Occupy4Prisoners: North America's Political Prisoners

Political Prisoners in the North American Homeland   By J. B. Gerald

Global Research,  February 7, 2012

The legal systems of Canada and the U.S. make no separate recognition of "political prisoners." This encourages police malfeasance and a bending of the legal system to cope with political protest in the same manner as crimes of self-interest. Confused by the difference, society prefers to sort its members into "good" and "bad". As totalitarian controls by government increase, more people will probably assert their humanity and the numbers of political prisoners will grow, but in the process criminalize entire groups of people who have strong convictions, integrity, loyalty to community, and care deeply about what happens to their country, society, humanity. In Canada the concept of what is a political prisoner, varies by community. Native people have been political prisoners for generations, as have the poor, confined by prison or circumstance. Due to the Canadian government's Middle East policies which involve strong interface with Israel, media focus on political prisoners for the past ten years concerns Muslims as suspects in the 'war on terrorism.' The high profile political prisoners were arrested on Canadian Security Certificates which according to Canada's Supreme Court , ignored the victims' human rights and needed adjustment. The Conservative government's compliance was minimal and inadequate. Held on a Security Certificate for 12 years in detention and house arrest, without charge or knowing his accusers, Mohammad Mahjoub was released from several limitations of his freedom, February 3rd, by Federal Court in Toronto which found the intrusive surveillance unreasonable. Mahjoub had previously chosen to return to prison rather than inflict the government's surveillance on his family. With current trials of G20 protestors and an "Occupy" movement which may last, Canada begins to field the edge of its conscience. June 2010 in Toronto, thousands of Canadians protested the G20 conference of global leaders and were met with illegal police tactics, massive pre-planned detention, threats, and abuse of the peoples' human rights. With occasional possibly 'staged' exceptions, the protests were non-violent. According to The Dominion, of the more than eleven hundred arrested, 66 remain in legal battles while some still face charges. Seven are serving sentences for their participation: Ryan Rainville, Mandy Hiscocks, Alex Hundert, Leah Henderson, Peter Hopperton, Erik Lankin (released Jan. 26th), Adam Lewis, and Greg Noltie-Rowley. Mandy Hiscocks, convicted of "Counseling to Commit Mischief and Counseling to Obstruct Police," faced the judge before her sentencing and objected to his comparison of G20 protest tactics to the illegal and racist tactics of the Ku Klux Klan. She noted there's no comparison between G20 protest tactics and the K.K.K.'s, and that it was tactics the judge objected to rather than the Klan's insistence on White Supremacy. She is a credit to Canadians and was sentenced to from 20 months to 2 years. A historical note about the Klan: a White Supremacist group in the U.S. South the Ku Klux Klan was one result of the U.S. Civil War and Northern Occupation. While the K.K.K. claimed to protect Southern values its insistence on White Supremacy betrayed the people's tradition. In the old South insurrections of black slaves and poor whites joined forces and were an ongoing primary resistance to enslavement. This brought extreme control mechanisms to keep the groups apart. White Supremacy always serves the machinery of controls. The K.K.K. relied on lynching effected by mobs within a hierarchy of authority. By the 1960's the murders became more clandestine with overt burning of crosses and gatherings as symbolic shows of assent. During the 1960's the U.S. K.K.K. increasingly included FBI, Tobacco and Firearms, local law enforcement and other covert informants. These were implicated in the murders of civil rights workers and Blacks. The Klan's effect on white communities through its code of silence, the fact that it denied its victims the chance to answer any accusations against them (familiar in current U.S. law on detentions and Canadian Security Certificates), and exclusion of non-white enterprises, provides an unspoken more polished interface with contemporary neo-conservatives in the U.S. and Canada. In Canada the subliminal strain of White Supremacy is rarely addressed directly, in a culture increasingly formed by intellectual management. On the U.S. rolls of political prisoners the culture's areas of intolerance remain constant. In this century so far Muslim suspects in a "war on terrorism" have been primary targets within a framework that has brutally suppressed Blacks and all dissidents, an ongoing oppression with repeating patterns of targeting, entrapment, or selective application of the law in crimes unrelated to the moral crime the dissident is addressing. Revolutionaries whose crimes are a result of being trapped into direct confrontations with police could be considered prisoners of war and granted nominal rights at least under Geneva Conventions. Increasingly at risk are community leaders, "Occupy" activists, veterans, and any who subscribe to an internationally recognized code of human rights. Application of international laws, including the Geneva Conventions, is discouraged in the U.S., if permitted at all. Because application threatens the fabric of U.S. law, government targets are 'processed' with whatever grey area of crime can discredit them most effectively. On Feb. 3rd U.S. Federal Court in Syracuse forfeited a chance to correct its injustice, and Dr. Rafil Dhafir was re-sentenced to his original term of 22 years in prison, with close to a million dollars restitution required. Dr. Dhafir had supplied Iraqi children with medicines and food in an attempt to save those he could. His actions affirmed Islamic religious law and Judeo-Christianity . His efforts were effectively stopped by prosecution and imprisonment. He