Lynne Stewart: Bittersweet Week and the Future

Email for us from Lynne Stewart about her health and the Second
Circuit decision upholding her 10 year sentence

July 2 2012/ 9:30 am

The past week has confronted me with changes both bitter and sweet
and I want to share with all of you my outlook. On the "sweet" side
(because as progressive leftists, we always try to assuage the bitter
!) the best and most important news is that I have had my long
awaited surgery, more problematic than the Doctor expected, spent a
few days in hospital in Fort Worth and at Carswell prison and am in a
slow recovery back in my unit. I have been given a walker to insure
that I don't have a fall as the operation left me anemic and I
sometimes am a little dizzy and weak...BUT THE GREAT THING IS THAT I
AM CURED AND AM FUNCTIONING NORMALLY, with a rebuilt bladder and an
absence of discomfort from a distended uterus. (I know that this is
more information than many of you want -- my male supporters
particularly !!!) I feel better and stronger every day and am, of
course, determined to deal with healing naturally. I am not here to
praise the great care I received (still had my feet shackled, belly
chained and cuffed; no contact with anyone who might be worrying
about me etc. from the Bureau of Prisons; I can tell plenty of horror
stories about the care of the women in here); but I have come through
and am ready to soon resume STRUGGLE. Ralph paid me an unscheduled
visit this weekend gave me a real boost and will be more than happy
to report further on this positive health development !!!

THAT SAID, the bitter occurrence was of course, the snide and
unsubstantiated opinion of the Second Circuit (posted on my website)
denying any relief from the draconian sentence change imposed the
second time around. A blow, but not mortal. We will do an appeal to
all of the Judges of the Second Circuit sitting en banc, to
reverse. Hopefully and we always hope, those Judges will take a
different viewpoint. In reading the opinion there is a hypocritical
view expressed that the first Judge Koeltl sentence and opinion is
all wrong but the second sentence and opinion (as orchestrated by
their remand) was all right. Will the real decision maker please
stand up?? Also, the moral underpinning of their entire prosecution
is now more questionable with the newly elected President of Egypt
demanding the return of my "terrorist" client Sheik Omar Abdel
Rahman. If he is a hero of the Arab Spring than my aid was a
positive thing --yes??? Certainly not the criminal support the US
government gave to the 40 year Dictator Mubarak !!!

In any event, we also go forward after the en banc to the next
"legal" stage of the case...the certiorari petition for my entire
case to the United States Supreme Court. As should be remembered,
from that April day in 2002 when Attorney General Ashcroft rode into
NY and announced a "significant arrest and indictment", this is the
case that has the Bill of Rights affronted on almost every issue. As
my colleague and brother, Attorney Michael Smith said to me then;
there are First, Fourth, Fifth, Sixth, Eighth Amendment violation and
that's just for starters. We are going to confront the Government
and the Supremes and hopefully raise the awareness of the legal and
the community at large to the terrible infringements and danger to
all if my case is not reversed. Back Now to the fundamentals and as
Ralph says----"We've got them right where we want them"!! We fight on.

In closing I have to say that any weakness in my body should not be
mistaken for a weakness in my spirit or will. When I signed on for
this struggle back in 1962, to rescue my country and all its people
from the powers that would ruin, twist and destroy us all, it wasn't
for a week or a day but always--until we win. I welcome your support and love.

Court Confirms Ten-Year Sentence for Lynne Stewart

June 29, 2012 lynnestewart.org

BY JEFF MACKLER

The U.S. Court of Appeals for the Second Circuit today confirmed the 2010 decision of Federal District Court Judge John Koeltl to change his 28-month jail sentence for radical attorney and human rights activist, Lynne Stewart, to ten years. The court’s June 28, 2012 decision was not unexpected.

Following federal prosecutors’ appeal of what was widely considered a “lenient sentence,” the Second Circuit all but ordered a compliant Koeltl to re-sentence Stewart and harshly. Koeltl did just that, forcing Stewart to appeal to the very court that originally pressured Koeltl, in what was widely considered a “career decision” to do Stewart great harm.

