From: DemocracyNow via SF Bay View:
Well, the impossible takes a little longer! We learned this morning that the U.S. Attorney’s Office has made the motion for my compassionate release and that the order was on Judge Koeltl’s desk. Since on the last go-round he stated in court that he would treat it “favorably.” We are now just waiting expectantly.
The wonderful thing is that Ralph is here in Ft. Worth for a visit and will bring me back to NYC with him. We don’t know when, but the rules state that the warden has two days to let me go after he receives the order, so it could be as early as Friday or a few days more.
If this reaches you before midnight tonight, raise a glass of bubbly to the joy of all of us that the old girl is OUT!
Whatever it is, I can’t stop crying tears of joy! I can’t stop thinking of all the marvelous people worldwide who made this happen. You know, because each of you played an integral role.
My daughter Z is already lining up Sloan Kettering and we will have to see if there is a probation qualification attached to the order and how it will affect me. After that, Ralph will start making arrangements to rent Yankee Stadium for the Welcome Home … smile.
So if this reaches you before midnight tonight, raise a glass of bubbly to the joy of all of us that the old girl is OUT!
From the National Lawyers Guild (NLG):
For immediate release:
December 31, 2013
NEW YORK —Today Judge John G. Koeltl granted the Bureau of Prisons’ (BOP) request for the compassionate release of Lynne Stewart. This is heartening news. Ms. Stewart is 74 years old and has terminal cancer with a life expectancy of less than 18 months. She has been serving a ten-year sentence at the Federal Medical Center Carswell (FMC Carswell) in Fort Worth, Texas, in connection with her defense of Sheikh Omar Abdel Rahman.
As her condition has continued to deteriorate, the National Lawyers Guild (NLG) and several legal and social justice organizations have twice called on Attorney General Eric Holder to direct the BOP to grant compassionate release. Given that Ms. Stewart’s medical condition clearly falls within recent reforms to the BOP’s compassionate release program announced by Holder in August, and that the warden at FMC Carswell had earlier approved her release, the NLG urged that the process of consideration be expedited.
“From arrest to sentencing, Lynne Stewart’s case was used by the Department of Justice to send a chilling message to attorneys: think twice about who you represent! For speaking to a Reuters reporter about her client’s viewpoints – in violation of an administrative order – an ailing Ms. Stewart was sentenced to a decade in prison. Today’s small measure of justice does little to repair the damage wrought by the government’s unjust prosecution of an advocate whose service to society has been widely documented,” said Heidi Boghosian, Executive Director of the NLG.
Robert J. Boyle, one of Lynne Stewart’s attorneys added, “We are gratified and thankful that the government has agreed to Lynne’s compassionate release request. She has dedicated her life to fighting for justice for the underserved and unpopular. Lynne can now return home to her family and to the community that loves her.”
Ms. Stewart is a longtime member of the National Lawyers Guild. Since her initial indictment, Guild members have educated the public about the many ways her case runs afoul of the Constitution. The Guild’s 2005 publication The Case of Lynne Stewart: A Justice Department Attack on the Bill of Rights is available at nlg.org.
Contact: Tasha Moro, 212-679-5100, ext. 15
# # #
From: Blog for and by Marie Mason, Dec. 18, 2013:
I would like to add my voice to the many who have called for Lynne Stewart to be granted compassionate release. Though we are nominally at the same prison facility at Carswell, we have been unfortunately unable to meet. The Admin Unit (where I am housed) is an isolated unit, separate from the rest of the facility here. But I would have been proud to make her acquaintance and to thank her for her years of tireless work on behalf of those in need of defense and advocacy. From all that I have read about her, she is a formidable attorney – both fearless and compassionate.
It is tragic that this hero of the people, this astute, talented and conscientious woman, is prevented from accessing the care she needs to give her the best chance at survival, and to at least be given the closeness and connection to her partner, Ralph, and family during this time of grave illness. I have had the opportunity to thank the Warden here for speaking on Ms. Stewart’s behalf in her request for compassionate release. If the decision were his, Ms. Stewart would be home now. So I am still hopeful that other prison officials will also come to the opinion that Ms. Stewart should be allowed to go home.