was charged and convicted on 59 counts for breaking "Sanctions," fraud, tax evasion, etc.. The thorough vetting of the case by all U.S. agencies involved, left out of the equation a genocide of the Iraqi people. Community leaders are taken out of community by charges intended to disgrace them, rather than by confronting the necessity of their moral stands. It's such a customary practice that in Boston, the incarceration of Charles Turner passed unnoticed by national media. A Harvard graduate in the days when Harvard accepted token people of colour, Turner was unpretentious, easy going but very careful. Years later, as a community leader in Boston representing Blacks and the poor he was elected to the Boston City Council. An effective outspoken Councillor he was provably targeted for disgrace by an FBI operation, then charged with extortion for accepting a campaign contribution from an informant applying for a liquor license, and then not telling FBI agents 'the truth.' Without guile and loyal to his constituency, Turner tried to explain the framing in court. He's serving a three year sentence in West Virginia and Boston is left with the message: if they can do that to Charles Turner they can to anyone. Mumia Abu-Jamal as a journalist was known as a "voice of the voiceless" covering the dispossessed of Philadelphia. He was taken out of paid work by a murder charge. After a corrupt trial and years on death row international pressure, community outrage, the U.S. court system and Philadelphia's D.A., managed to grant him a reprieve. No longer subject to the death penalty and freed from death row Abu-Jamal was transferred to Mahanoy State Correctional Institution's "Restrictive housing unit," ie. solitary confinement, with no access to the media. Finally on January 27th Prison Radio [access:< http://prisonradio.wordpress.com/ >] could report his release into the general prison population. Long-time political prisoner Dave Gilbert's Love and Struggle: My Life in the SDS, The Weather Underground, and Beyond was published by PM Press, 2011 and is currently being launched at 'alternative' venues throughout North America. Gilbert grew out of Boston and New York student anti-war resistance in the Sixties, worked the Weather Underground during the Seventies, was arrested in 1981 with a unit of the Black Liberation Army. He's serving a 75 year minimum sentence for involvement in the deaths of 2 police and a guard during a Brinks robbery to raise operating costs. His other published works include: AIDS Conspiracy? Tracking Down the Real Genocide. Gilbert was one of a few North-eastern U.S. whites who could work with a Black American resistance that lacked the option of non-violence. Marilyn Buck died August 3, 2010 in Brooklyn New York, shortly after her release on July 15, 2010, from federal prison. She was serving eighty years of sentences (accused of supplying arms to the Black Liberation Army, of complicity in Assata Shakur's escape from prison, of bombings in the U.S. and internationally). With most of her co-defendants released (Susan Rosenberg received pardon from President Clinton), Bush's Justice Department granted her an early release on presumptive parole. On Jan. 21, 2010 she wrote "...been battling since Oct. to be treated medically. Found out I have a sarcoma, just got out of hospit. post-surgery..." It was the last letter I received. She was transferred to a hospital prison, and dead less than seven months later. She was an American poet. Lynne Stewart, the U.S. court appointed attorney for Islamic Sheikh Omar Abdel-Rahman, is over 71 and fighting cancer as well as diabetes in a U.S. prison. Her appeal challenging the length of her sentence goes to court February 29th in Manhattan: the government extended her prison time from 28 months to 10 years after she bravely joked about the initial sentence on the courthouse steps. Her conviction: communicating on behalf of her blind and imprisoned client. She never should have been sentenced to jail. Known through her life's work as an uncompromising lawyer for the disadvantaged of varying political beliefs, her case represents a clear public attempt to intimidate attorneys representing fundamental human rights. There are other political prisoners who were/are thinking of the people, and without self-interest. There are a lot of them. There will be more, of all ages. The paradox is that many are in no way "criminal" but simply the articulate and deeply caring people of their communities. Partial sources available online: "My statement to the court ," Mandy Hiscocks, Jan. 16, 2012, rabble.ca; "Mandy’s Blog," current [access:< http://boredbutnotbroken.tao.ca >]; "Mandy Hiscocks. given a 20-24 month sentence for Toronto 2010 G20 Conspiracy," anon., Jan 19, 2012, Infoshop News; "Girr Rowley sentenced to 9 Months for G20 Action," Jan. 26, 2012 & "Erik Lankin Released!" Feb. 3, 2012, Guelph Anarchist Black Cross; "G20 Fallout Continues," Shailagh Keaney, Jan. 13, 2012, The Dominion; "Dr. Dhafir was resentenced today to 22 years," Feb. 3rd, 2012, DhafirTrial; "Dhafir Ordered to Serve 264-Month Jail Term on Resentencing," FBI, Feb. 6, 2012, 7thSpace Interactive; "Court: Government fails to show that it is reasonable to keep Mahjoub under conditions," Press release, Feb. 3, 2012, People's Commission Network apprec. nowar-paix; "Political Prisoners Update," J.B.Gerald, Jan. 31, 2012, nightslantern.ca; "Chuck Civil Hearing @ Monday @ 9am," Admin., Feb. 3, 2012, Support Chuck Turner; "Support Chuck Turner," website, Feb. 3, 2012 [access:< http://supportchuckturner.com >]; Website, current, Boston City Councilor Chuck Turner [access":< http://www.chuckturner.us/ >]; "The Torture of Mumia Abu-Jamal Continues off Death Row," Hans Bennett, Jan. 23, 2012, The Bullet; "David Gilbert, Political Prisoner," current, Kersplebedeb; "Lynne Stewart Appeal Brief Filed," April 1, 2011, and "Lynne Stewart Reply Brief Filed," August 4, 2011, Justice for Lynne Stewart [access:< http://lynnestewart.org/ > ]. Posted on nightslantern.ca at http://nightslantern.ca/prisonupdate3.htm