Stewart was convicted at an outrageous 2005 New York frame-up trial on five counts of conspiracy to aid and abet and provide material support to terrorism. Her crime? Representing the “blind Sheik,” the Egyptian cleric, Omar Abdel Rachman, who had also been convicted on trumphed-up conspiracy charges. Stewart issued a press release from her client stating his views on how Egyptian Muslim oppositionists should react to the ongoing crimes and murders of Egypt’s then President Hosni Mubarak.

Stewart was convicted of violating a vaguely-worded court-ordered SAM (Special Administrative Measure) that barred her from revealing her client’s opinions. The penalty for such violations had traditionally been a mild slap on the wrist, perhaps a warning to not repeat the “violation” and to bar attorney-client visits for a few months. Barring an unlikely Supreme Court reversal, she will now serve her ten-year sentence with perhaps a one-year or ten percent reduction for “good behavior.” She is presently incarcerated at FMC Carswell in Fort Worth, Texas.

Koeltl’s original 28-month sentence statement, in the face of federal prosecutors demanding 30 years, noted that Stewart, known for representing the poor and oppressed for three decades with little financial remuneration, was a “credit to the legal profession.” Stewart served as lead counsel for her client along with former U.S. Attorney General Ramsey Clark, who testified on her behalf during the trial. Clark himself had issued similar press releases with no punishment. Indeed, an indignant prosecutor during Stewart’s trial suggested that Clark himself be charged with conspiracy, but his superiors decided that imprisoning the nation’s former top attorney was not yet in their game plan and the suggestion was ignored.

The Second Circuit decision was based on the allegations that Stewart demonstrated insufficient deference to the original sentence. The court claimed that her statement to the media immediately following her sentence that, “I can do 28 months standing on my head,” demonstrated contempt for the legal system. I was standing next to Stewart at that moment and saw nothing other than a great expression of relief that she would not be sentenced, in effect to death, based on the 30 years that federal prosecutors sought. Stewart entered the sentencing hearing on that day, totally ignorant of whether her sentence would be the deeply punishing 30 years demanded by the federal prosecutors or perhaps something that she, 70 years old at the time, could “live with” and look forward to a normal life after having served the time. She carried nothing but a plastic bag, some medicines and a toothbrush.

The Second Circuit also too umbrage at Stewart’s courageous statement when she took the stand to make her closing remarks at her trial. Her attorney at that time, Michael Tiger, asked, referring to Stewart’s issuing the press release on her client’s behalf, “Lynne, if you had to do it all over again would you do the same thing?” With a tear in her eye, Stewart stated, “I would hope that I would have the courage to do it again” She paused and continued, “I would do it again.” Stewart also insisted that her sworn duty to represent her client had to weighed against the formalities of laws or court orders that prevented such diligent representation.

This refusal to bow to authority, to show the “required deference” to legal bullies with power, outraged her persecutors, who sought vengeance in the rigged criminal “justice” system.

Stewart’s now rejected appeal argued three essential points:

I. In relying on Lynne Stewart’s public statements to enhance the original sentence of 28 months, her First Amendment rights were abridged
II. The fourfold increase in the sentence was substantively unreasonable and failed to balance her lifetime of contribution to the community and country with the criminal act of which she was convicted.
III. The Judge’s findings of Perjury and Misuse of her position as an Attorney on which he also based the increase, were error.

“Free Lynne Stewart” must remain the rallying cry of all those who cherish civil liberties and democratic rights. Stewart, like so many others, but perhaps among the first tier, was a victim of the government-promoted malicious and murderous “war on terror” aimed at stifling all dissent and imprisoning the innocent to justify its wars against working people at home and against the oppressed and exploited across the globe.