I hope that the ever increasing numbers of good hearted people working together to apply some pressure will eventually bring about her release. If you are able to call or write on Ms. Stewart’s behalf, I urge you to do so now. She is precious to us all, and worth fighting for. Wishing you well, Ms. Stewart, with love and solidarity
by Lynne Stewart
I need to ask once again for your assistance in forcing the Bureau of Prisons to grant my compassionate release. They have been stonewalling since August and my life expectancy, as per my cancer doctor, is down to 12 months.
While this is entirely within the range of their politics and their cruelty to hold political prisoners until we have days to live before releasing us – witness Herman Wallace of Angola and Marilyn Buck – we are fighting not to permit this and call for a BIG push.”
Send our sister some love and light: Lynne Stewart, 53504-054, FMC Carswell, Unit 2N, P.O. Box 27137, Fort Worth TX 76127.
Take action between now and the New Year
Telephone and send emails or other messages to Federal Bureau of Prisons Director Charles E. Samuels Jr. and Attorney General Eric Holder:
- Federal Bureau of Prisons Director Charles E. Samuels Jr.: (202) 307-3250 or 3062, firstname.lastname@example.org
- Attorney General Eric Holder, U.S. Department of Justice: (202) 353-1555, AskDOJ@usdoj.gov
Contact U.S. embassies and consulates in nations throughout the world.
Send an International Action Center petition: iacenter.org/NewLynneStewartPetition/.
Send a petition from Change.org: change.org/petitions/new-petition-to-free-lynne-stewart-support-compassionate-release
Let us create a tidal wave of effort internationally. Together, we can prevent the bureaucratic murder of Lynne Stewart.
Jailers as judges
In a new 237-page report entitled “A Living Death,” the American Civil Liberties Union documents unconstitutional practices permeating federal and state prisons in the U.S. Focused on life imprisonment without parole for minor offenses, the ACLU details conditions of 3,278 individual prisoners whose denial of release is deemed “a flagrant violation of the Eighth Amendment ban on cruel and unusual punishment” occurring on an increasing scale.
The ACLU labels the deliberate stonewalling as “willful,” a touchstone of the Federal Bureau of Prisons and the Department of Justice’s flagrant violation of the Eighth Amendment ban on cruel and unusual punishment. These conclusions corroborate the findings of Human Rights Watch in 2012: “The Answer is ‘No’: Too Little Compassionate Release in U.S. Prisons.”
The report is definitive in exposing arbitrary and illegal conduct that infuses every facet of the treatment accorded Lynne Stewart. “(T)he Bureau [of Prisons] has usurped the role of the courts. In fact, it is fair to say the jailers are acting as judges. Congress intended the sentencing judge, not the BOP to determine whether a prisoner should receive a sentence reduction.”
Lynne Stewart’s medical findings show less than 12 months to live as stipulated by her oncologist at FMC Carswell. The Federal Bureau of Prisons has failed to file the legally required motion declaring solely that the matter is “with the Department of Justice.”
The Political Prisoner, Lynne Stewart, was interviewed by mail by Patricia Vickers, a founding member of the Human Rights Coalition (HRC) of Pennsylvania. Ms. Vickers is the co-founder/editor of The Movement magazine of the HRC. A former 1960s student activist, Ms. Vickers is an eco-feminist whose youngest son, Kerry ‘Shakaboona’ Marshall, is a wrongly convicted juvenile serving Life Imprisonment as a Juvenile Lifer in Pennsylvania prisons and, though incarcerated for 25 years, is a political activist.
Human Rights Coalition: Hello. Welcome to THE MOVEMENT Sister Lynne. Thank you for granting me this interview with you. How are your health and spirits, and how are you being treated at FMC Carswell [Federal Prison]?
Lynne Stewart: My health is passable—the usual brushfires of aging, but good. My spirits are always high, especially with the mail I get to encourage me. I am being treated as well as can be expected. I receive heavy scrutiny—all mail, email and phone conversations.
