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<font size=3><br>
</font><font size=4><b>Lynne Stewart: Heroic Human Rights Lawyer
Jailed</b></font><font size=3> - by Stephen Lendman<br><br>
On November 20, New York Times writer Colin Moynihan broke the news
headlining:<br><br>
"Radical Lawyer Convicted of Aiding Terrorist Is Jailed," then
saying:<br><br>
"Defiant to the end as she embraced supporters outside the federal
courthouse in Lower Manhattan, Lynne F. Stewart, the radical lawyer known
for defending unpopular clients, surrendered on Thursday to begin serving
her 28-month sentence for assisting terrorism."<br><br>
Fact check:<br><br>
Stewart did what all attorneys should, but few, in fact, do - observe the
American Bar Association's Model Rules saying all lawyers are obligated
to:<br><br>
"devote professional time and resources and use civic influence to
ensure equal access to our system of justice for all those who because of
economic or social barriers cannot afford or secure adequate legal
counsel."<br><br>
Also to practice law ethically, morally and responsibly to assure
everyone is afforded due process and judicial fairness in American
courts. Sadly and disturbingly, Stewart was denied what she did for
others heroically, unselfishly, and proudly. More on that below.<br><br>
Stewart (prison number 53504-054) is now jailed at:<br>
MCC-NY<br>
150 Park Row<br>
New York, NY 10007<br><br>
Betrayed by American Justice<br><br>
For 30 years, Stewart worked heroically to defend America's poor,
underprivileged, and unwanted, never afforded due process and judicial
fairness without an advocate like her. Where others wouldn't go, she
defended controversial figures like David Gilbert of the Weather
Underground, Richard Williams of the United Freedom Front, Sekou Odinga
and Nasser Ahmed of the Black Liberation Army, and many more like them.
She knew the risk, but did it fearlessly and courageously until bogusly
indicted on April 9, 2002 for:<br><br>
-- "conspiring to defraud the United States;<br><br>
-- conspiring to provide and conceal material support to terrorist
activity;<br><br>
-- providing and concealing material support to terrorist activity;
and<br><br>
-- two counts of making false statements."<br><br>
She was also accused of violating US Bureau of Prisons Special
Administrative Measures (SAMs) that included a gag order on her client,
Sheik Abdel Rahman. When imposed, they prohibit discussion on topics the
Justice Department (DOJ) rules outside of "legal
representation," so lawyers can't discuss them with clients, thus
inhibiting their defense.<br><br>
At former US Attorney General Ramsey Clark's request, she joined him as
part of Rahman's court-appointed defense team. In his 1995 show trial, he
was convicted and is now serving a life sentence for seditious
conspiracy, solicitation of murder, solicitation of an attack on American
military installations, conspiracy to murder, and conspiracy to bomb in
connection with the 1993 World Trade Center attack despite evidence
proving his innocence on all charges.<br><br>
The DOJ's case wasn't about alleged crimes. It reflected his affiliations
and anti-western views. Rahman was connected to the Egyptian-based
Al-Gamaa al-Islamiyya - a 1997 US State Department-designated
"foreign terrorist organization." In the 1980s, however, he
helped the CIA recruit Mujahadeen fighters against the Soviets in
Afghanistan. For his work, he got a US visa, green card, and State
Department-CIA protection as long as he was valued. When no longer, he
was targeted along with Stewart.<br><br>
Her case was precedent-setting, chilling, and according to the Center of
Constitutional Rights Michael Ratner:<br><br>
sent "a message to lawyers who represent alleged terrorists that
it's dangerous to do so."<br><br>
Her attorney, Michael Tigar, called it:<br><br>
"an attack on a gallant, charismatic and effective fighter for
justice (with) at least three fundamental faults:<br><br>
-- (it) attack(ed) the First Amendment right of free speech, free press
and petition; <br><br>
-- the right to effective assistance of counsel (by) chill(ing) the
defense; (and) <br><br>
-- the 'evidence' in this case was gathered by wholesale invasion of
private conversations, private-attorney-client meetings, faxes, letters
and e-mails; I have never seen such an abuse of government
power."<br><br>
Her 2004 - 2005 show trial was a mockery of justice with echoes of the
worst McCarthy-like tactics. Inflammatory terrorist images were displayed
in court to prejudice the jury, and prosecutors vilified Stewart as a
traitor with "radical" political views. In addition, days
before the verdict, the militant pro-Israeli Jewish Defense Organization
put up flyers near the courthouse displaying her address. It threatened
to "drive her out of her home and out of the state," and said
she "needs to be put out of business legally and
effectively."<br><br>
It was part of the orchestrated scheme inside and outside the courtroom
to heighten fear, convict Stewart, and intimidate other lawyers to expect
the same treatment if they dare represent unpopular clients
effectively.<br><br>
On February 10, 2005 (after a seven month trial and 13 days of
