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lynne stewart update
Judge dismisses major terrorism counts against Lynne Stewart
In a 77-page opinion issued July 22, U.S. District Court Judge John G.
Koeltl dismissed two counts of a federal grand jury's indictment of New
York
attorney Lynne Stewart and Arabic translator Mohammed Yousry on charges
of
aiding and abetting terrorism.
However, the judge denied motions from Stewart's attorney Michael Tigar
to
dismiss the remaining three counts against Stewart on lesser charges,
which
also carry significant jail terms. Stewart will now proceed to a trial
on
the remaining issues. Government attorneys are considering whether to
appeal
Koeltl's decision.
Yousry and two other defendants, Ahmed Abdel Sattar and Yasir Al-Sirri,
still face charges stemming from the government’s original indictment.
Stewart was charged with "conspiring to provide material support and
resources" and with "providing and attempting to provide material
support
and resources to a foreign terrorist organization (FTO) in violation of
U.S.
law." She formed a defense committee that almost immediately won the
support
of major legal and civil liberties groups from the ACLU and Center for
Constitutional Rights to the National Lawyers Guild and the National
Association of Criminal Defense Lawyers.
Stewart, 63, has spent a lifetime defending victims of government
persecution and social injustice. She has been a tireless campaigner
for the
freedom of innocent death row inmate Mumia Abu-Jamal. Stewart has
become a
featured speaker at events across the country where activists gather to
oppose the government's drive to weaken or eliminate hard won gains for
democratic rights.
Seeking to make an example of Stewart, U.S. Attorney General John
Ashcroft
dramatically announced her indictment on the David Letterman TV show
one
year ago, charging that she had violated the 1996 Anti-terrorism and
Effective Death Penalty Act.
The terrorism charges carry a jail sentence of up to 40 years. They
stemmed
from Stewart's role as chief counsel for Sheik Abdel Rachmin, the blind
Egyptian cleric who was convicted on frame-up charges, in 1995, of
conspriracy to bomb the World Trade Center and destroy other public
monuments.
The government charged that Steward became a conduit for Rachmin's
organization, the Islamic Group, when she publicly released a statement
from
Rachmin purportedly calling on his Egyptian followers to break a
cease-fire
agreement with the Egyptian government.
While the first two counts against Stewart were dismissed on grounds
that
the federal law under which Stewart was indicted was
"unconstitutionally
vague," Judge Koeltl went to great lengths to refute the major
constitutional and civil liberties arguments advanced by her attorney
in
regard to most all other matters.
Koeltl refused to dismiss count three, "soliciting people to engage in
crimes of violence," count four, "conspiring to defraud the United
States,"
and count five, "making false statements." These charges include
violation
of Bureau of Prisons-mandated Special Administrative Measures (SAMs)
designed to prevent Stewart from publically revealing the substance of
any
conversation with her client.
The judge did grant an Aug. 26 evidentiary hearing in relation to these
charges. Stewart plans to introduce evidence exposing the fraud of the
government's case. The hearing is set for 9:30 a.m. at 500 Pearl Street
in
Manhattan.
Stewart's defense committee stated, "We are extremely happy about Judge
Koeltl's decision to dismiss the two top charges in the indictment but
the
case is not over. [Emphasis in original.] There are still three counts
that
remain which carry jail time and which could result in Lynne Stewart's
losing her license to practice law. The government may appeal the
judge's
decision. Please do not interpret this decision to mean that the case
is
over."
Stewart told Socialist Action that her initial and partial victory was
largely due to the national public fight that her defense committee
waged on
her behalf.
For further information contact: The Lynne Stewart Defense Committee,
351
Broadway, 3rd Floor, New York, NY 10013, (212) 679-6018,
info@lynnestewart.org.
The article above was written by Jeff Mackler and first appeared in the August 2003 issue of Socialist Action newspaper.