Human Rights Coalition: There are people who aren’t aware of your unlawful confinement and the government’s repression of you for your legal representation of the Muslim blind Sheik. Can you enlighten the people about your situation?
Lynne Stewart: There are two aspects to my “situation,” as you so gallantly described it. First, I was prosecuted for doing what I believe is the duty and work of an attorney—to represent the client zealously and conscientiously. In the case of the original trial (1995) of the blind Sheik, Omar Abdel Rahman, of Egypt, we wanted to keep his name alive so that we could eventually try to negotiate a return for him even if it meant jail in Egypt. In that spirit I made a press release public, and to Reuters, expressing his point of view on a unilateral cease fire then in effect in Egypt. I believed that this was part of salvaging him from the torture of his solitary confinement and also that it was part of the work I had sworn to do. I was tried and found guilty for materially aiding “terrorism.”
Then, after I received a sentence of two-and-one-half-years, as opposed to the 30 years the government wanted, on appeal, the Second Circuit Court sent the case back for the Judge to give me more time. Without much ado, he sentenced me then to ten years, partially based upon on statements I made after the sentencing and before I surrendered in November 2009. That sentencing is currently on appeal and will be argued in the fall in New York City.
Human Rights Coalition: In the people’s eyes, mine included for sure, you are our [s]hero and represent a long line of principled and committed warriors of the struggle. How do you take being a Political Prisoner of the American government?
Lynne Stewart: I believe I am one of an historical progression that maintains the struggle to change the perverted political landscape that is the U.S. It seems that being a political prisoner must be used as a means of focusing people’s attention on the continuing atrocities around them. Nothing seems to be too shocking or corrupt to blast the complacency. Like my client Richard Williams used to say, I might think I hadn’t been doing my utmost if they didn’t believe I was dangerous enough to be locked up!
Human Rights Coalition: In April, the U.S. Court of Appeals for the Third Circuit ruled that Political Prisoner Mumia Abu-Jamal’s death sentence is unconstitutional. However, I am sure there are forces working behind the scenes within the Criminal Injustice System—like what happened in your case—to manipulate another death penalty outcome on Mumia. What is your opinion of the current news surrounding our brother Mumia?
Lynne Stewart: Mumia’s case is our greatest challenge because he is the best and the brightest, and they know it too. We, the progressive revolutionary movement, and Mumia’s lawyers, must create the strategy that forces the District Attorney to elect to try the death penalty issue. Then we get a chance in public, in court, to clearly present the overwhelming proof of his innocence. The worst thing that could happen is that the DA elects to give him life without parole—a living death that deprives our movement of one of its true leaders. I just hope that the blood thirsty Blue Line forces the issue and holds out for the death penalty so we are in the position to take advantage and advance our cause, and Mumia’s.
Human Rights Coalition: July 4th is widely celebrated as “Independence Day” in America, but the masses of people are experiencing their independence (freedom) taken away by the corporate American government, and by the big banks and mega-corporations that run them. Are the citizens of America truly free, or is their independence a grand illusion?
Lynne Stewart: I re-read Frederick Douglas’ great 4th of July speech every year to just remind myself of how little the ultimate issue has changed from the founding of the nation to today’s alleged “freedom.” Racism is at the core of the empire; and we can never be blinded by all the fireworks in the world.
Human Rights Coalition: Can you describe the difference between Civil Rights and Human Rights?
Lynne Stewart: For me the difference is the same as between the Constitution’s Bill of Rights and the UN Declaration of Human Rights. The Bill delineates the ways that Government may not encroach on our ability to operate freely. It is a prohibition on the Government limiting free speech, religion, the right to bear arms, and the right to free assembly. It delineates the rights within the legal system.
The Declaration guarantees fundamental human entitlements—freedom from hunger, freedom from fear, freedom to choose, freedom to live in an environment that doesn’t kill us, and our children.
We obviously fight for more than the political guarantee to be free of government interference—it is to be able to live an open and generous and contributing life toward the betterment of people on the entire planet.
Human Rights Coalition: Sister Lynne, What are human rights to you? What do you make of the growing human rights movement in the U.S.? And how can people advocate their human rights effectively?