deliberation) she was convicted on all five counts. Under New York state
law, she was automatically disbarred, and the state Supreme Court's
Appellate Division denied her petition to resign voluntarily. On October
17, 2006, she was sentenced to 28 months imprisonment, but remained free
on bond pending appeal before the US Court of Appeals for the Second
Circuit.<br><br>
Stewart Ordered to Prison<br><br>
The Justice for Lynne Stewart web site (lynnestewart.org) announced the
news. On November 17, the Appeals Court revoked her bond, upheld the
verdict, ordered her surrender forthwith, but stayed it until November 19
at 5PM to let her attorney file a motion for reconsideration. It was
denied, so she must report to federal marshals as directed. A November 19
conversation with Lynne and her husband Ralph confirmed it.<br><br>
The situation remains fluid, dire, and complicated by Stewart's battle
with breast cancer. She has surgery scheduled for December 7, unlikely
now, but if done in prison or where authorities direct, it won't be the
quality she deserves.<br><br>
In its ruling, the three judge panel (John Walker, Guido Calebresi and
Robert Sack) was firm, hostile and belligerent in upholding the lower
court's conviction. Judge Sack accused Stewart of lying and called for a
longer sentence. "We think that whether (she) lied under oath at her
trial is directly relevant to whether her sentence was appropriate,"
he wrote, and directed District Court Judge John Koeltl to re-sentence
her "so as to reflect that finding." Judge Walker was even
harsher, calling the original sentence "breathtakingly low."
Judge Calabrese said: "I am at a loss for any rationale upon this
record that could reasonably justify a sentence of 28 months'
imprisonment for this defendant."<br><br>
They all said Stewart was "convicted principally with respect to
(her violating) measures by which (she) had agreed to abide," namely
SAMs. They rejected her "argument that, as a lawyer, she was not
bound by (them), and her belated argument collaterally attacking their
constitutionality." They also:<br><br>
"affirm(ed her conviction) of providing and concealing material
support to the conspiracy to murder persons in a foreign country (and) of
conspiring to provide and conceal such support....We conclude that the
charges were valid (and) the evidence was sufficient to sustain the
convictions. We also reject Stewart's claims that her purported attempt
to serve as a 'zealous advocate' for her client provides her with
immunity from the convictions...."<br><br>
"Finally, we affirm Stewart's convictions for knowingly and
willfully making false statements....when she affirmed that she intended
to, and would, abide by the SAMs. In light of her repeated and flagrant
violation of (them), a reasonable factfinder could conclude that (her)
representations that she intended to and would abide by the SAMs were
knowingly false when made. We reject the remaining challenges to the
convictions. (We) affirm the district court's rejection of Stewart's
claim that she was selectively prosecuted on account of her gender or
political beliefs....We therefore affirm the convictions in their
entirety."<br><br>
They redirected her case to District Court Judge Koeltl for
re-sentencing. The DOJ wants 30 years. Koeltl originally imposed 28
months, let Stewart remain free on bond pending appeal, implied his
decision might be overturned because of a gross miscarriage of justice,
effectively rebuked the Bush administration at the time, and handed it a
major defeat. Her fate is now in his hands, but justice has already been
denied at a time we're all as vulnerable as she if we dare resist state
policies, unchanged under an administration no different from its
predecessor.<br><br>
In a November 17 news conference, Stewart said:<br><br>
"I'm too old to cry, but it hurts too much not to." In
criticizing the Court's decision, she said its timing "on the eve of
the arrival of the tortured men from offshore prison in Guantanamo"
suggests that lawyers appointed to represent them may face the same fate
as she. "If you're going to lawyer for these people, you'd better
toe very close to the line that the government has set out (because
they'll) be watching you every inch of the way, (so those who don't) will
end up like Lynne Stewart. This is a case that is bigger than just me
personally (but she added that she'll) go on fighting."<br><br>
So will her lawyer, Joshua Dratel, who said he'll pursue it "as far
and as long as we can," including a possible Supreme Court review.
The Obama US attorney's office was silent, effectively affirming a gross
injustice at a time the due process and judicial fairness thresholds
are so low that all Americans risk the same fate as Lynne.<br><br>
Stephen Lendman is a Research Associate of the Centre for Research on
Globalization. He lives in Chicago and can be reached at
lendmanstephen@sbcglobal.net.<br><br>
Also visit his blog site sjlendman.blogspot.com and listen to The Global
Research News Hour on RepublicBroadcasting.org Monday - Friday at 10AM US
Central time for cutting-edge discussions with distinguished guests on
world and national issues. All programs are archived for easy
listening.<br><br>
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