Monday, April 4, 2011

11-04-04 Lynne Stewart's Appeal Brief // Abogado de derechos civiles en la cárcel // 民权律师在监狱

Lynne Stewart's Appeal Brief

By Stephen Lendman
4-4-11

Numerous previous articles discussed her case, character, honor, and dedication to justice as the law demands, what it didn't afford her. Two of them covered her imprisonment and re-sentencing, accessed through the following links:
http://sjlendman.blogspot.com/2009/11/lynne-stewart-heroic-human-rights.html

http://sjlendman.blogspot.com/2010/07/darkness-in-america-lynne-stewarts.html

A brief timeline of her case was as follows:

-- indicted on April 9, 2002;

-- on February 10, 2005, convicted on all counts;

-- on October, 17, 2006, sentenced to 28 months;

-- on November 17, 2009, a US Court of Appeals for the Second Circuit three-judge panel upheld the conviction, shamelessly accusing Lynne of "knowingly and willfully making false statements," re-directing her case to District Court Judge John Koeltl for re-sentencing, instructing him to consider enhancements for terrorism, perjury, and abuse of her position as a lawyer - an outrageous mandate intimidating Koeltl to comply.

-- on November 19, 2009, Stewart jailed at MCC-NY, 150 Park Row, New York, NY; and

-- on July 15, 2010, Stewart re-sentenced to 10 years imprisonment for doing her job honorably, ethically, and admirably with distinction for 30 years.

Disgracefully, Judge Koeltl explained it, saying:

"(C)omments by Stewart in 2006, including a statement in a television interview that she would do 'it' again and would not 'do anything differently' influenced (the) decision....indicat(ing) the original sentence 'was not sufficient' to reflect the goals of sentencing guidelines."

Forgotten were his October 2006 comments, calling Lynne's character "extraordinary," saying she was "a credit to her profession," and that a long imprisonment would be "an unreasonable result," citing "the somewhat atypical nature of her case (and) lack of evidence that any victim was harmed...."

He also considered her age (70), health (at times poor), distinguished career representing society's disadvantaged and unwanted, and the unlikelihood she'd commit another "crime." However, the Second Circuit Appeals Court intimidated him to comply, his own career perhaps on the line otherwise.

Initially jailed in New York, supporters can now reach her at:

Lynne Stewart

53504-054

FMC Carswell

Federal Medical Center

PO Box 27137

Fort Worth, TX 76127

Her full appeal brief can be accessed through the following link:

http://lynnestewart.org/wp-content/uploads/2011/04/LS-Appellants-brief-FILED-033011.pdf

Her web site - www.lynnestewart.org - summarizes it as follows:

It was filed with the Second Circuit Appeals Court. "The same panel (Judges Walker, Calabrese and Simon) will" re-hear her case this fall. If unsuccessful, a Supreme Court appeal may follow.

Brief highlights include:

-- enhancing her original 28 month sentence based on public statements she made violated her First Amendment rights, the most important ones without which all others are jeopardized;

-- increasing her sentence fourfold constitutes cruel and unusual punishment, violating Eight Amendment protection against it; moreover, it "failed to balance her lifetime" commitment to community, the nation, and society's poor, underprivileged, and unwanted, never afforded justice without an advocate like her; and

-- erroneously charging perjury and misuse of her position to enhance her sentence.

Lynne asked for a reversal and remand. She's represented by New York-based lawyers:

-- Jill Shellow;

-- Robert Boyle; and

-- Herald Price Fahringer.

In addition, many other lawyers and supporters helped prepare her appeal, including husband and spokesperson, Ralph Poynter, available at 917-853-9759.

Lynne calls her case "bigger than just me personally," saying she'll keep fighting for justice. Her inspiring comment to others is:

"Organize - Agitate, Agitate, Agitate!" And write her at the above address, as well as others wrongfully imprisoned in America's gulag.

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/

11-04-04 Guantanamo Trial for Khalid Mohammed // Prueba de Guantánamo de Khalid Mohammed // 哈立德穆罕默德的审判关塔那摩

Khalid Sheikh Mohammed faces Guantanamo trial for 9/11

Khalid Sheikh Mohammed (centre) had a pre-trial hearing at Guantanamo in December 2008

Khalid Sheikh Mohammed, the alleged mastermind of the 9/11 attacks, and four alleged co-conspirators will be tried in a military commission at Guantanamo Bay, not a civilian court.

"We simply cannot allow a trial to be delayed any longer," Attorney General Eric Holder said, in a sharp U-turn.

The Obama administration abandoned plans to try Khalid Sheikh Mohammed in a US court, amid fierce opposition.

President Obama recently lifted a freeze on new military terror trials.

He accused the US Congress of harming national security by opposing his plan to close the controversial Cuban prison and try some terror suspects in US civilian courts.

Death penalty

Mr Holder vigorously defended his earlier decision to use US federal courts to try the accused men during a news conference announcing the reversal on Monday.

He said that the US prison system had successfully held hundreds of convicted terrorists, and that the Obama administration would continue to prosecute terror cases in US courts.

Mr Holder blamed Congress for the high profile policy reversal, saying his hands "were tied" by "unwise and narrow" restrictions they had placed on the administration.

But, he said, the Justice Department had been prepared to "bring a powerful case" against Mohammed and his four co-conspirators.

Mr Holder noted though that the death penalty could be still sought in the case.

'Waterboarding'

Khalid Sheikh Mohammed has been held by the US since being captured in Pakistan in 2003.

In a 2007 hearing, he alleged that he had been tortured at Guantanamo Bay. CIA documents confirmed that he had been subjected to the waterboard technique 183 times.

US prosecutors say that Mohammed has confessed to a host of terrorist activities in addition to 9/11.

These include the 2002 nightclub bombing in Bali, Indonesia, the 1993 World Trade Center bombing, the murder of American journalist Daniel Pearl and a failed 2001 attempt to blow up an airliner using a shoe bomb.

The four other suspected terrorists to face military trials at Guantanamo Bay are Walid bin Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali and Mustafa Ahmed al Hawsawi.

'War criminal'

When he came into office in 2009, President Obama promised to close Guantanamo Bay within a year. Several months later, his attorney general, Eric Holder, announced that Khalid Sheikh Mohammed would be tried in a civilian court in New York.

But, says the BBC's Paul Adams, in Washington, in the teeth of widespread opposition, the administration's plans have gradually been shelved.

Guantanamo is still open and military trials are set to resume there.

Asked about the change of strategy on Monday, the White House spokesman Jay Carney said only that the president's primary concern was that the alleged 9/11 perpetrators be brought to justice as swiftly and fairly as possible.

Congressional opposition to the president's plans, he said, had proved very difficult to overcome.

Following news of the announcement, House Judiciary Committee Chairman Lamar Smith, of Texas, was quoted by AFP as saying: "It's unfortunate that it took the Obama administration more than two years to figure out what the majority of Americans already know: that 9/11 conspirator Khalid Sheikh Mohammed is not a common criminal, he's a war criminal."

Senators John McCain and Joe Lieberman released a joint statement acknowledging that the reversal had been difficult for the Obama administration but "it is the right decision and we strongly commend the President and the attorney general for reaching this decision".