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NEW
YORK—In a dramatic setback for civil liberties, radical human rights
attorney Lynne Stewart had her sentence on “conspiracy to aid and abet
terrorism” increased from 28 months to 10 years. The July 15 ruling by
Judge John Koeltl of the Federal District Court in Manhattan lengthened
his original 2005 sentence of Stewart by over four times!
Lynne
Stewart is a 70-year-old grandmother in ill health, who has battled
breast cancer and receives chemotherapy. She also has diabetes. Ralph
Poynter, lifelong activist and Stewart’s husband, called the ruling “a
death sentence.” Former U.S. Attorney Gen. Ramsey Clark called the
decision “a travesty, a total injustice.”
A
motion to appeal was filed by Stewart’s attorneys in July. Stewart has
been imprisoned in a lower Manhattan jail since Nov. 19. The sentence
stems from Stewart’s fearless defense of the rights of Sheik Omar
Rachman, accused of conspiring to blow up New York landmarks. Convicted
in 1995, he was sentenced essentially to life in prison. Throughout his
trial no physical evidence was ever found.
The
attack on Stewart will surely impact on the fight for democratic
rights, including the struggles against war and racism, for immigrant
rights, labor rights, etc. Like Bush, Obama has sought to railroad
Stewart with a 15 to 30-year sentence. As a backdrop to two unpopular
wars, the Obama administration is targeting Stewart as a warning to
those who defend the rights of Muslims and others accused of
“terrorism.”
Under
legal and political pressure from Washington, a Nov. 17 ruling of the
federal Court of Appeals for the Second Circuit voided Stewart’s 2005
sentence as too lenient, calling it “substantially unreasonable.” In an
extraordinary decision, it ordered Koeltl to rule again on Stewart’s
case. It added that Koeltl must also rule again on the “terrorism
enhancement” sections of the Patriot Act and the Clinton-era
Anti-Terrorism Act.
Koeltl’s
July decision, while praising Lynne’s life-long service to the poor,
said Stewart had lied under oath, an offense he claimed he had not
ruled on. (In other words, he had not bowed sufficiently to political
pressure.) However, a reading of Koeltl’s 2005 decision shows that he
did rule on it.
Koeltl
also said Stewart had showed a “lack of remorse,” citing her parting
remark to a jail-door rally that she could do 28 months “standing on my
head,” a phrase used to calm supporters. (Her remark was prefaced with,
“As many of my clients have told me...”) In July, Stewart told the
court, “Over the last eight months, prison has diminished me. Daily I
confront the prospect of death,” but added, “We will continue to
struggle on.”
Lynne
was represented by attorney Jill Shellow, who argued the new sentence
was “dramatically unreasonable … overstat(ing) the seriousness” of the
charges; the first ruling more in keeping with other court rulings on
“terrorism enhancement.” In reality, the spineless Koeltl did not have
to issue a tougher sentence or a new sentence at all. But, given the
corrupt capitalist justice system and docile corporate media, a more
vicious sentence was handed down.
After
rallying outside, more than 100 Stewart supporters packed the courtroom
and adjacent viewing room, erupting in shouts of solidarity and “We
love you Lynne!” Many wiped away tears.
In
2000, Stewart publicized a Rachman press release to supporters in
Egypt, in violation of a gag act called a Special Administration
Measure (SAM). Stewart has said that communicating her client’s
message, not an uncommon practice, was part of a “vigorous defense.” No
one was injured, but Stewart now says she should have challenged the
restriction before violating it.
Stewart’s
SAM violation, when brought before then U.S. Attorney General Janet
Reno prior to the 9/11 attacks, was passed over. Ramsey Clark, a
Rachman case co-council, said his SAM violations were also overlooked.
At most, such offenses usually meant the denial of visitation rights,
even during the pre 9/11 Bush administration.
But
after 9/11, former Attorney General George Ashcroft used Stewart’s
violations to connect Stewart to terrorism. Ashcroft himself escaped
punishment when he violated similar rules by publicly calling Stewart a
“terrorist lawyer.”
Throughout
the ordeal the Lynne Stewart Defense Organization has kept the pressure
on. A July 8 indoor rally in New York raised $3000. The evening before
Lynne’s hearing, protesters assembled below her prison window, waving
as she waved back.
Hearing
from supporters is important to Lynne. Please send mail to: Lynne
Stewart #53504-054 MCC-NY 150 Park Row, New York, NY 10007. Visit www.lynnestewart.org
and www.ralphpoynter@yahoo.com.
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