Lynne Stewart's Long Struggle for Justice - by Stephen Lendman
On April 9, 2002, Attorney General John Ashcroft made a symbolic visit to "Ground Zero." While in New York, he held a well-publicized press conference at the US Attorney's Office and used the occasion for an indictment. Four individuals were named on charges of conspiracy and materially aiding a terrorist organization. One of them was long-time civil rights lawyer Lynne Stewart. On the same day, FBI agents arrested her at her home and illegally seized documents there and from her office that are protected by attorney-client privilege.
In July 2003, Federal District Court Judge John Koeltl (a 1994 Clinton appointee) dismissed the original charges for being "unconstitutionally void for vagueness" and because they "revealed a lack of prosecutorial standards." Nonetheless, Stewart was symbolically reindicted on November 22, 2003 (the 40th year anniversary of John F. Kennedy's assassination) on five counts of aiding and abetting a terrorist organization under the 1996 Antiterrorism Act. Specific charges included:
-- "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."
Stewart was also accused of violating US Bureau of Prisons-imposed Special Administrative Measures (SAMS) that included a gag order on her client, Sheik Abdel Rahman. These measures are imposed on some prisoners to forbid discussion (even with an attorney) of topics DOJ claims are outside the scope of their "legal representation." It's all very vague, does more to harass and obstruct justice than protect state secrets, yet Stewart was forced to accept them to gain access to her client.
In her case, police state-type attorney-client monitored conversations provided the basis for her indictment. However, engaging in this practice stretches the limit of the law, gives DOJ sole authority to decide how far and for what purpose, and in this instance egregiously overstepped it by charging defense counsel with aiding and abetting terrorism for representing her client as required.
At former US Attorney General Ramsey Clark's request, Stewart agreed to join him as a member of Rahman's court-appointed defense team. He was convicted in his 1995 show trial and is now serving a life sentence for "seditious conspiracy" in connection with the 1993 World Trade Center Center bombing despite evidence proving his innocence.
However, in what's now common practice, the government's case related more to his affiliations and anti-western views than specific evidence presented. Rahman was connected to the Egyptian-based Al-Gamaa al-Islamiyya (Islamic Group) - a 1997 State Department-designated "Foreign Terrorist Organization (FTO). Ironically in the 1980s, he was handled much differently as a "valuable (CIA) asset" for his influential role in recruiting Mujahadeen fighters against the Soviets in Afghanistan. It was no accident that he got a US visa, green card and State Department-CIA protection for as long as he was valued. When he wasn't, he became a target along with Lynne Stewart who represented him at trial.
Stewart's charges were trumped up, outrageous, and likely first time ever instance of a defense attorney in a terrorism case facing terrorism-related counts - for doing her job as the law requires and that renders attorney-client confidentiality sacrosanct under our criminal justice system. No matter, if convicted, she faced a possible 30 year sentence.
In America's "war on terrorism," her precedent-setting case is chilling, and president of the Center for Constitutional Rights, Michael Ratner, explained it: Its "purpose....was to send a message to lawyers who represent alleged terrorists that it's dangerous to do so." It's also an effort to exploit the current atmosphere, incite fear and suspicions, stifle dissent, and make it just as risky for anyone with openly critical views of government policies. In Police State America, we're all Lynne Stewarts.
At the time of her indictment, her attorney, Michael Tigar, explained what was at stake:
"This case (still ongoing) is an attack on a gallant, charismatic and effective fighter for justice (and has) at least three fundamental faults: (it) attack(s) the First Amendment right of free speech, free press and petition; (it) attack(s)....the right to effective assistance of counsel ....chills 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." In America's "war on terrorism," many other defense attorneys can cite similar instances of lawlessness and injustice today.
However, in targeting Stewart, DOJ may have gotten more than it bargained for. Whatever the outcome, her case shamed the government, gave her worldwide recognition, made her a powerful symbolic figure, and elevated her to iconic stature. For her honor, devotion to principles, and lifetime of service to society's most abused, she deserves it and more.
I am a 72 year old, retired, progressive small businessman concerned about all the major national and world issues, committed to speak out and write about them.
we are guilty because they say we are. we are also guilty because they wish us to be. we are guilty because they rule that we are.
but why are we not free because we say we are, and wish us to be, and rule that we are.
take to the streets and lanes. take our burdens and chains. take the chance to unburden our tired brains. make the earth tilt with the magnetism of hope and love. tell america i love what you were but not what you have become. i am here to change the tidal wave. it will take much strength. it will take a horde of beings.
it will be done. it will be won. it will be until we still the seas and trample the earth with our love. we will take our country back by overturning the arbitrary powers. by overturning the unrighteous. by overturning our beliefs in a ruling class. we will rule , the people, and not the plutocrats.
for peace shall come only with our wresting away the sham of representatives who bow to the cfr and northrop and evangelical crazies.
our flag will be an empty pole with rope holding only air. our song of our nation will be imagine by john lennon. our nation will not be subsumed by mexico nor canada nor the european union. we will no longer be divisive and think of ourselves of american jew, afro-american, irish american, nor wasp, nor muslim. we are one.
wolfie the pragmatist
by
Wolfie (8 articles, 0 quicklinks, 9 diaries, 972 comments)
on Thursday, April 3, 2008 at 12:07:36 PM
We are all hoping for the best out of this travesty and that she is finally exonerated. The way the DOJ operates you can almost automatically believe that justice has been thwarted when they are involved.
by
Archie (0 articles, 0 quicklinks, 0 diaries, 841 comments)
on Thursday, April 3, 2008 at 2:07:03 PM
It also lends creedence to the argument that the real threat to freedom doesn't come from attorney advocates who defend alleged terrorists, but from Federalist Society stooges who undermine the the very laws that make all of us free.
I have been very aware of their role in the US Supreme Court, something we will have to live with for perhaps decades and long after the Bush/Cheney Cabal is gone. But I hadn't been aware that so many federalist society judges had been planted in the entire legal justice system and dominate it so. If this isn't a threat to democracy then nothing is. The fact they hide behind James Madison is laughable. He must be rolling in his grave! And talk about conspiracy! Theirs seem obvious. To undermine the Constitution of the United States. My prayers go out to Lynne. Also glad to see that a Clinton appointed judge did the right thing.
by
Michael Shaw (7 articles, 1 quicklinks, 1 diaries, 304 comments)
on Friday, April 4, 2008 at 11:19:00 AM
