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.
Showing posts with label Lynne Stewart. Show all posts
Showing posts with label Lynne Stewart. Show all posts
Wednesday, July 11, 2012
Tuesday, July 3, 2012
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
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
Saturday, June 30, 2012
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.
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.
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