imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

Lynne Stewart Loses Appeal

by Stephen Lendman Tuesday, Jul. 03, 2012 at 9:22 PM
lendmanstephen@sbcglobal.net

police state

Lynne Stewart Loses Appeal

by Stephen Lendman

For 30 years, Lynne heroically defended America's poor, underprivileged, unwanted, and forgotten. Without advocates like her, they never have a chance for due process and judicial fairness.

Lynne championed equity and justice. She devoted her life and work to upholding principles too important to reject.

She defended controversial figures like Weather Underground activist David Gilbert, United Freedom Front's Richard Williams, Black Liberation Army figures Sekou Odinga and Nasser Ahmed, and many others like them.

She knew the risks, yet took them courageously. She did so because it's the right thing to do.

At former US Attorney General Ramzy Clark's request, she joined his Sheik Omar Abdel Rahman's defense team.

In 1995, he was wrongfully convicted of seditious conspiracy, solicitation of murder, solicitation of an attack on American military installations, conspiracy to commit murder, and conspiracy to bomb in connection with the 1993 World Trade Center attack. Evidence proved his innocence, not guilt on all charges.

No matter. He never had a chance. Prosecutorial injustice framed him. Show trial theatrics assured imprisoning him for life. He's currently at Butner (North Carolina) Federal Medical Center northwest of Raleigh.

Defending Rahman got Lynne spuriously charged with:

• "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."

Charges stemmed from claiming she violated US Bureau of Prisons Special Administrative Measures (SAMs). They included a gag order on her client.

They prohibited discussing topics the Justice Department (DOJ) ruled outside "legal representation." Doing so inhibits how lawyers defend any client.

Ramsey Clark issued press releases like Lynne's. So do other attorneys for their clients. Punishment doesn't follow. Penalties at most might be mild reprimands. Vengeful recrimination is inconceivable.

Charging Lynne had nothing to do with alleged SAMs violations. It was about silencing a powerful voice for justice. Tactics involved disbarring and imprisoning her.

They took aim at the American Bar Association's Model rules. They say 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."

They're also about practicing law ethically, morally and responsibly. It's to assure everyone is afforded due process and judicial fairness in US courts.

Reality belies the rhetoric. US courts give kangaroos a bad name. Lynne was denied what she did for others heroically and unselfishly.

Doing so sent other lawyers a chilling message not to defend clients Washington wants convicted.

Lynne devoted her life and career to it. She's now in prison for doing the right thing.

On February 10, 2005, she was convicted on all counts. She was automatically disbarred. New York's Supreme Court's Appellate Division denied her petition to resign voluntarily.

On October 17, 2006, she was sentenced to 28 months in prison. At the time, she remained free on bond pending appeal before the US Court of Appeals for the Second Circuit.

On November 17, it revoked her bond, upheld her conviction, ordered her surrender forthwith, but stayed it until November 19 to permit filing a motion for reconsideration. It was denied. She reported to federal marshals and was imprisoned.

At the behest of Second Circuit judges, her sentence was increased from 28 months to 10 years. She appealed and lost.

On June 28, AP headlined "NY court upholds lawyer's 10-year prison sentence," saying:

Second Circuit justices upheld her sentence. They claimed "she earned it through serious crimes that she refuses to acknowledge."

Saying so reflects police state justice. Defendants charged are guilty by accusation. Innocence doesn't matter. The power of the state decides what's right or wrong. Heroic figures like Lynne suffer. She never had a chance.

Imprisoning her for 10 minutes is unjust. Second Circuit justices claimed 28 months was too lenient. They wanted her put away for life.

They remanded her case back to district court Judge John Koeltl. They settled for increasing her sentence to 10 years. They pressured him to comply.

Originally he felt 28 months was unjust. He pronounced sentence then under pressure. Venal systems operate that way.

Lynne's lawyer, Herald Price Fahringer, said options going forward will be considered. "We're awfully disappointed in the decision but we're going to keep going," he explained.