Lynne Stewart: Advocating for human rights must always delineate that our struggle is not one of “self interest.” It is a fight for all of us. This raises the always-troubling question of the recognition that for some this may mean sacrificing their entitlements (i.e. skin privilege, class privilege) to better others’ lives. Nobody wants to give up what they feel that they have achieved legitimately, “within the system.” But without the recognition that one has benefited unfairly by the unwritten “code” that has favored certain groups over others, change cannot occur.
I also believe we have lost the sense that we enjoy the right of self-defense. Everyone is so busy announcing their “peacefulness” and willingness to be a victim for a cause, that we forget that a true measure of one’s seriousness is to defend oneself, and others—to live; Che’s observation that a revolutionary is moved by great feelings of love. This includes not only self-sacrifice but also daring to struggle, daring to win (to quote another hero, Mao).
Human Rights Coalition: What are some of the human rights violations that you see happening in the U.S. today that we, the people, need to eliminate?
Lynne Stewart: The most egregious and obvious violations are occurring in the prison system. Not only the obscenely long sentences but the torture holes of “Special Housing Units.” These are the equivalents of Belsen and Dachau, resulting in living death and mental deterioration. When I think that so many imprisoned without current hope of redress are political prisoners and have been held so for decades, it not only brings tears but also a feeling of grim determination to make it change!
Human Rights Coalition: What are some of America’s foreign human rights violations going on that people may not be aware of?
Lynne Stewart: I personally feel that the deterioration of the African sub Saharan continent and its descent into rapacious capitalism will ultimately translate into unparalleled destruction of people and resources. I include South Africa in this assessment. If the African National Congress (ANC) and Mandela had remained steadfast in the socialist principles that guided their resistance and not given in to the terrible temptations of compromise, greed and power, we might have seen the beginning of a different balance of power. Alas, this was not to be and instead we see the depredation of Africa, by absolutism and the American capitalist paradigm.
Human Rights Coalition: People seem to be oblivious or indifferent to the human rights abuses that occur daily in U.S. prisons against other human beings, women prisoners in particular. Can you shed some light on that human rights issue?
Lynne Stewart: Human rights do not exist in prison. Aside from the obvious violations described above, I see day-to-day a brainwashing that teaches all prisoners that they are less than nothing and not worthy of even the least human or humane considerations. This is reflected in the lack of adequate medical care, the appalling diet, the steady diet of spoon-fed mediocrity—TV (Archie Bunker re-runs), movies, no access to the Web, etc. There is an absence of legal advice or aid inside the walls. Law libraries with books have been eliminated; instead they have a computer program that is so anti-user that even I, an attorney of 30 years, have difficulty navigating it. Their goal is to keep us dumbed-down, docile and estranged.
The outside world is oblivious because they too have been brainwashed into believing that those locked away are less than human—based on differences of race and class. It is most difficult to struggle against the power if you don’t have a belief that the struggle is worth the sacrifice.
Human Rights Coalition: Do you consider the legal practice of sentencing children to life imprisonment without any possibility of release (a de facto death sentence) for homicide, to be a human rights violation?
Lynne Stewart: I am 100 percent opposed to anything that does not have a factor of human redemption or at least of remediation. I guess it is part of a whole belief system. If you are, like I am, committed to “changing” the world it must be ALL of us, who deserve to live in a system that recognizes that terrible psychic and physical damage can be done to human beings, and has a plan to make people, especially children, whole and restore them to our community.
Human Rights Coalition: In Pennsylvania, being debated is whether sentencing child offenders to life imprisonment without parole should simply be “reformed” by leaving the legal practice intact and simply give the child offender a sentence of life with parole eligibility or should the legal practice be abolished entirely and a new sentencing scheme be developed for child offenders instead? What is your position on the matter—reform or abolish it?
