Lynne F. Stewart, the former defense lawyer convicted of assisting terrorism, reportedly has been released from prison so that she can live out the final months of her life with her family. She is dying of cancer is believed to have less than 18 months to live.
As someone who has handled terrorism cases as defense counsel and worked under the often abusive limitations placed by the Justice Department on counsel, I was concerned over the prosecution of Stewart and felt that she received a very heavy sentence of 10 years for passing along messages between Sheikh Omar Abdel Rahman, the blind Egyptian cleric who was convicted in 1995 of conspiring to blow up landmarks in New York City, and his supporters.
Special Administrative Measures (SAMs) can be used to harass prisoners and inhibit defense efforts. Nevertheless, Stewart clearly did violate those provisions. Stewart was implicated with interpreter Mohamed Yousry, an adjunct professor in Middle East studies at York College CUNY, and postal clerk Ahmed Sattar. She was was accused of passing along Rahman’s blessing for a resumption of terrorist operations to al-Gama’a al-Islamiyya members in Egypt after they inquired whether they should continue to honor a ceasefire agreement with the Egyptian government. The indictment detailed knowing efforts to trick the guards including an alleged statement by Stewart that she should get an award for acting. Notably, a material support charge was dismissed in 2003 but the Justice Department continued to press for a conviction and recharged her (and secured a conviction for) obstruction of justice and conspiracy to provide material support to terrorism. It is clear that she lost her objectivity in her relationship with the defendant and violated the SAMs. The question was the need for a ten year sentence, particularly after her defense raised questions regarding the translation of the key communication.
I was also surprised by the initial denial of a compassionate release by Judge John G. Koeltl of United States District Court in August. Stewart gave the court a 12-page handwritten letter to the judge saying that she did not want to die in prison, “a strange and loveless place. I want to be where all is familiar — in a word, home.” Koeltl turned her down.
It was clearly a valid and compelling motion but Koeltl insisted that he would do nothing unless the Bureau of Prisons made the motion. Why? The case seemed to be another example of how judges invest these agencies, particularly the Justice Department, with unilateral control on such questions. Medical reports showed Stewart’s cancer had spread to her lungs, lymph system and bones.
Finally, the BOP made such a motion given the medical record showing that Stewart has a life expectancy of less than 18 months.
I had some interaction with Stewart in an earlier criminal case in New York. She was known as someone who felt strongly about the rights of the accused, though she also had a bit of a reckless reputation. However, she committed her life to fighting for the rights of the accused. She deserves to be home with her family in these final months.
Nick, Odd. I have heard the exact same story about passive income and subsidies. Gee, we’re only two days into ACA implementation. Doesn’t that smell kinda funny?
They have to have some income in order to eat, travel, pay that 2K for insurance. They may be taxed at 15% but they still have income.
I have passive income. The IRS gets 1099s on all of it.
I hope she lives a lot longer than 18 months.
ap,
Valuable link … thanks
http://www.democracynow.org/2014/1/2/exclusive_dying_lawyer_lynne_stewarts_jubilant
AMY GOODMAN: Do you have a message for lawyers in the country today?
LYNNE STEWART: Do better. Do better. Do better than you’ve been doing, because, let me tell you, I talked to an awful lot of women in that place, and it’s—the lawyering is not at a high level, I’m sorry to say.
—————-
Lynne has at least three children, two of whom are lawyers. One of her two daughters is a physician and is helping to coordinate Lynne’s medical care at Sloan-Kettering, as I understand it.
AP, I didn’t think of Medicare either, lol. Thank goodness for our social safety nets.
“If not, surely she is signing up as we speak. With no income, she should get a very healthy subsidy from the taxpayer.” -davidm2575
Lynne Stewart is in her seventies. Ever hear of Medicare?
Anonymously Posted wrote: “Lynne Stewart is in her seventies. Ever hear of Medicare?”
I did not realize she was that old. Did she wait until retirement age to become a terrorist or was she involved for a long time and only got caught late in life?
Reblogged this on Brittius.com.
nick:
they certainly might have overlooked passive income in their regulation. Although I think it would be something they would fix once the word got out. Many trust fund babies vote the democratic ticket.
David, Here is an inequity I learned over dinner on NY Eve. A couple we are friend’s w/ have a family they know who inherited a huge business, sold it, and live off of unearned income. The couple are in their 50’s. My friend said “Their kids are high school and college age and they are always travelling w/ and w/o the kids. This wealthy couple had been paying 2k a month for health insurance. This couple claim, they have checked into Obamacare and can be subsidized since virtually all their income is unearned. Now, I absolutely trust the guy who told me this. However, I know nothing of the guy making the claim. Have you heard anything like this? It would way too precious if true.
Nick Spinelli wrote: “I know nothing of the guy making the claim. Have you heard anything like this? It would way too precious if true.”
Most government entitlements focus on earned income for the year. If the guy has been living off a business sale from long ago, yeah, it is very possible he can qualify for a big subsidy. All the calculators I have looked at for the ACA never even ask about resources available. When it was first passed, they didn’t even do income verification. It was only during the last government shutdown that the Democrats threw the Republicans a bone and added income verification to the ACA. That detail did not get much news coverage, did it.
I know people with thousands of dollars in the bank who get a food subsidy every month. From the SNAP web page quoted below, you can see that most forms of retirement pensions do not have to be reported as income. Same thing with a nice home. A person can retire on a multi-million dollar home on 5,000 acres of land with a healthy retirement pension and still collect food stamps.
“Households may have $2,000 in countable resources, such as a bank account, or $3250 in countable resources if at least one person is age 60 or older, or is disabled. However, certain resources are NOT counted, such as a home and lot, the resources of people who receive Supplemental Security Income (SSI), the resources of people who receive Temporary Assistance for Needy Families (TANF, formerly AFDC), and most retirement (pension) plans.”
Even those who one disagrees with and dislikes deserve health care, I hope she finds a good plan. Good thing she can’t be denied due to preexisting condition.
So glad Lynn has been released.
I found it particularly disturbing that the feds were listening in on attorney-client conversations.
Wonder if she has Obama care?
Bruce wrote: “Wonder if she has Obama care?”
If not, surely she is signing up as we speak. With no income, she should get a very healthy subsidy from the taxpayer.
The Federal Bureau of Prisons is the best prison system in this country. They do have compassion. Whether that was the motivation, I haven’t a clue. However, if a govt. agency makes a decision to save money for people who pay exorbitant taxes, then they’re showing compassion for LAW ABIDING TAXPAYERS. That’s also “a good thing” as Martha Stewart likes to say. Win/win.
Raff,
There was a former AG in DC that got sent up and disbarred because she talked with a “known Terrorist”….. Aiding and assisting…. Alls she did was one meet….
I can’t confirm or deny the Bureau of Prisons felt compassion was needed. But I would bet saving money spent on her health care was a motivating factor.
Good news for her and her family. I am upset with the continued actions by the us of these “SAM’s”. Any defense counsel could be trapped by these abusive restrictions.
No David…. There’s no compassion…. Here they don’t want the bad media or burial expense as well as millions in medical bills…..
AY wrote: “There’s no compassion…. Here they don’t want the bad media or burial expense as well as millions in medical bills…..”
You are probably right. I didn’t think about that.
Glad to hear it, showing this elderly ill woman some mercy is the decent thing to do.
It is encouraging to see some compassion in our prison system.
Lynne was released yesterday, and is home with her husband, Ralph, in Brooklyn.