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For the actress, see Lynne Marie Stewart.

Lynne F. Stewart (born October 8, 1939) is a former New York attorney and self-described radical known for her outspoken political views and zealous representation of controversial, and often unpopular, defendants. She has represented high profile clients including black nationalists, members of the Weather Underground, Mafia figures, and terror suspects. On February 10, 2005, Stewart was found guilty of conspiracy, providing material support to terrorists and defrauding the U.S. government.

On October 16, 2006, a judge sentenced Stewart to 28 months in prison. In explaining his refusal to either impose the longer thirty year sentence proposed by the prosecution, or waive jail time entirely as Stewart had requested, the judge said that during her long career of representing unpopular clients she had "performed a public service, not only to her clients, but to the nation." but that her actions in this case constituted "extraordinarily severe criminal conduct" Stewart was a high-profile member of the National Lawyers Guild and was automatically disbarred after being convicted.

The Rahman case

Stewart was convicted of providing material support (through a press conference and allowing access by her translator) to a terrorist conspiracy to kill persons outside of the United States and conspiring to defraud the U.S. government when acting as counsel to Sheikh Omar Abdel-Rahman, the blind Egyptian cleric who was convicted in 1996 of plotting terrorist attacks against various sites in the New York City area. Specifically, she was accused, in a federal grand jury indictment, of passing Rahman's blessing for a resumption of terrorist operations to his fundamentalist Muslim terrorist cell in Egypt after cell members inquired whether they should continue to honor a ceasefire that was in place against the Egyptian government.

Stewart claims that the dispute is over one communication on behalf of her client to his supporters via a Reuters article, followed by a clarification after it appeared to have been misinterpreted. The clarification said: "I am not withdrawing my support of the cease-fire, I am merely questioning it and I am urging you, who are on the ground there to discuss it and to include everyone in your discussions as we always have done."

Stewart's original sentencing was to be in July 2005 but Stewart's defense team had repeatedly asked for and received numerous adjournments (delaying sentencing for over a year), due to her needing treatment for breast cancer.

These measures, which Stewart had accepted in writing in order to be allowed to meet with Abdel Rahman in prison, provided that she would not, "use meetings, correspondence, or phone calls with Abdel Rahman to pass messages between third parties (including, but not limited to, the media) and Abdel Rahman". The material support charges were dismissed in the summer of 2003, but, in November 2003, Stewart was re-indicted on charges of material support to a murder conspiracy, of which she was ultimately convicted.

At trial, she was represented by Michael Tigar, a famous defense attorney who also represented Terry Nichols in the Oklahoma City Bombing case. Supporters of Stewart alleged that the government charged her for her speech in defending the rights of her client. They believed that Stewart's efforts to release communications from her client were part of an appropriate defense method to gain public awareness and support. They also expressed alarm that wiretaps and hidden cameras authorized by the Foreign Intelligence Surveillance Act were used by the Government to gather evidence against her, which they called a violation of attorney-client privilege.

Her case was the inspiration for an episode of Law & Order entitled "Open Season".

Support and opposition

Stewart's most outspoken support came from the National Lawyers Guild of which she was a member. Some of Stewart's supporters included the Center for Constitutional Rights and the National Association of Criminal Defense Lawyers; both organizations filed amicus briefs in support of Stewart. They expressed concerns that the prosecution for zealous defense tactics could cause attorneys to become fearful of defending alleged terrorists and deprive individuals of their constitutional right to due process. Indeed, the evidence showed that, after Stewart issued the press release, she was told that Rifai Taha, a militant terrorist in Egypt who was associated with Osama bin Laden, viewed the press release as support of Taha's desire to return the Islamic Group to violence. Nonetheless, Stewart disseminated another press release, reaffirming Abdel Rahman's withdrawal of support for the ceasefire.

Following a nine-month trial and thirteen days of jury deliberations, Stewart and co-defendants Mohamed Yousry (whose first name is frequently misspelled "Mohammed") and Ahmed Sattar were found guilty as charged. Stewart has requested that the Court exercise the considerable sentencing discretion given to judges by the U.S. Supreme Court ruling in U.S. v. Booker and impose a non-custodial sentence. The government requested that the Court impose the maximum statutory penalty, stating, "We hope that this sentence of 30 years will not only punish Stewart for her actions, but serve as a deterrent for other lawyers who believe that they are above the rules and regulations of penal institutions or otherwise try to skirt the laws of this country."

At a press conference at the courthouse following her conviction, Stewart stated, "I hope it will be a wakeup 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."

Ben Johnson, writing in the conservative Front Page Magazine, said that the trial was "in many ways a trial of the Left itself," but noted that the verdict "will not still the anti-American fanaticism of Stewart’s and Yousry’s campus cult-worshippers. Their hatred of this country blinds them to its greatness just as it excused their evil deeds – and will probably cause them to overlook the pro-terrorist actions of Stewart’s comrades in the future."

Stewart intends to appeal her conviction.

Sentencing submissions

In a letter to the court dated September 26, 2006, Stewart affirmed that her actions were consistent with how she had always represented her clients, but that she failed to recognize the difference in a post-2001 America and, in hindsight, should have been more careful to avoid misinterpretation. "I inadvertently allowed those with other agendas to corrupt the most precious and inviolate basis of our profession – the attorney-client relationship." The New York Times reported Stewart "acknowledged that she knowingly violated prison rules and was careless, overemotional and politically naïve in her representation of a terrorist client." .

External links

References

http://www.cnn.com/2005/LAW/02/10/terror.trial.lawyer/
"Convicted Attorney Lynne Stewart: "You Can't Lock Up the Lawyers"". Democracy Now. 2005-02-11. Retrieved 2006-10-16.

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