Lynne's imprisoned at Federal Medical Center, Carswell.

She can be reached as follows:

Lynne Stewart #53504-054

Federal Medical Center, Carswell

PO Box 27137

Ft. Worth, TX 76127

She recently underwent surgery. Fahringer said she remains "awfully weak and apparently has difficulty moving around."

On June 29, New York Law Journal contributor Mark Hamblett headlined "Circuit Rejects Speech Claim in Upholding Stewart Term," saying:

Lynne failed to win a sentence reduction. She claimed her First Amendment rights were violated. Second Circuit judges disagreed, saying:

"Stewart was not punished for violating a governmental restriction on speech."

"The district court did not treat her speech as a violation of any law—it considered the content of that speech to be helpful in enabling the court to craft a sentence 'sufficient, but not greater than necessary, to comply with the purposes set forth' " elsewhere in sentencing guidelines.

"Stewart does indeed argue that she was prosecuted and punished for her political beliefs. The most obvious — and fatal — shortcoming in Stewart's argument in the context of this appeal is that there is not a hint in the record of any fact to support an assertion that the district court did so."

"The sentencing judge was determining the characteristics of the defendant, which were legally relevant to a determination of the appropriate sentence to impose on Stewart, through the comments she voluntarily and publicly made."

Jeff Mackler is West Coast Coordinator of the Lynne Stewart Defense Committee. On June 29, he headlined "Court Confirms Ten-Year Sentence for Lynne Stewart," saying:

Lynne's 2005 conviction was "outrageous." Her "crime" was doing the right thing. US "justice" finds that intolerable in defending clients prosecutors want to convict.

"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.' "

Justice Department prosecutors and hanging judges sought vengeance. They took issue with Lynne's sworn duty to represent all clients honorably. She didn't "bow to authority (or show) required deference." They rejected her three core arguments:

(1) Violating her fundamental First Amendment rights.

(2) Unreasonably increasing her original sentence fourfold. Doing so failed to consider her lifetime commitment to justice.

(3) Falsely claiming she perjured and misused her position.

She did her job honorably and courageously. She deserves praise, not prison. She's one of many thousands wrongfully imprisoned in America's gulag.

Judicial fairness is just a figure of speech. Malice substitutes for doing the right thing. Federal courts are especially repressive. They're infested with right-wing hacks.

They're ideologically hardline. They hand down rulings any despot would love. They defend privilege at the expense of justice. They deplore civil liberties and social fairness.

They oppose labor rights, environmental protections, regulatory checks and balances, and women's reproductive choice. They mock rule of law principles.

Guilt by accusation is policy. Lynne and others like her never have a chance. Why else would America have by far the world's largest gulag. Their job is supplying it with more warm bodies. Innocence is no just defense.

Mackler said " 'Free Lynne Stewart' must remain the rallying cry of all those who cherish civil liberties and democratic rights."

She wouldn't kiss their ring and paid dearly.

America is on a fast track to tyranny. Nations that imprison its best and most honorable aren't fit to live in.

Lynne's treatment symbolizes what's wrong. Only public rage can change things. There's no other way.

Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net.

His new book is titled "How Wall Street Fleeces America: Privatized Banking, Government Collusion and Class War"

http://www.claritypress.com/Lendman.html

Visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.

http://www.progressiveradionetwork.com/the-progressive-news-hour

Report this post as:

LATEST COMMENTS ABOUT THIS ARTICLE
Listed below are the 10 latest comments of 1 posted about this article.
These comments are anonymously submitted by the website visitors.
TITLE AUTHOR DATE
Lynne must be Silenced yup Wednesday, Jul. 04, 2012 at 4:00 AM