The Girls Who Kicked the Hornet's Nest: Political Prisoners

This letter came in via the Phoenix Anarchists. Answer Lynne's call to support political prisoners and remember the Arpaio 5 next week. Grace Daniels gets sentenced and taken into custody by the MCSO on November 22. Check their blogspot for jail visiting info, and current news on Claire and Garyn - they're up next.

Be careful in there, Grace - don't let them give you more time. We're counting on you to come back and help lead the revolution...

-------------------------------------

For those who don't know [Lynne] Stewart is a 70 year old radical attorney who was imprisoned for staunchly defending her clients -- as a post-911 threat to other leftist and progressive attorneys to "back off"....

Buried Alive, But Fighting On

- A Letter to Friends from Lynne Stewart


In the best-selling Steig Larsson trilogy, The Girl with the Dragon Tattoo,The Girl Who Played with Fire, and The Girl Who Kicked the Hornet's Nest, the heroine, Lisbeth Salander, a hardwired, brilliant young computer genius is shot and presumed to be dead, but is actually buried alive by the antagonist. He is a prototype of the cruel, greedy, misogynistic, exploiter.

She claws herself out of her premature grave and, indomitable and focused, defeats him. Finally by the end of volume three she has triumphed-using her own brains and, relying on her friends and comrades-over the entire corrupt corporate, governmental, military power structure that had been trying to oppress and suppress her, her whole life.

Thursday, July 15, Federal Judge John Koeltl attempted to bury me alive.