Lynne Stewart: Your question really asks if “reform” is possible within an inhumane system? This is an issue revolutionaries have wrestled with always. Do we give the starving a crust of bread or leave them hungry to make the greater change. I, like Rosa Luxemburg, always made it my practice to minister to immediate primary needs but also to render the explanation for their predicament in political terms and with political (group action) solutions. At least in that way, the baby was no longer starving for milk and there might be a spark ignited for the next confrontation with the oppressor.
In the strict context of your question, we do need to struggle to save people from the most inhumane punishments. However, until we resolve the burning questions of race and class, we must not forget that these are palliative, Band-Aids on a hemorrhage.
Human Rights Coalition: What do you say about the illusion of democracy in America that the people are now witnessing from the domestic austerity program that the federal and state governments are imposing on the American people?
Lynne Stewart: Our job is how to smash the myth of America and we haven’t really figured out as a movement how to blast our way past the sentimentality the media foists on us. We used to believe that if people knew the “truth,” this would shake their faith and move us toward change; or alternatively, if their personal shoe pinched, they would act in self-interest. Now people seem to know only fear and rely on the myths of Big Brother government to assuage them. Our job is to keep on struggling, keep on raising the contradictions, create an atmosphere where we the people are ungovernable.
Human Rights Coalition: Any final comments for the movement out there, Sister Lynne?
Lynne Stewart: In this struggle, once you enlist, it is for life. There are no guarantees and you will be disappointed. But you will also be uplifted when there are victories and enriched by friendship and dedication of the comrades. Most importantly, you can look in the mirror every morning and be at one with the person there because you made the difficult choice and decided to fight for the people against the evil empires. It is the best way to live and I have been on the lines for fifty-plus years, living it.
From fellow blogger Welcome to my World:
We should all take the time to write to her or send her a card to let her know she is in our hearts:
P.O. Box 27137
Fort Worth, TX 76127
The Sentencing of Lynne Stewart
by Michael Steven Smith, in MR Zine
21 July 2010
“At all times throughout history the ideology of the ruling class is the ruling ideology.” — Karl Marx
Lynne Stewart is a friend. She used to practice law in New York City. I still do. I was in the courtroom with my wife Debby the afternoon of July 19th for her re-sentencing. Judge John Koeltl buried her alive.
We should have seen it coming when he told her to take all the time she needed at the start when she spoke before the sentence was read. It didn’t matter what she said. He had already written his decision, which he read out loud to a courtroom packed with supporters. It was well crafted. Bulletproof on appeal. He is smart and cautious.
After about an hour into his pronouncement, he came to the buried alive part. He prefaced it by citing the unprecedented 400 letters of support people had sent him, all of which he said he read. He noted Lynne’s three decades of service to the poor and the outcast. He stressed that she is a seventy-year-old breast cancer survivor with high blood pressure and other serious health problems. And then he laid it on her: 120 months.
Everyone in the courthouse divided 120 by 12. He had given her a death sentence, we all thought. She’ll never get out. He almost quadrupled the 28 month sentence he had originally pronounced. She had told him that 28 months was a horizon, that she had hope. But no more.
Lynne’s granddaughter gasped. Then started sobbing. She kept crying even as Judge John Koeltl kept reading. And reading. And reading. It was awful. The sentence was pitiless and cruel. How to understand it?
Lynne’s lawyer Jill Shellow Levine rose after the judge finished. She asked him why. He was candid. He was told to do it by his supervisors, the judges on the Court of Appeals for the Second Circuit. This court is an institution of the elite. It is considered the second highest court in America next to the Supreme Court because it presides over the financial center of the empire, not its capital, that is in D.C., but its real capital. This court makes policy and Lynne Stewart was to be made an example of in “the war against terrorism” just as a half a century before, in the same court, Ethel and Julius Rosenberg were condemned to death in the war against communism, told that they had caused the deaths of 50,000 U.S. soldiers in the Korean War, and found guilty of the ridiculous charge of “stealing the secret” of the atomic bomb, when there was no secret, it was only a matter of technology. The sentencing Judge Kaufman knew they would leave behind two orphan children, Robert and Michael, ages six and three.
