A travesty of justice for Lynne Stewart: ‘People’s lawyer’ receives 10 years in prison

By Sara Flounders
New York

Jul 21, 2010

Every struggle against the criminal injustice system in the U.S. today is a struggle to maintain morale and a combative spirit in the face of overwhelming repression, systematic racism, isolation and intimidation.

In every trial of a political prisoner the victim becomes the criminal through orchestrated media demonization and prosecutorial lies and distortions. The most important role of a defense committee is to again and again mobilize people to respond with determination and solidarity through long trials and often frustrating years of legal appeals.

Activists wave to imprisoned lawyer & activist Lynne Stewart outside of Manhattan's Metropolitan Correctional Center.

This past week “people’s attorney” Lynne Stewart faced the outrage of being returned to court for an even harsher sentence at the demand of reactionary judges on a higher court who had denounced her original sentence of 28 months as too lenient.

The entire case against Stewart is about a wildly fabricated charge of aiding terrorism based on a press release Stewart made 10 years ago for a convicted former client, Sheik Omar Rahman. Stewart, Ramsey Clark and Abdeen Jabara defended the sheik at a trial in 1995.

Ralph Poynter, Lynne Stewart's spouse, with her daughter Brenna Stewart.

In April 2002 Attorney General John Ashcroft had federal agents arrest Stewart without warning and charged her with crimes that were not even on the books at the time the press release was issued. Stewart was sentenced four years ago by the same Judge John G. Koeltl to 28 months in prison. Judge Koeltl has now caved in to judicial and media pressure and quadrupled her original sentence to 10 years in federal prison.

It is the mobilizations of love and solidarity in the streets that will help keep 70-year-old Stewart alive as legal challenges and a new appeal are raised.

Ramsey Clark photo: John Catalinotto

On July 8 at Judson Memorial Church several hundred people packed a powerful solidarity rally for Stewart. The event was extremely well organized with tables of food, literature, CDs, speakers, drummers, music and a large screen with videos of Stewart and photos to help mobilize for the week ahead.

On July 14, the night before the resentencing hearing, hundreds rallied at the Metropolitan Correctional Center, next to the federal court building where Stewart was being held. There were two hours of speakers and chants, followed by a march to the front of the jail.

Activists and Stewart’s large extended family first took the streets in front of the MCC. At the rally site Stewart could be seen waving with both fists raised behind the bars, double grill and glass of her cell on the second floor. Drums, horns and chants resounded off the walls.

Lynne Stewart, left, greets supporters from behind bars.

For an emotional hour there was a wild echoing chorus expressing love and solidarity and determination. Every form of energy and sign language that could raise Stewart’s spirits was thrust forward. During the entire time Stewart kept her clenched fists raised.

Hundreds turned out hours before for Stewart’s resentencing on July 15. Even with long lines and security checks the main court room and overflow court rooms to accommodate hundreds more were packed with supporters. The mood was grim but determined as people filed out of the courthouse and pledged to continue the fight.

The determination is enormous to continue the struggle to appeal this outrageous sentence and free Lynne Stewart.

The writer is a co-director of the International Action Center, a main organizer of the support activities for Stewart.

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Following is a selection of responses from activists after the Lynne Stewart resentencing hearing July 15, 2010, when the judge gave the progressive lawyer and breast-cancer survivor a 10-year prison term.

The Lynne Stewart case proves that the desire for justice in the U.S. is alive and well as seen by the constant support Lynne has received over the many years of this case. The government’s action is discouraging. The continued response of the people is encouraging. The struggle continues.

Ralph Poynter, Lynne Stewart’s life companion

The death sentence imposed on a 70-year-old woman has sent a message that the terms “terror” and “terrorism” will be used to stifle dissent, to silence voices, to let the powers that be trample over the rights of ordinary [people]. Those of us in the peace movement, the anti-war movement, the anti-racism movement, the environmental movement, the movement for a just immigration policy, must continue our struggles. This is what Lynne Stewart wants us to do. Her sacrifice will not be in vain if we continue these vital grass roots movements for a just and humane society. We owe that to our beloved Lynne Stewart, the people’s lawyer. We got your back, Lynne. Aluta continua!

Vinie Burrows, U.N. Rep.,Women’s International Democratic Federation; founding member of the Granny Peace Brigade; and recipient of the Paul Robeson Award from the Actors Equity Association.

WE MUST START FRESH!!! Imagine a world where Mumia, Peltier, the Cuban Five, Mehanna and Lynne are among us. It’s time to start unsullied, introduce new and youthful ideas, blood and tools. Knowing what I know about Lynne there will be a surge in jailhouse lawyers, prison reform, anti-imperialist, anti-Zionist and anti-fascist revolutionaries. One of my catchphrases for the last 20 years has been, “This entire system was never designed to empower us.”

Knowing this and being in media, everything I touch is aimed at exposing, indicting and criticizing this system while creatively designing a world without fascists, imperialists and dictators masked in free enterprise. Lynne was not the only one indicted, tried, convicted and sentenced; we all have been sentenced to a lack of access to this beautiful bright light that made us better every day.

U-Savior, journalist, media activist, filmmaker and director of the documentary “Disappearing Voices — The Decline of Black Radio.” (www.disappearingvoices.com) E-mail: usavior@blackwaxx.com.

The fourfold increase in the prison sentence for Lynne Stewart to 10 years is a tragic miscarriage of justice. In sentencing, the court relied on the guidelines as if they were the Ten Commandments, while they are discretionary and have proved disastrous nationally to federal justice, imposing and lengthening sentences that have multiplied the federal prison population to the level of an international disgrace. This sentence, if affirmed, will further distort federal sentencing, diminish the imperative role of federal trial judges in determining sentences, infect judicial decision making with the fear of terrorism and inhibit all but the bravest of the criminal defense bar from zealous advocacy on which the honor and integrity of the rule of law in [the U.S.] depends.

Ramsey Clark, former U.S. attorney general, human rights lawyer and Lynne Stewart’s co-counsel in trial of Sheik Omar Rahman.

The corporate media does not mention the extraordinary support Lynne got not just with hundreds showing up today for a three-hour court hearing, but a long vigil last night, and a long program a week ago at Judson Memorial Church. People call her “the people’s lawyer,” deeply appreciate her decades of contributions to the movement, and express their love for her in so many ways. Supporters wrote letters, contributed money and came to event after event. The love that poured out for Lynne was truly inspiring. It’s what motivates our movement at its best and shows the kind of person and exemplary leader Lynne is, in her high level of morality, commitment and ability to unify.

Suzanne Ross, co-chair, Free Mumia Abu-Jamal Coalition (NYC)

What the corporate media accounts omit is that there were hundreds of supporters in court today — so many that they had to accommodate most of us in an overflow room on a different floor with a closed-circuit TV broadcasting the proceedings. We all must denounce this outrage committed against this wonderful 70-year-old person in fragile health, and work harder than ever to organize to free her.

Bob Lederer, Justice and Unity Coalition, WBAI (NYC)

We have work to do. We must never give up! Instead we must organize, organize, organize and resolve to fight now harder than ever! I completely disagree with the judge and was extremely disappointed with the resentencing. This is a horrible day for what is left of this system of justice and is an attack on the legal system as it sends a clear message that the U.S. is now going after the attorneys. Everyone should be concerned about this and attorneys everywhere need to come together and stand up to fight this horrible decision. Lynne Stewart is a courageous woman and we need more attorneys like her.

Lisa Davis, Take Back WBAI

The full force of the U.S. criminal “justice” system came down on innocent political prisoner, 30-year veteran human rights attorney and radical political activist Lynne Stewart. We can only hope that the winds of change that are stirring the consciousness of millions today in the context of [U.S.] capitalism in economic and moral crisis keep the movement for her freedom alive and well. The fight is not over! What we do now remains critical. Lynne’s expected appeal to the U.S. Supreme Court cannot be written off as absurd and hopeless. What we do collectively to free her and all political prisoners and to fight for freedom and justice on every front counts for everything!

Jeff Mackler, West Coast director, Lynne Stewart Defense Committee

The Feds’ targeting and extreme abuse of Lynne Stewart has everything to do with her years of dedicated legal defense work for radical U.S. political prisoners such as Sekou Odinga and David Gilbert, as well as for Arabs and Muslims under legal attack. We all need to stand up for this hero whose life is at risk.

Elspeth Meyer, Resistance in Brooklyn, member of Lynne Stewart Defense Committee