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Not only was her appeal denied, but the panel directed the trial judge to consider increasing her sentence!

This sends a chilling message to trial attorneys about zealouisly representing their clients just at the time when Guantanamo inmates are about to begin trials inside the country.

EXCLUSIVE: Civil Rights Attorney Lynne Stewart Responds to Court Ruling Upholding Conviction and Ordering Her to Prison


Civil rights attorney Lynne Stewart has been ordered to prison to begin serving a two-and-a-half-year sentence after a federal appeals court upheld her conviction on Tuesday. Lynne Stewart was found guilty in 2005 of distributing press releases on behalf of her jailed client, Sheikh Omar Abdel-Rahman, also known as the �Blind Sheikh,� who is serving a life sentence on terror-related charges. The panel also described Stewart�s twenty-eight-month sentence as �strikingly low� and sent the case back to the trial judge to determine whether she deserved a longer prison term. In a Democracy Now! national broadcast exclusive, Lynne Stewart joins us from New York.

Video of interview at link

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Fact check:

Stewart did what all attorneys should, but few, in fact, do - observe ABA�s Model Rules saying all lawyers are obligated to:

"devote professional time and resources and use civic influence to ensure equal access to our justice system for all who because of economic/social barriers cannot afford or secure adequate counsel;"

practice law ethically, morally and responsibly to assure everyone is afforded due process and judicial fairness. Sadly and disturbingly, Stewart was denied what she did for others unselfishly and proudly.

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 Weather Underground, Sekou Odinga of Black Liberation Army, etc. She knew the risk, but did it fearlessly and courageously until bogusly indicted for:

-- "conspiring to defraud the US;

-- 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 BoP�s SAMs that included a gag order on her client, Sheik Abdel Rahman. They prohibit discussion on topics DOJ rules outside of "legal representation," so lawyers can't discuss them, inhibiting defense.

At Ramsey Clark's request, she joined him as part of Rahman's defense team. In his 1995 show trial, he was convicted of the 1993 WTC attack despite evidence proving his innocence.

DOJ's case wasn't about alleged crimes. It reflected his affiliations and anti-western views. Rahman was connected to Al-Gamaa al-Islamiyya - a 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 CCR�s Michael Ratner:

sent "a message to lawyers who represent alleged terrorists that it's dangerous to do so."

Attorney 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;

-- right to effective assistance of counsel (by) chill(ing) the defense;

-- 'evidence' in this case was gathered by wholesale invasion of privacy, faxes, letters and e-mails; I have never seen such an abuse of government power."

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Unfortunately, Stewart's case is not isolated. A very troubling trend is emerging.

Eliot Spitzer, Lynne Stewart, and Paul Bergrin Victimized for Doing Their Jobs

On May 20, 2009, a Department of Justice (DOJ) press released headlined "Newark Lawyer Arrested, Charged with Racketeering Conspiracy, Including Murder of a Federal Witness (along with) Three Others Also Arrested and Charged."

The 14 count indictment accuses Bergrin of "using various legal entities, including (his law office) to conduct illegal activities, including murder, to protect criminal clients, perpetuate their activities and shield them from prosecution."

Specifically cited is his alleged role in the "murder of a confidential witness in an Essex County federal drug case, and his efforts to hire a hitman from Chicago to kill at least one witness in a Monmouth County drug case."

DOJ says the murder never happened. Likely none was planned, but a supposed "hitman" is a cooperating witness, perhaps for leniency on his charges, unrelated to Bergrin. It's a common DOJ tactic, often with paid informants, to let off lesser fish for bigger ones in unrelated cases.

part of the longer article Targeting Lawyers at link

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Guantanamo lawyers have disregarded a court order to limit their representation of detainees, and they have not so much as received a letter of admonition. Court orders carry much more weight than the prison regulations, or �SAMs� that Lynne Stewart is doing time for by merely having issued a press release! This case has a chilling effect on lawyers about how vigorously they may defend their clients accused of terrorism.

Now the Appeals Court wants her sentence increased from 28 months to 30 years!

Updating Lynne Stewart`s ``Love Struggle``

Posted: 2010/04/24
From: Mathaba

by Stephen Lendman

For millions worldwide, Lynne needs no introduction. For others: She worked selflessly, tirelessly, and heroically for 30 years as a human rights champion, defending America's poor, underprivileged, and unwanted - people never afforded due process and judicial fairness without an advocate like her. She knew the risks, yet took them 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."

The charges related to her alleged violation of Bureau of Prisons Special Administrative Measures (SAMS) that prohibit discussing topics the Justice Department rules outside "legal representation" - to inhibit a proper defense and obstruct justice for anyone DOJ wants to convict.

Her client was Sheik Abdel Rahman, a one-time CIA asset, convicted in 1995 and now serving a life sentence for "seditious conspiracy" for his alleged connection to the 1993 World Trade Center bombing despite convincing evidence of his innocence.

As an advocate for justice, Lynne was targeted, indicted, and after a seven month 2004 - 2005 show trial featuring the worst of McCarthy-like tactics, convicted on February 10, 2005 after 13 days of deliberation on all five counts. She was automatically disbarred, then sentenced on October 17, 2006 to 28 months imprisonment.

She remained free on bond until the US Court of Appeals for the Second Circuit revoked it on November 17, 2009, ordering her surrender on November 19 at 5PM to be imprisoned at:

MCC-NY
150 Park Row
New York, NY 10007
Prison number 53504-054

Though subject to change, she'll be resentenced on July 15, at which time her 28 month confinement may be sustained, reduced, or what friends and family fear, increased after the three-judge Appeals Court panel accused her of lying, called for a longer sentence, and remanded her case to District Court Judge John G. Koeltl for reconsideration.

continued at link

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Lynne, betrayed by progressives, re-sentenced to death

[Comment: A Death Sentence Delivered]

Where was the massive movement to set attorney Lynne Stewart free?

Time served? Why do we allow our enemies to set the tone, pace, debate, discourse and agenda? It keeps us off balance and off our A game. The 28-month sentence was ridiculous.

Lynne broke a law that was inherently unconstitutional. No one was hurt, maimed or killed by her actions but she has received a death sentence because ten years-- for a 70 year-old woman fighting cancer and poor prison medical care spells death.

In contrast George Bush�s and now President Barack Obama�s war policies that kill people every day. Our inability to secure the release of Stewart supports my assertion that the so-called �movement� has stopped and has functionally collapsed.

Despite all the issues that plague this case and many cases like this is the innate inability for individuals and groups to put aside small and petty differences for the prevailing issues.

Where�s my name on this flier? Whose speaking first and how much time will I get on the microphone or stage?
I�m not coming or supporting if this person or group is there. Lynne is not Black; Lynne is not Brown; she didn�t support me; Lynne is too radical...These are the petty issues that emasculate the movement.

more at link