Vol. 73/No. 48      December 14, 2009

Stewart was convicted in 2005 of “conspiracy to provide material support to terrorist activity.” On November 18 Judge Koeltl revoked Stewart’s bail after the U.S. Court of Appeals for the Second Circuit upheld her conviction and ordered him to consider imposing a harsher sentence.

Stewart was imprisoned November 19. According to her attorney Joshua Dratel, she has been denied phone calls and visits ever since.

At the hearing Koeltl ordered a “presentencing report” from the probation department covering any new information or events since Stewart’s original sentencing that are relevant to her resentencing. Stewart’s attorneys stressed the importance of new information on her medical condition. Prior to the appeals court ruling, she had been scheduled for surgery on December 7 that would require four to six weeks’ recovery time.

The judge is requesting the presentencing report by Feb. 19, 2010, after which both the government and Stewart’s attorneys can submit arguments.

Stewart was convicted for distributing a press release from an imprisoned client, Sheik Omar Abdel-Rahman. He had been sentenced in 1996 to life in prison plus 65 years, framed up on charges of “seditious conspiracy” based on alleged links to the bombing of the World Trade Center in 1993. Prison officials had imposed draconian restrictions on Abdel-Rahman’s ability to communicate, give interviews, or even call his family.

Stewart put out the press release in 2000. It was not until 2002—on the heels of the September 11 attacks on the World Trade Center and Pentagon—that then attorney general John Ashcroft announced the indictment of Stewart.

The government sought a 30-year sentence for Stewart, who is now 70 years old. Koeltl gave her 28 months. The appeals court urged him to reconsider the length of the sentence and suggested she should have also been convicted of perjury.

In upholding the conviction of Stewart and two other defendants, the appeals court also upheld the secret wiretapping and videotaping of attorney-client meetings and phone calls, the introduction as evidence of classified information that the defense was not allowed to see, the requirement that Stewart sign an agreement to observe government restrictions on her client’s communications, and the assignment of an anonymous jury in the trial. The latter was used to create an intimidating atmosphere in the courtroom and a sense that the defendants were highly dangerous.

Courtroom security today sought to impose a similar atmosphere. One guard at the metal detector directed supporters of Stewart to room 23A and said “‘A’ stands for other things too, I might add.” Nevertheless the courtroom was packed with supporters of Stewart and officials were forced to open a second, overflow room where the proceedings were televised.

Letters to Stewart may be sent to: Lynne Stewart, #53504-054, MCC-NY, 150 Park Row, New York, NY 10007. For information on her defense, go to lynnestewart.org or call (212) 625-9696.
 
 
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