In 1947 George Kennan, the ideological father of the cold war, wrote that the United States had but six per cent of the world’s population and fifty per cent of its wealth. The problem was to keep it. Anti-communism served as the ideological cover the U.S. ruling classes used. But communism ceased to exist after capitalism was restored in the Soviet Union in 1991. A new ideological cover has been constructed in the wake of the September 11th criminal attack on the World Tread Center and the Pentagon: the War against Terror. Nationalist opposition to U.S. economic and foreign policy in parts of the Arab world is no longer led by communists but by fundamentalist Muslims.
Lynne Stewart represented one of them, Sheik Abdel Rahman, who was the leading oppositionist to the U.S.-sponsored Mubarak dictatorship in Egypt, which gets more money from America than any other country in the world except Israel. In 1993, at the behest of the Egyptian government, Sheik Rahman was criminally indicted and later convicted of the crime of “sedition” for suggesting to a government informer that rather than blow up New York City landmarks he choose “a military target.” It was on the occasion of a post-conviction prison visit that Lynne helped her client. She released his statement to Reuters press service announcing his withdrawal of support for a ceasefire between his group and the Egyptian government. This was in violation of a Special Administrative Measure (SAMs) that Lynne had agreed to with the U.S. Government. She wasn’t supposed to be a medium for communication between her client and the outside world. She should have challenged the constitutionality of the SAMs, she now realizes, and not just have violated them.
She wasn’t prosecuted for what she did, not under the Clinton administration, nor during the first years of George W. Bush. Then came 9.11. Bush’s Attorney General John Ashcroft flew into New York City in 2003 and announced Lynne’s indictment on the David Letterman show. The crime? A novel one. Conspiracy to provide material aid to a terrorist organization. What was the material aid? Her client. When Ashcroft did that, as the nation’s highest law enforcement officer, he committed an ethical violation for which any other attorney would have been sanctioned. He made sure that from the very beginning of her ordeal Lynne Stewart never had a chance. Not with the level of fear the government was able to generate and the scare they put into her jury.
In 2006 she was convicted and sentenced. The maximum was 30 years, but thanks to the superb legal work of National Lawyers Guild attorneys Elizabeth Fink and Sarah Kunstler and the outpouring of public support Judge Koeltl gave her 28 months. The government appealed the sentence to their U.S. Court of Appeals. Game over. The selective prosecution of Lynne Stewart was accomplished.
Judge John Walker, George W. Bush’s first cousin, sits on that court. His family made their fortune selling munitions during WWI. He wrote that the 28 months was “shockingly low.” Judge Koeltl was given his orders. The seemingly kindly boyish-looking jurist about whom it was said that he walks to work and looks after an elderly mother — not exactly a sadistic old lady killer — then reversed himself and on the same evidence nearly quadruped the sentence, putting a seventy-year-old grandmother on chemotherapy away for ten years and two years’ probation after that for good measure. This is much more than meanness. It is ideology.
Michael Steven Smith is the co-host of the WBAI radio show Law and Disorder and sits on the Board of the Center for Constitutional Rights.
The Friends of Marcia Powell heard from Lynne Stewart today, in response to a postcard we sent her from the First Amendment / Anti-Arpaio Rally at the Cronkite School of Broadcasting a month or so ago.
As an attorney Lynne represented many political prisoners from our great liberation movements pro bono, in many cases, over the past few decades. That’s the real reason why the federal government wants to kill her, regardless of what party is in power. Hit her site to see why this beautiful, courageous woman is fighting cancer and the Justice Department from behind bars now herself.
If you want to write to a political prisoner and have already done your www.mailart4mumia.org project (mail your art to the White House and DOJ the week of April 24), drop a note of support to Lynne at:
Lynne Stewart (53504-054)
MCC – NY
150 Park Row
New York, New York 10007
You can also do some artwork similar to the campaign for Mumia ( or steal mine and make postcards out of it – I just messed with the color from and ordinary chalked sidewalk). We’ll hit the White House, Justice Department, US Congress members, the Washington Post, and everyone else we can think of with “Free Lynne Stewart”. She’s the one of all the political prisoners who they themselves are probably rooting for the most right now – like Mumia, her life is in danger.