[Ppnews] Lynne Stewart Jailed

[Political Prisoner News]

Lynne Stewart: Heroic Human Rights Lawyer Jailed - by Stephen Lendman

On November 20, New York Times writer Colin Moynihan broke the news headlining:

"Radical Lawyer Convicted of Aiding Terrorist Is Jailed," then saying:

"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."

Fact check:

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:

"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."

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.

Stewart (prison number 53504-054) is now jailed at:
MCC-NY
150 Park Row
New York, NY 10007

Betrayed by American Justice

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:

-- "conspiring to defraud the United States;

-- conspiring to provide and conceal material support to terrorist activity;

-- providing and concealing material support to terrorist activity; and

-- two counts of making false statements."

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.

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.

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.

Her case was precedent-setting, chilling, and according to the Center 
of Constitutional Rights Michael Ratner:

sent "a message to lawyers who represent alleged terrorists that it's 
dangerous to do so."

Her attorney, Michael Tigar, called it:

"an attack on a gallant, charismatic and effective fighter for 
justice (with) at least three fundamental faults:

-- (it) attack(ed) the First Amendment right of free speech, free 
press and petition;

-- the right to effective assistance of counsel (by) chill(ing) the 
defense; (and)

-- 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."

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."

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.

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.

Stewart Ordered to Prison

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.

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.

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."

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:

"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...."

"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."

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.

In a November 17 news conference, Stewart said:

"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."

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.

Stephen Lendman is a Research Associate of the Centre for Research on 
Globalization. He lives in Chicago and can be reached at 
lendmanstephen at sbcglobal.net.

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.

<http://republicbroadcasting.org/Global%20Research/index.php?cmd=archives.year&ProgramID=33&year=9>http://republicbroadcasting.org/Global%20Research/index.php?cmd=archives.year&ProgramID=33&year=9






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