Jeff Mackler is the West Coast Coordinator of the Lynne Stewart Defense Committee

NY court upholds lawyer's 10-year prison sentence

June 28, 2012 Associated Press

NEW YORK — A federal appeals court has upheld a harsher sentence for a civil rights lawyer convicted in a terrorism case.

The court says it was fair to boost Lynne Stewart's sentence to 10 years in prison from the just over two years she had faced before.

The 2nd U.S. Circuit Court of Appeals in Manhattan said Thursday that it disagreed with Stewart's claim that her sentence was "shockingly high." It is accusing the now-disbarred lawyer of exhibiting a "stark inability to understand the seriousness of her crimes."

The appeals court says Stewart placed lives in danger when she allowed a blind Egyptian sheik serving a life sentence for terrorism crimes to communicate with followers. She was convicted in 2005 of conspiracy and providing material support to terrorists.

FREE LYNNE STEWART !!!! Come and Support Lynne’s appeal February 29!

February 16th, 2012 Lynn Stewart.org

FREE LYNNE STEWART !!!! Come and Support Lynne’s appeal!

VIGIL – February 28, 2012 sundown until @ Tom Paine Park, NYC

OCCUPY THE COURTS February 29, 2012 – Lynne’s Appeal @ 500 Pearl Street, NYC 9am

Lynne says:

“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.”

Feb 28th & 29th - Lynne Stewart Support Events

Please come out to these events to support Lynne Stewart in her
appeal in the Second Circuit Federal Appeals Court. The following
information was confirmed with Ralph Poynter, Lynne's husband and
comrade. Note new times for all the events.

**********************************************************************

Tues., Feb. 28, from 6 PM to Wed., Feb. 29 at 5 PM at Tom Paine Park
(Foley Square Park), just beside the Federal Courthouse at 500 Pearl
Street in lower Manhattan: We will have a rally and OCCUPY the park.
Come with your banners, drums, poems, prayers, songs, raps, shouts.
Stay over night in the park to let the government know that we
dissent from the use of incarceration as a tool of political terror.

Wed., Feb. 29, at 8 AM at the Federal Courthouse, 500 Pearl Street in
lower Manhattan: the beginning of Lynne's appeal (hearing scheduled
for 9 AM, but arrive early to get into the courtroom). Come and RALLY
in support of Lynne and ALL POLITICAL PRISONERS. Let's let them know
that the 99% are unambiguously opposed to the state terror that
political incarceration represents!

Note: The "Artists and Poets Speak Out for Lynne Stewart" event
originally set for Feb. 27 has been cancelled.

For background on the case and Lynne's current situation, including a
slide show illustrating a recent interview with Lynne's husband Ralph
Poynter by Mya Shone and Ralph Schoenman of the "Taking Aim" show at
http://politube.org/show/3377.

**********************************************************************

From: http://lynnestewart.org/

Wed., February 29, 2012
Second Circuit Argument in Lynne's Case
Second Circuit oral arguments in Lynne's case will take place on
February 29, 2012, at the U.S. Courthouse in Manhattan, 500 Pearl
Street. Lynne will not be there but hopes for a massive turnout! More
information coming soon!

Write Lynne
To send Lynne a letter, write:
Lynne Stewart #53504-054
Federal Medical Center, Carswell
PO Box 27137
Ft. Worth, TX 76127
For more information e-mail us at 1lawyerleft at gmail.com

Lynne Stewart about her appeal

(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.

Geronimo Jijaga Pratt - by Lynne Stewart

The untimely death of Geronimo Jijaga Pratt has hit me very hard because it reminds
me of all the work yet to be done.  Not only the liberation of the oppressed to
which Geronimo dedicated himself as a young man and again after his release but also
the liberation of those locked away in the torture chambers of this Gulag USA.

The loss of Geronimo is so difficult because he was robbed of the opportunity to
contribute to the long term struggle for liberation of the Black community in his
most productive years.  Yes, there was always a mention or a placard "Free Geronimo
Pratt !" but his ability to publicly inspire and uplift was jailed at San Quentin.
He was there in his 20's and 30's and 40's.  The movement suffered...Hoover and his
like triumphed. We must now undo this evil.

