Lynne Stewart Appeal for Justice: US
Courthouse - Many Worldwide Support Lynne
24 Feb 2012By Stephen
Lendman
Lynne was wrongfully indicted, convicted, sentenced,
and given a far harsher one unjustifiably on appeal.
On February 29, US Court of Appeals for the Second
Circuit arguments will be presented. She won't be
there, but hopes massive support will turn out for her
at the:
US Courthouse
500 Pearl Street
Manhattan, New York
She can be reached as follows:
Lynne Stewart #53504-054
Federal Medical Center, Carswell
PO Box 27137
Ft. Worth, TX 76127
Her full appeal brief discusses all relevant facts
about her and her case. It includes her character,
commitment, honor, and dedication to justice as the
law demands but didn't afford her.
She discusses her appeal as follows:
"After the disaster in July 2010, when Judge Koeltl,
following the directives of the Second Circuit
increased my sentence from 28 months to 10 years, our
righteous indignation fueled this appeal. The
government's argument will center on my testimony at
trial and the alleged perjury. All of those facts were
before the Court at the time of the 28 month sentence
and were not the basis then of a double digit
sentence."
"Our Brief attacks the increased sentence on two
different fronts –one on a doctrine of "substantive
unreasonableness" meaning it's just too much of an
increase, five fold — given the circumstances.
Secondly, we argued that the only "new" information
before the Judge were my statements after my first
sentence in October of 2008 and remarks I made on the
Courthouse steps before I surrendered to prison. We
contend strongly that this is protected speech under
the First Amendment of the Constitution, and cannot be
used to increase or as a basis for sentencing. (even
if they hate it !!!)"
"The same group of 3 Judges that heard and decided the
original appeal will also hear the arguments on the
29th. The government is not asking for more time; they
are satisfied with their pound of flesh but it is not
likely that this Court will take any action that will
help me. The times are askew for prisoners and their
lawsuits."
The lawyers that argued in July of 2010 will be on
board with the addition of Herald Price Fahringer, an
eminent attorney in the First Amendment field (the win
in the Larry Flynt Hustler case in the US Supreme
Court was his. He was also in the line of fire (no
injuries) when the shooting took place.) He will
enthusiastically present our case. I will not be
present –not unusual once imprisoned. But my spirit
will be there to inspire !!!"
"Of course, my case has always been government firing
warning shots to Lawyers, that a vigorous defense, of
certain clients, if not conforming to government
specifications, will be punished severely. This chill
effect in these days that we are confronted with Grand
Jury investigations and dismantling of Occupations is
not something we should contemplate with anything less
than alarm."
"I have just finished David Gilbert's book (Love
Struggle) and the intercession of lawyers when there
are arrests of designated enemies of the "state" are
the only meaningful protection available."
"A Large Outpouring of Support in Foley Square and Tom
Paine Park and in the Courtroom will signal to these
arbiters of "Justice" that attention must be paid, the
99% are watching them with suspicion and tallying up
the roads not taken."
A Final Comment
For 30 years, Stewart worked tirelessly defending
America's poor, underprivileged, and unwanted. They're
never afforded due process and judicial fairness
without an advocate like her.
Where others wouldn't go, she did courageously,
defending controversial figures like Weather
Underground's David Gilbert, United Freedom Front's
Richard Williams, Black Liberation Army members Sekou
Odinga and Nasser Ahmed, and many more like them. She
knew the risks, but took them fearlessly and
courageously until wrongfully indicted for doing her
job.
Her case sent a chilling message to other lawyers that
it's dangerous defending unpopular clients ruthless
prosecutors want to convict.
Throughout her career, she scrupulously observed the
American Bar Association's Model Rules. They obligate
lawyers 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."
She did that and much more. She's a model attorney and
human being. Now she's wrongfully imprisoned for 10
years. On February 29, her skilled legal team will
argue persuasively for justice. For Lynne, it's long
overdue.
Her original sentence was unjust. Increasing it
fourfold constituted cruel and unusual punishment. The
Eighth Amendment prohibits it.
A single prison day ignores her lifetime commitment to
community, the rule of law, society's poor,
underprivileged and unwanted, and the profession she
chose to represent them honorably and courageously.
Many worldwide support Lynne. This writer's proud to
call her a friend. On February 29, join others in
Manhattan's federal court on her behalf.
Lynne says her case is "bigger than just (her)
personally." She'll always struggle for justice and
urges others to as well in her signature comment,
saying:
"Organize - Agitate, Agitate, Agitate."
"Love Struggle"
And be sure to write her and show up on February 29.
Stephen Lendman lives in Chicago and can be
reached at lendmanstephen@sbcglobal.net. Also 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/.
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