Local News

More problems at Shutdown San Onofre Nuke J29 3:40PM

Change Links 2018 July posted J09 1:27PM

More Pix: "Families Belong Together," Pasadena J02 12:16PM

"Families Belong Together" March, Pasadena J02 12:08PM

Short Report on the Families Belong Together Protest in Los Angeles J30 4:26PM

Summer 2018 National Immigrant Solidarity Network News Alert! J10 11:58PM

Watch the Debate: Excluded Candidates for Governor of California M30 10:20PM

Change Links June 2018 posted M28 12:41AM

The Montrose Peace Vigil at 12 Years M22 1:01PM

Unity Archive Project M21 2:42AM

Dianne Feinstein's Promotion of War, Secret Animal Abuse, Military Profiteering, Censorshi M17 3:22PM

CA Senate Bill 1303 would require an independent coroner rather than being part of police M10 2:08PM

Three years after OC snitch scandal, no charges filed against sheriffs deputies M10 1:57PM

California police agencies violate Brown Act (open meetings) M02 1:31PM

Insane Company Wants To Send Nuke Plant Waste To New Mexico A29 4:47PM

Change Links May 2018 A27 1:40AM

Worker-Owned Car Wash on Vermont Closed A26 10:37PM

GUIDE TO REBEL CITY LOS ANGELES AVAILABLE A12 5:39PM

lausd whistle blower A10 11:58PM

Website Upgrade A10 3:02AM

Help KCET and UCLA identify 60s-70s Chicano images A04 1:02PM

UCLA Luskin: Casting Youth Justice in a Different Light A02 11:58AM

Change Links April 2018 A01 11:27AM

Nuclear Shutdown News March 2018 M31 6:57PM

Join The Protest Rally in Glendale on April 10, 2018! M29 7:00PM

Spring 2018 National Immigrant Solidarity Network News Alert! M19 2:02PM

Anti-Eviction Mapping Project Shows Shocking Eviction Trends in L.A. M16 5:40PM

Steve Mnuchin video at UCLA released M15 12:34AM

More Local News...

Other/Breaking News

Fbi attempts on my life A19 4:25AM

Paraphysique du non-dit A19 1:31AM

Paraphysique de l'autocensure A18 1:06AM

Darkness Rises Hack MOD Generator A17 3:18PM

“Animaniacs in Concert!” Starring Voice Legend Rob Paulsen, Saturday, October 6th A16 11:21AM

Illegal Russians Invited to West Bank at Invitation of Israeli Government Outside jewish A16 12:39AM

Nous sommes le système A15 11:30PM

HDD Dolum A15 4:34PM

Prosecuted: Have you had an experience that changed your opinion of the justice system? A15 2:55PM

Post-capitalist Perspectives A15 5:09AM

Big Brother chez vous, Big Brother partout A13 11:18PM

Change Links August 2018 A13 6:56PM

Vietnam Labor Watch Tackles Outside and Inside Exploitation of Nation's workforce A13 6:40PM

What it means to be an artist A12 8:28PM

Setback for Developer of SC Farm Land A12 4:09PM

Video: Lawrence Tribe: To End a Presidency: The Power of Impeachment," 59 min A12 10:11AM

Génétique de l'environnement A12 3:32AM

Video: Thomas Frank: Rendezvous with Oblivion, 58 min A11 12:48PM

Philippines – Duterte 2 Years on: Destructive, Divisive, and Despotic A11 1:29AM

Anarchie et anarchisme A10 4:13AM

July 2018 Honduras Coup update A09 11:23PM

The iranian Backed Militia Hezbollah Bombs Communty Center in Argentina July 1995 85 Dead A09 6:50PM

The Shortwave Report 08/10/136/18 Listen Globally! A09 4:19PM

Paraphysique du taulard A09 1:58AM

Pantarchy: Voluntary State and a New Catholic Church: Stephen Pearl Andrews A07 7:38PM

Against Market Radicalism A06 4:02AM

Négoce du vol organisé A06 12:59AM

Paraphysique de la litote A05 1:48AM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy