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Lynne Stewart: Heroic Human Rights Lawyer Jailed - by Stephen Lendman

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
 

Protest at Baseball Commissioner's Office: Photo by Bud KorotzerAdalah-NY: The Coalition for Justice in the Middle East
www.adalahny.org


New Yorkers Tell Baseball Commish: 'Strike Out Israeli Settlements!'

Protest Comes Day After Obama Spokesperson Says He is 'Dismayed' By New Israeli Settlements


Media Contact:  info@adalahny.org

FOR IMMEDIATE RELEASE

New York, NY, November 18 - Over fifty human rights advocates gathered outside the office of Major League Baseball Commissioner Bud Selig in midtown Manhattan at lunch time today to demand that he prevent the New York Mets from hosting a Citi Field fundraiser for a Jewish group that supports violence and racism against Palestinians. The protest came two weeks after eleven organizations sent a letter to the Mets and Commissioner Selig asking them to cancel the event for the Hebron Fund at the Caesars Club, which is located directly above the Jackie Robinson Rotunda at Citi Field. The groups said that the event would “taint” the Mets and Major League Baseball’s commitment to diversity and equality, and insult the memory of Jackie Robinson.

To the tune of "Take Me Out to the Ballgame" the crowd sang:
Mets, please boot the Hebron Fund,
Racism is a shame;
There’s no place for segregationists,
Jackie Rob-in-son would pump his fists
If you don’t eject the Hebron Fund,
Citi Field goes to shame.
And we’ll have to root for the Yanks,
Or a different game.


The protesters chanted:
Don't rent to racists, it's an error,
Just say no to settler terror

Protest organizers said that over 2600 individuals have sent the Mets emails and letters asking them to cancel the event, and Jay Horwitz, the Vice President for Media Relations for the team, told one caller that the Mets are being "bombarded" by phone calls. During the protest, two representatives attempted to hand deliver the letter from eleven organizations to the Baseball Commissioner’s Office, along with photos of Hebron settler violence and racism, 40 additional hand-signed letters and a report by two Israeli organizations on human rights abuses by Israeli settlers and soldiers in Hebron, in the Israeli-occupied West Bank. The representatives were not allowed to go up to the Commissioner’s Office, and were asked by his office to leave the information for delivery via the building’s message center.

"The Mets claim it is a business decision, that they are a private organization that rents out their space to a variety of groups. But they would never rent it out to white supremacists or the KKK," explained Donna Nevel of Jews Say No! “We are going to keep the pressure on the Mets and Major League Baseball.” The protest was organized by Adalah-NY, CODEPINK Women for Peace, Jews Against the Occupation-NYC, Jews for Racial and Economic Justice, Jews Say No!, and Jewish Voice for Peace.

The Hebron Fund's ties to violent and racist Jewish settlers living in Hebron are well-documented. Noam Arnon, a 2009 Hebron Fund honoree, told the AP when commenting on a 1995 book paying tribute to Baruch Goldstein, who massacred 29 Palestinians praying in a Hebron mosque, that "He was an extraordinary person." In 1990, Arnon called three Israelis who were convicted of killing three Arabs and maiming two Palestinian mayors in car bombings “heroes.” In a video on the Hebron Fund website, 2008 dinner honoree Myrna Zisman pays tribute to Hebron settler Yifat Alkoby. Alkoby became famous worldwide in 2006 when she was videotaped in Hebron terrorizing and calling a Palestinian woman and girl “whores” who were caged inside their own home as protection from settler attacks. Rabbi Moshe Levinger, a founder of Hebron’s settlements, is among those honored in another video for the 2008 Hebron Fund dinner called “The Next Generation,” though, due to his attacks on Palestinians, Levinger has been charged repeatedly with crimes including manslaughter, assault, rioting, and disturbing the Muslim prayer.

Andrew Kadi of Adalah-NY said, “Institutions like the Mets and Major League Baseball should not allow groups like the Hebron Fund to use their facilities, and organizations like the Hebron Fund should not be given tax-exempt status as nonprofits by the US government to carry out settlement activities that contradict US foreign policy, violate international law and destroy any hope for peace in the Middle East.”


Photos of today’s protest:  http://adalahny.org/index.php/photo-galleries/332-hebron-mets-demo

Send an email to the Mets:  http://campaigns.adalahny.org/mets-submit or
 http://salsa.democracyinaction.org/o/301/t/9047/p/dia/action/public/?action_KEY=1687

Huffington Post: Mets' Citi Field to Host Pro-Settlements Hebron Fund:  http://www.huffingtonpost.com/rebecca-vilkomerson/mets-citi-field-to-host-p_b_362802.html

Eleven organizations’ letter to The Mets:  http://adalahny.org/index.php/letters-a-statements/17-letters/327-mets-hebron-cancel

Adalah-NY’s video on the Hebron Fund Dinner:  http://adalahny.org/index.php/videos-of-our-events/328-video-mets-hebron-cancel

On the announcement Wednesday that Lou Dobbs will leave his post as a longtime anchor on CNN, Roberto Lovato of BastaDobbs.com said, “Lou Dobbs – who has a long record of spreading lies and conspiracy theories about immigrants and Latinos – does not belong on the 'Most Trusted Name in News.'" "We are thrilled that Dobbs no longer has this legitimate platform from which to incite fear and hate."

The BastaDobbs.com campaign, a national Latino-led coalition, was launched in mid-September, after Dobbs broadcast his radio show from the Federation for American Immigration Reform (FAIR) conference, founded by white nationalist John Tanton. FAIR is designated as a “hate group” by the Southern Poverty Law Center.