Acting for the Government and Judges of the Second Circuit Court of Appeals, he sentenced me at their demand, to more than five times the term he originally thought "right and just." With his new sentence, of ten years, I am buried in the Prison Industrial Complex until I am nearly 80 years old, if I make it. But, believe me, I, like Lisbeth Salander, intend to lift the dirt off and, even if weakened and wounded, regain my voice and strength!

Like Lisbeth, I too will always fight back. Justice has been my life, and upholding the Bill of Rights, my joy to defend and utilize on behalf of the People. Since I am now reduced to asking everyone's support and help for personal problems, whether medical or designation of my prison, or other legal issues, I want everyone to know what's expected and to have immediate connection to the people who will continue to be responsible for me and getting the word out.

Along with that, I hope you will maintain contact if there is an opportunity where you live or at an event sponsored by your organization, to speak out about my current situation and highlight the injustice of increasing my sentence only to satisfy the most conservative judicial elements and feed the fear of the so-called war on terrorism.

Sources:

1. Website, complete with sentencing minutes and submissions to the Court, articles, comment, letters, and upcoming events: www.lynnestewart.orghttp://www.lynnestewart.org/>

2. Live persons: Ralph Poynter, 917 853-9759;

email: Lynne Stewart Organization: 1lawyerleft@gmail.com3.

Snail Mail: Lynne Stewart, #555304054, MCC NY, 150 Park Row, New York, NY10007, or Ralph Poynter, 1020 Dean Street, Brooklyn, NY 112164.

Email: 1lawyerleft@gmail.com

Medical: I still have a number of unresolved conditions-mysterious spot on my uterus to be checked (biopsy) for possible cancer, monitoring of bladder condition, a newly discovered kidney stone. My chronic problems undertreatment-diabetes, high blood pressure, cholesterol and assorted aches and pains and annoyances of aging! The Judge directed that I stay at MCC in NewYork City so that my doctor will continue to be responsible for my treatment. Our daughter, Dr. Zenobia Brown, will continue to consult with him.

Prisons: The Judge also directed that I remain at MCC during the pursuit of an appeal. He also recommended to the Bureau of Prisons that I be sent for imprisonment to Danbury FCI in Connecticut, about two hours driving, or on Metro North Rail line, from New York City. Visiting conditions will be much better and I will be able to see more of my family and supporters for longer periods in more ameliorative surroundings. Of course, the Bureau of Prisons is a law unto itself and if it decides I need to go elsewhere, the Judge's recommendation doesn't control. There are a limited number of women's prisons. They are in Minnesota, Florida, California, and West Virginia.

There is also the Federal Prison Hospital for Women in Carswell, Texas (near Fort Worth).

The Numbers: ten years equals 120 months; 87 percent Good Time Credit for Good Behavior equals 104.4 months; Already Served, equals eight months.Totaled out, it is approximately eight years. The last six to 12 months is usually served in a halfway house (but nothing about this case has ever been usual!) The Grand Total is 84 months more to go.

Where so we go from here legally?

Court-wise, we are still making decisions about Possibilities of Appeals, Campaigns for Commutation, Clemency, etc. Keep in touch with the Web Page.

There will always be issues for me. Incidentally, I mentioned at sentencing that I had volunteered to teach GED and Literacy in here, and had been turned down - BOP regulations. They have neither program, nor any education program for the women. The following Monday, a sign-up sheet was posted for...GED and Literacy classes, a first here according to long term prisoners!!! The classes have started. You never know what can work! I was also asked how much time I could give. We'll see.

Just as the establishment tried to finish off Lisbeth Salander by burying her alive, I too am trying to dig myself out. Give me an assist. Continue the work. That is most important to me. Join the ongoing campaigns for Justice for the Scott Sisters, MumiaAbu-Jamal, Leonard Peltier, Albert Woodfox and Herman Wallace (of The AngolaThree).

Remember All the Political Prisoners. Write to them. Put a little something in their commissary.

Force the government to End the Imperialist Wars.

Fight Racism. Fight for Palestine.

Challenge the Politicians. Demand that they tell you where they stand on Me.