By torture chambers I mean, of course, the Prison "holes", those places of solitary
confinement, where  loneliness and total lack of human contact, drive people mad.
Even the strong are "modified".  Many of those who have been jailed in this way are
political prisoners.  Many of them have been in  24 hour lockdown for more than 20
years and face the rest of their lives there.  I really don't need to name
names--they are engraved on my heart and I hope on yours.  Just check the Jericho
website for a complete rundown.  And also,  dare I say it, the Project Salam listing
of Muslims wrongfully imprisoned. If we are spared and are still in the world and
able to act and activate--this is our primary obligation if we think of ourselves as
political, to take up this struggle and liberate those behind bars.  As Mutulu
Shakur wrote to me (and I paraphrase) "The faith of those who gave their all and
still wait for the dedicated comrades, the People, to bring them home, is greater
than any religious devotion. "

Geronimo's death reminds us of this paramount obligation. The enemy, in the BOP, the
Nebraska and New York and Louisiana prisons will never act until  those unjust
imprisonments becomes more detrimental to them and their system than freeing our
brothers and sisters.  Action! Action!   Change! Change!

GERONIMO JIJAGA PRATT--Presente!             Live Like Him!!

PP Lynne Stewart -
FREE LYNNE STEWART!

Some musings on the subject of political prisoners and Mumia

March 10, 2011 By Lynne Stewart

In the USA we hope we are experiencing that
groundswell of a time when events and history
come together; that the protest against  what is
happening to civil service workers will result in
such a wave of people power that change will
start breaking out for all of us. (It should be
noted that this outpouring of people's outrage is
not INSTITUTIONALIZED -- not led by the unions or
the established Left but mainly by outraged
individuals and students, who are not coming out
for a rally on the weekend and then resuming life
as usual -- the plasma tv, the remote control,
beer, sports and the SUV. No, People seem to be
ready to make it happen this time. The Common Good.

We need it and mostly we need it for our
Political Prisoners and Prisoners of War. This
group of morally incorruptible and creative and
clear political thinkers, dating from the
righteous struggles of the '60's; some of whom
have been in the depths of dungeons for more than
a lifetime, and others, who are relative
newcomers (like me, Bradley Manning, of
Wikileaks; and Tim DeChristopher, the man who bid
on the Utah oil leases and disrupted Bush's last
environmental gifting to the financially elite.)

Of course, officially there are "no political
prisoners in the US"; just like officially, the
government is now trying to say, they always
supported the anti-Mubarak forces and democracy
for Egypt. History says differently, and we must
be ready to seize the moment to pressure for
release of the unjustly imprisoned 100+ men and
women, known to be incarcerated for their
espoused political motivations. (This number
sadly does not include the Muslims, but that's
a struggle for another day.)

We do not deserve to be called a movement if we
do not rescue our own. Their absolute and abiding
faith in us to do so remains the litmus test of
our dedication and belief in solidarity. It is
stronger than any religious belief I know of.

We must recognize that COINTELPRO has now morphed
into the outrageous entrapment tactics of FBI
informants targeting mosques and youth of color.
It is hard to believe that juries are swallowing
the swill served up to them by the Government --
but the history of America says differently.  How
many Black men were lynched and more lately
convicted of rape because it was an easy kill --
racism + sex = GUILTY?  Then it was communism and
anarchism -- Sacco and Vanzetti -- the
deportation of Emma Goldman followed by McCarthy
and the witch hunts of the 50's. Then the 60's
and the attacks on the Black Panthers and Black
Liberation Army and any movement that sought real change.

Fast Forward to Now and we have countless
"terrorist" plots by men and women who can't
even do the math or who have been lured by dollar
or glory promises, and grand jury subpoenas for
Green terrorism and supporters of righteous movements abroad.

