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Lynne Stewart re-indicted on trumped-up terrorism charges
By Jeff Mackler
On November 22, 2003 progressive New York attorney, Lynne Stewart was
re-indicted by the U.S. Justice Department on trumped-up charges of
terrorism stemming from Stewart's role as legal counsel to the
imprisoned blind Egyptian cleric Omar Abdel Rachman. Rachman,
despite clear evidence to the contrary, was convicted of conspiracy
to bomb public buildings in 1995 and is currently serving a life
sentence.
In July 2003 Federal District Court Judge John Koetl dismissed the
original two terrorism charges against Stewart, aiding and abetting
terrorism, as "unconstitutionally void for vagueness" and because
they "revealed a lack of prosecutorial standards." The three lesser
charges filed against her, which will also be litigated in the
future, plus the two new terrorism charges, combine to carry a
prison sentence of 40 years. U.S. Attorney General John Ashcroft
appeared on the David Letterman television show to publicly announce
the original chargers against Stewart who was not extended an
invitation to reply.
Since that time Stewart has taken her case to defenders of civil
liberties and democratic rights across the nation receiving broad
support from major groups ranging from the American Civil Liberties
Union (ACLU) and the National Lawyers Guild to the American Friends
Service Committee. A tireless and undaunted campaigner, Stewart has
addressed hundreds of public meetings where her appeal for support
is proudly presented as a defense of the civil liberties of all who
face government persecution for their political ideas. Her case has
been covered widely in the major media.
There is no doubt that the Bush Administration seeks to make an
example of Lynne Stewart, whose indictment is aimed at stifling
dissent more generally and creating an atmosphere of fear and
intimidation. It is reminiscent of the McCarthy-era witchhunt days
when organizations such as the ALCU effectively renounced their
birthright and refused to defend those accused of "communist
conspiracies" not to mention simple membership in organizations that
advocated revolutionary socialist or communist views.
On November 14 a progressive newspaper (unnamed at this time)
received a Federal Express letter from U.S. Attorney from Manhattan
James B. Comey requesting the editor's "voluntary cooperation" in
turning over the text of a recent interview with Lynne Stewart as
well as, according to the winter issue of the Lynne Stewart Defense
Committee newsletter, "testimony and unpublished outtakes, notes,
or tapes from the same interview..." "If you do not comply
voluntary," the letter asserts, "this Office may seek
approval from the Attorney General for the issuance of a subpoena to
compel you to produce the materials and to testify." It has been
quite some time since government bureaucrats have openly threatened
to issue subpoenas to compel political activists to provide evidence
to imprison others for exercising their constitutional rights!
With the advice of his attorney, the editor has declined "to
cooperate with the government's request at this time, and does not
wish to acknowledge whether any materials exist other than the
published text." These carefully chosen words authored by the
editor's attorney give proof to the atmosphere that has already been
created by today's emboldened government witchhunters.
Representatives of the Lynne Stewart Defense Committee told this
writer that a "superceding indictment is not uncommon in federal
cases." They fully expect the government to "continue to flex their
seemingly unlimited power to undermine the Constitution, to bully
the judiciary, to intimidate attorneys, to frighten the public and
strip us of our rights, all in the name of the 'war on terrorism.'"
The first 20 pages of the new indictment consist of the government's
recounting the "alleged history" and beliefs" of Sheik Abdel Rachman
who was not named as an indicted defendant. The idea was to
associate Stewart with Rachman's alleged terrorist crimes in order
to set the stage for the government's renewed effort to punish
Stewart for her courageous and public defense of her civil liberties
and her absolute right to present the best possible defense for her
client.
Stewart's attorney, Michael Tigar, noted that "The indictment is an
effort to punish Lynne for having won the first round and obtained
dismissal of the earlier 'terrorism' charges as unconstitutional."
Tigar continued: "The new indictment does not 'cure' the
constitutional violations of the old one. The new charges are more
vague than the old ones.
"The new indictment is more hysterical than the old one. The
government throws around the word 'terrorism,' without defining it
and applies it to:
*Courageous legal defense of the accused and imprisoned, and
*Constitutionally-protected political activity designed to oppose the
actions of repressive governments." (Justice for Lynne Stewart!,
Winter 2003 Newsletter).
Tigar effectively summarizes the issues at stake in the Stewart case
as follows:
"This case is an attack on a gallant, charismatic and effective
fighter for justice... this case has at least three fundamental
faults: First, it is an attack on the first amendment right of free
speech, free press and petition.... Second, the case is an attack on
the right to effective assistance of counsel. The indictment,
announced in a blaze of publicity, by Attorney General Ashcroft
himself, seeks to chill the defense bar...
Third, 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."
The defense of Lynne Stewart is an obligation to everyone engaged in
political activity who seeks social justice in the U.S. A victory for
Stewart will represent a blow to all those who seek to challenge the
hard won rights extracted from government hate merchants at great
expense. A defeat and Lynne's resulting imprisonment is unthinkable!
Contributions and inquiries can be sent to the "Lynne Stewart
Defense Comm."
351 Broadway, Third Floor, New York, New York 10013
212-625-9696, www.lynnestewart.org
In the San Francisco Bay Area contact: 510-268-9429
(415) 255-1080 -- socialistact@igc.org |
(715) 394-6660 -- mnsocialist@yahoo.com |