Resist! Resist! Resist! Resist! Resist!

My gratitude and boundless embraces for everything everyone has done.

Love/Struggle

Lynne Stewart
53504-054 MCC-NY 2-S
150 Park Row
New York, NY 10007

Justice for Lynne Stewart!

Friends of Marcia Powell heard from Lynne Stewart today, in response to a postcard we sent her from the First Amendment / Anti-Arpaio Rally at the Cronkite School of Broadcasting a month or so ago. She'd just read about Marcia in the Prison Legal News or something before getting our card.

As an attorney Lynne represented many political prisoners from our great liberation movements pro bono, in many cases, over the past few decades. That's the real reason why the federal government wants to kill her, regardless of what party is in power. Hit her site to see why this beautiful, courageous woman is fighting cancer and the Justice Department from behind bars now herself.


If you want to write to a political prisoner and have already done your www.mailart4mumia.org project (mail your art to the White House and DOJ the week of April 24), drop a note of support to Lynne at:

Lynne Stewart (53504-054)
MCC - NY
150 Park Row
New York, New York 10007

You can also do some artwork similar to the campaign for Mumia ( or steal mine and make postcards out of it - I just messed with the color from and ordinary chalked sidewalk). We'll hit the White House, Justice Department, US Congress members, the Washington Post, and everyone else we can think of with "Free Lynne Stewart". She's the one of all the political prisoners who they themselves are probably rooting for the most right now - like Mumia, her life is in danger.

Below is the most recent letter to he supporters:

------------------------

Letter from Lynne Stewart

Dear Sisters and Brothers, Friends and Supporters:

Well the moment we all hoped would never come is upon us. Good bye to a good cup of coffee in the morning, a soft chair, the hugs of grandchildren and the smaller pleasures in life. I must say I am being treated well and that is due to my lawyer team and your overwhelming support.

While I have received “celebrity” treatment here in MCC - high visibility - conditions for the other women are deplorable. Medical care, food, education, recreation are all at minimal levels. If it weren’t for the unqualified bonds of sisterhood and the commissary it would be even more dismal.

My fellow prisoners have supplied me with books and crosswords, a warm (it is cold in here most of the time) sweat shirt and pants, treats from the commissary, and of course, jailhouse humor. Most important many of them know of my work and have a deep reservoir of can I say it? Respect.

I continue to both answer the questions put to me by them, I also can’t resist commenting on the T.V. news or what is happening on the floor – a little LS politics always! (Smile) to open hearts and minds!

Liz Fink, my lawyer leader, believes I will be here at MCC-NY for a while – perhaps a year before being moved to prison. Being is jail is like suddenly inhabiting a parallel universe but at least I have the luxury of time to read! Tomorrow I will get my commissary order which may include an AM/FM Radio and be restored to WBAI and music (classical and jazz).

We are campaigning to get the bladder operation (scheduled before I came in to MCC) to happen here in New York City. Please be alert to the website I case I need some outside support.

I want to say that the show of support outside the Courthouse on Thursday as I was “transported” is so cherished by me. The broad organizational representation was breathtaking and the love and politics expressed (the anger too) will keep me nourished through this.

Organize – Agitate, Agitate, Agitate! And write to me and others locked down by the Evil Empire.

Love Struggle,

Lynne Stewart

Pat Levasseur on Lynne Stewart

This via the folks at NY Jericho. For those who missed it, Lynne was ordered to start serving her sentence last week despite being scheduled at the beginning of December for surgery due to her breast cancer. In fact, the appeals court judges made it clear that they think she should probably die in prison, and kicked it back to the original judge towards that end. 

Since the DOJ originally wanted to give Lynne 30 years, there is grave potential for such an outcome - even on the time she's doing now. Her surgery is to be re-scheduled for a time and place convenient to the federal Bureau of Prisons. Given the high priority America places on health care for women and prisoners alike, I'm sure they'll get around to it soon. 

Who needs capital punishment anymore?


