colson</b> writes for the
<a href="http://www.www.socialistworker.org/">Socialist
Worker</a>.<br><br>
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