Many of our U.S. political prisoners are well
known internationally. Mumia Abu Jamal epitomizes
the best among us politically and as a racial
champion. His brilliant insights collected weekly
by Noelle Hanrahan for broadcast and his courage
as he toughs it out on Death Row must bring a
deep commitment from all of us not to allow them
to subject him to his state-contrived death.  He
is the best of the best.  Likewise Leonard
Peltier, a warrior who enlisted in a war that has
been waged for 400 years against the U.S. planned
genocide of native people.  Both men are innocent
of the crimes for which they continue to rot in
prison.  And the State knows it.  At this time
there is little hope for relief for either man
through legal channels. No!  Their freedom
depends on whether, we, the People can be
organized, rise up and demand it.  May it
happen.  We challenge a wily opponent, one who in
the sixties was able to buy our movement and con
people with notions that poverty pimping was
organizing for change.  We know better.  There is
a new generation.  The freedom of our own must be
realized and it must be soon.  We cannot be deterred.

We ask and resolve that the international
community join us.  This struggle is a dire one
because of the age of our captured heroes.  We
must Free Mumia! Leonard shall be returned to the
Lakota and all native peoples! Free All Political
Prisoners!  Free 'em all.

Lynne Stewart
Carswell Federal Prison
Fort Worth TEXAS

3/10/11

Lynne Stewart on FBI Witch Hunts

SUBPOENAS
BY LYNNE STEWART

I began my career as a political movement lawyer.  The government was
rounding up the last of the die hard militants,  many of whom had been
underground, and prosecuting them as a part of the pincer movement.

They also subpoenaed anyone with any tangential relationship to those who had
been arrested.  I am talking about their daters, their lovers, their
teachers, their religious leaders, their estranged relatives, those who had
attended meetings, rallies etc.

All of these activities centered upon an expropriation in suburban NY of a
Brinks armored truck and the people who were arrested then and later.  Their
purpose??  To intimidate that branch of the movement that could be counted
on to support militancy and troll for even the most insignificant crumbs of
information that might be fitted together to enmesh suspects.

What happened?  Most people who had  been taped by the government lawyered
up with movement lawyers, guided in part by the legal work of Bob Boyle and
Guild lawyers who had written legal representation before Grand juries which
remains the standard on what to do and when to do it.  A person subpeonaed is
in the unenviable position of having only the vaguest idea of what the
government may want, and is faced ultimately with the choice of testifying
against comrades or spending long months in jail.

They may even face a possibility of being indicted for contempt and facing a
sentence that is completely up to a judge.  In the face of this challenge in
that day, I can only say that most people chose not to testify and to wait
out the government.  They gave up an existence as they were living it--
jobs, relationships, and all that constitutes daily life, and they went to
jail.  And they stayed in jail for many months and they didn't give in.

Now we are in another era- - one that was not born from the euphoria and
idealism of the 60's, and the government is once again arresting, subpoenaing,
and tormenting movement people, hoping they will become informants.  And the
reaction of the movement?  We resist.

We stand strong with the resisters who elect not to become part of the same
prosecution team that has terrorized the world.  Now the so-called
Department of Justice [ha!] has decided to focus on support groups of the
world's peoples and also on eco-terrorism.  Why?  Because they can!  It
sends a message to the people that it's dangerous, don't join, don't resist.
That message must once again be shouted down, first by the resisters who
will go to jail, and second by us, the movement who must support them by
always filling those cold marble courtrooms to show our solidarity, and by
speaking out so that their sacrifice is constantly remembered.

Our principle of non-collaboration has so far proved robust.  There has been
no wavering.  Our support must continue to convince everyone involved that
these are issues of principle. There can be no compromise.  Resisters must
be defended to the utmost of our strength and abilities.

Venceremos

Love/Struggle
Lynne Stewart
Carswell Federal Prison


Write to Lynne:

Lynne Stewart #53504-054
FMC Carswell
P.O. Box 27137
Fort Worth, TX 76127