 -----------

Date: Mon, 23 Nov 2009 21:29:01 EST
Subject: Update on Lynne Stewart

To: info@lynnestewart.org

Lynne Stewart #53504-054

MCC/NY

150 Park Row

New York, NY 10007

Hello All,

    It's taken me a minute to report on Lynne because I have waited to talk to attorneys after they have visited with her first hand to discuss Lynne's situation, needs and other matters.  Above is Lynne's mailing address.  All mail (except legal mail) is subject to opening and reading by the institution.  Legal mail must be opened in front of the inmate.  Lynne will greatly appreciate getting beautiful cards and thoughtful letters.  Please remember to write to her now and as time goes along.

    Our main focus at this time is the next court date.  Lynne has a 28 months sentence, if you have read the 2nd Circuit decision (and you can by going to the web site for the 2nd Circuit Court of Appeals, look under decisions and you will find USA v. Stewart)  you will find that the sentence that Lynne has received is threatened, meaning it could go higher.  Our goal is to show the steadfast support that Lynne has from the community, to be vigilant. Lynne Stewart's good deeds throughout her life and the fact that she had been out since her arrest in 2002 with no incidents - her age, her health - all demand NO MORE TIME than she already has.  Of course,  we don't think that she should be doing any jail time at all, but we must be realistic and fight for attainable goals.

    In light of this LET'S FILL THE COURTROOM AND MORE on DECEMBER 2, 2009 AT 10:30 A.M. JUDGE KOELTL'S COURTROOM, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK, 500 PEARL STREET, COURTROOM 12B.   

    Lynne's attorneys will continue to fight her case all the way to the Supreme Court.  That is our long term battle.  Our short term battle is to fill that courtroom on each and every occasion there is court, to let the justice dept. know that there are many concerned people, and that Lynne is precious to us.  We can protect her, when the eyes of many are on her and her situation.

    We do not know how long Lynne will remain in MCC/NY.  She has court appearances ahead and a resentencing, this could be a long time.  She is required to make a visiting list, and there is a form to fill out, people will need to be approved and the list is not endless, so all may not  have access to  her.  Attorneys of record can visit her, meaning those attorneys working on her legal case.  But attorneys who cannot visit her can play an important role as attorneys, in standing by Lynne Stewart and thinking of ways unique to their profession to show the support Lynne dearly needs.

    Lynne loves to read and it is important to note that all books and publications must come from the publisher and mailed directly to Lynne.  I will be asking Lynne for a list of reading requests and if folks want to send her a book, let's coordinate our efforts so that she doesn't get more than 1 copy of the same book etc.  Lynne will need commissary money.  You can visit the website for the United States Bureau of Prisons (just type that in to your search engine)  under "inmate matters"  you will see the option telling  you how to send money to an  inmate.  You can do it through Western Union, using their website or at a store, send what you can.  If you would like to let me know by email that you are sending her this or that, so that we can coordinate things, I would be happy to help.

    Lastly, tonight, I want you all to know that your support over the years means the world to Lynne.  I miss not talking to  her every day, sometimes many times a day.  It is important to me that we keep Lynne in the present with us every day, and that strategies and decisions are run by her first to the extent possible.  All who want to continue to send out the word about Lynne to their own contingency should continue of course.

Stay tuned for future updates and developments.

Pat Levasseur

--

Free All Political Prisoners!

nycjericho@gmail.com • www.jerichony.org

Lynne Stewart jailed instead of surgery.

The story of Lynne Stewart's prosecution is chilling. The story of her incarceration - which has just begun, is disturbing as well. Prison automatically reduces the likelihood of one having a full, healthy life. Fighting cancer in prison - an environment designed specifically to sap you of your personal power and ability to resist - is a hell of a battle. For a lot of people it can turn a 3-year sentence for burglary or fraud into the death penalty. Check out the link to Lynne's supporters website below. This came from NYC Indymedia.

-----------

Lynne Stewart: Heroic Human Rights Lawyer Jailed

The US criminal justice system failed this heroic woman

By Stephen Lendman

The US criminal justice system failed this heroic woman

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 Ramzy 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@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
 

By Stephen Lendman lendmanstephen@sbcglobal.net sjlendman.blogspot.com

Download Article (PDF)