From Dialogues Against Militarism , "On Saturday, November 7, About 25 of us trudged towards military prison 400, just outside of Tel Aviv, coils of razor wire and lookout towers looming above us, fields of mud and dry grass to our right. we began setting up the sound system and preparing for the day’s goal of reaching earshot of Or Ben-David, a young Israeli being held in prison for refusing the army draft."

"Our gathering consisted predominantly of young Israelis who had themselves been conscientious objectors, some of whom had been held in that same prison quite recently, some of whom had just refused and were scheduled to report to prison in a few months. The crowd also included some older radicals, a smattering of internationals, and of course us �" U.S. War resisters, Iraq Veterans Against the War, and anti-militarist organizers, here to lend our support to Israeli and Palestinian movements against occupation.

"Israeli youth find themselves situated in the middle of one of the world’s most contested occupations. With mandatory conscription for all graduating high school seniors, their bodies are used to enforce Israeli occupation and war: 18 and 19 year-olds become the arms of an apartheid state. In the United States, young people, often from low income or marginalized communities, are sent off to die in the deserts of Iraq and Afghanistan, with sharper distinctions maintained between military and civilian life. Here, the war is in your face, with every city, town, bus station, and beach crawling with teenagers with machine guns slung over their shoulders.

Read more | Photos: 1

Dialogues Against Militarism | Dialogues Against Militarism writings from Palestine

While news headlines declared the the US House of Representatives' healthcare legislation "historic" and a cause for great joy, many in the San Francisco bay area are asking: Who is celebrating whose healthcare coverage?

Women reacted to a national plan that will not provide insurance for undocumented immigrants or extend federal funds for abortions, saying that it echoes the right-wing’s racist and sexist agenda. They expressed disappointment that the House Bill also repeals the Children's Health Insurance Program (CHIP) by 2013. Many children now covered by CHIP would be moved into programs largely driven by insurance companies.

The morning following the passage of the bill, women in San Francisco led the rallying cry for "healthcare not warfare" in demonstrations on the steps of City Hall and in front of Speaker Pelosi's and Senator Feinstein's respective homes.

On November 12th, the San Francisco branch of Radical Women will hold a roundtable discussion to address the question: "What will it take to achieve affordable quality healthcare for all?" Featured speakers will be Barbara Commins, a nurse from Single Payer Now, Tiffany Ng, a youth organizer with Chinese Progressive Association and Andrea Weever, a disabled rights activist.

Event Announcement | Photos: 1 | 2 | San Francisco Radical Women

Yesterday, Sunday November 8th, one hundred people rallied, marched, and held a vigil at the US Southern Command in Doral, Florida. To date this was the largest such rally at South Com. Participants, including members of the Coalition Of Immokalee Workers, local peace and anti-war activists, religious leaders, and SOA Watch supporters heard speeches, sang, and responded to the names of victims with "PRESENTE!"

Malcolm X Park
NYC Council Member Charles Barron
Imam Luqman Ameen Abdullah
Pam Africa
Glen Ford Black Agenda Report
Cindy Sheehan A coalition of black radicals and their allies gathered in Washington DC to assert the continued need for the Black Nationalist and anti-war agendas in the era of Barack Obama.

After a marathon rally in Malcolm X Park lasting over 5 hours, the Black Is Back Coalition led a march to the White House.

Speaker after speaker lambasted Barack Obama (as well as other members of the black political elite) as nothing more than a new black face on the same old white capitalist imperialism.

“Sure Obama is better than George Bush,” anti-war activist Cindy Sheehan said. “The corn on my big toe is better than George W. Bush. That doesn’t mean we should elect him president.” “The amount of money Obama is giving to the banks is reaching Alice in Wonderland numbers,” journalist Glenn Ford maintained. Pam Africa of the Move Coalition was harshest of all, referring to Obama as a “punk”.

A number of issues were addressed in addition to the Obama administration. The connection between attacks on Muslim immigrants and racism against African Americans was a constant theme, and a poster of Imam Luqman Ameen Abdullah was in prominent display at the front of the rally. Speakers stressed the continued need for reparations for slavery as well as for solidarity with the Palestinians against the Israeli State. Obama’s refusal to support Durban II was mentioned briefly as well as gentrification, the sub-prime housing crisis and the difficulty of mobilizing anti-war forces in the age of Obama.

Single Payer health care plan advocates took direct action to get answers from Nancy Pelosi on November 3rd. Fifteen people occupied her San Francisco office, demanding to talk with the Speaker of the House, who was in DC at the time. Dan Bernal, Pelosi's District Director, refused to put Speaker Pelosi on the phone with the demonstrators to address the fact that key elements of Congress' final health care reform bill are missing. The demonstrators said Pelosi broke her promise to include the Kucinich amendment, that would allow states to enact their own single payer plans, in Congress' final health care bill.

"We deserve to know why she has turned her back on working people nationwide," said a spokesperson for CSEA (California School Employees' Association) whose members buoyed the protest. Two CSEA representatives were arrested along with ten others when they refused to leave the building after three hours of occupying Pelosi's office. Also participating in the protest both inside and outside the building were members of CARA (California Alliance of Retired Americans), the San Francisco Gray Panthers, and other groups advocating direct action to achieve a single payer health care plan.

About 100 demonstrators chanted loudly in front of the building. Meanwhile, protesters inside Pelosi's office lifted their cell phones to hear the supporters on the outside, and joined in the chants. That was cause enough for Pelosi's District Director to have those remaining in the office arrested. According to Dan Hodges, Chair of Health Care for All-California, chanting and singing was extended to mean that the demonstrators had disobeyed police officers. Hodges said, "Because Bernal was too cowardly to file an official complaint, an elaborate charade was worked out by Bernal, building management and the Federal Protection Service," and the branch of US Homeland Security made the arrests.

Photos | Breaking Report