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Stewart, others convicted on bogus 'terrorism' charges

Published Feb 17, 2005 8:35 PM

Following almost three years of government pressure and media baiting of the defendants, on Feb. 10 a Manhattan jury convicted well-known human-rights fighter and defense attorney Lynne Stewart on five counts of "conspiring to aid terrorists" and "lying to the government."


Lynne Stewart

John Ashcroft's Justice Department targeted Stewart because of her determined defense for her client, Muslim cleric Omar Abdel Rahman, and because of her long career as a fighter for justice. Stewart, who is 65 years old, faces a possible maximum sentence of 45 years.

Stewart's co-defendants--Mohammed Yousry, an Arabic translator, and Ahmed Sattar, a postal worker who acted as a paralegal--were also convicted of all charges against them.

Speaking to the media immediately after hearing the verdict, Stewart said, "We are not giving up, obviously. We are going to fight on. This is the beginning of a longer struggle. I think everyone who has a sense that the United States needs to protect the Constitution at this time understands that struggle.

"And this case could be, I hope it will be, a wake-up call to all of the citizens of this country and all of the people who live here that you can't lock up the lawyers. You can't tell the lawyers how to do their job. You've got to let them operate. And I will fight on. I'm not giving up. I know I committed no crime. I know what I did was right."

The National Lawyers Guild, anti-war organizations and civil-rights groups have rallied to Stewart's defense following what they called "a travesty of justice."

Stewart's indictment in April 2002 was announced by Attorney General Ashcroft himself on the David Letterman show. It was the first time that the federal government prosecuted a defense attorney in a terrorism case. Lawyers around the country have said that they fear the government's goal is to silence dissent and scare lawyers away from defending clients that have been demonized.

The prosecution claimed that Stewart helped to communicate a message from Rahman to his organization in Egypt, the Islamic Group, by passing on a press release expressing his opposition to a cease fire with the Egyptian government. The government claimed that this was a violation of the "Special Administrative Measures" (SAMs) against Rahman. SAMs severely limit the ability of certain federal prisoners to communicate with the outside world.

However, as even the New York Times admitted, "The government never showed that any violence resulted from the defendants' actions. The Islamic Group never canceled the cease fire. The defendants were not accused of terrorism in the United States."

Stewart's behavior was in no way linked to any violent acts. Yet the prosecutor tried to paint Stewart as a terrorist, even showing videotapes of Osama Bin Laden to the jury in attempt to link Stewart to Al Qaeda.

The seven-month trial of Stewart and her co-defendants was held in the same New York federal courthouse where the Rosenbergs were tried for conspiracy to commit espionage more than a half century ago. The prosecution introduced approximately 85,000 pieces of evidence, including transcripts and audio and video clips gleaned from spying on private phone calls, e-mails, and meetings. These included conferences between Stewart and the jailed Sheik--conferences that are supposed to be confidential.

The jury deliberated for 13 days before delivering a guilty verdict.

Jury intimidation

Just prior to her conviction, Stewart reported receiving a threat taped to the door of her apartment in Brooklyn. It was reportedly from the Jewish Defense Organization, an offshoot of the Jewish Defense League, a right-wing terrorist group.

In addition, the group taped fliers on lampposts near the Manhattan federal courthouse branding her a traitor for representing Omar Abdel Rahman and calling upon jurors to put Lynne Stewart "in a cage." Although the organization denied contacting any jurors, journalist Jennifer Monroe, who interviewed members of the JDO, concluded that they were engaged in jury intimidation.

Judge John Koeltl called upon law-enforcement authorities to investigate the organization, which threatened to run the lawyer/defendant out of town for being an "enemy" of the U.S. and Israel.

Koeltl set Stewart's sentencing for July 15. Because she was convicted of a felony, Stewart will be immediately disbarred. She remains free on bail, but is confined to New York State.

A statement issued by the National Lawyers Guild in response to Stewart's conviction said, "The U.S. Department of Justice was resolute from day one in making a symbol out of Lynne Stewart in support of its campaign to deny people charged with crimes of effective legal representation. The government is bent on intimidating attorneys from providing zea lous representation to unpopular clients."

The Guild called for a National Day of Outrage in response to the Lynne Stewart verdict for Feb. 17.

Speaking on WBAI-Pacifica Radio's "Morning Show" on Feb. 15, Stewart announced an organizing rally for Feb. 17 at the Community Church in New York at 7 p.m. She said she had been getting e-mails from all over the country and the world and had begun a campaign to send 1 million letters to Southern District Judge John Koeltl demanding he rule in her favor.

She said she hoped "this conviction is the low point for the struggle and we can start fighting back from here."

Sara Flounders, a co-director of the Inter national Action Center, said her group would "support any protests and other actions called to defend Lynne Stewart. She is a real people's hero and has conducted herself with enormous courage and determination. This is an historically important case. She should be included in every mass people's program to give voice to her or her case in every struggle throughout the country."

To find out more and to assist in her defense, go to www.lynnestewart.org or write to the Lynne Stewart Defense Committee, 351 Broadway, 3rd Floor, New York, NY 10013.