Sentencing the Sixth Amendment (to 28 months)

There really are very few words to express my deepest sympathy for Lynne Stewart, stalwart civil rights defender and protector of the dispossessed as she faces sentencing today. Used as an example to other attorneys to stay clear of assisting those charged with terror crimes. Largely because of the farcical nature of the trumped up charged against these accused, vigorous defense would prove deadly to the facade of an effective "War on Terror." Even the Washington Post addressed a few of the many flimsies. I mean how else, other than vigorous defense, can you prosecute people under terrorism laws for playing paintball? Or isn't good defense an effective shield to blow holes against prosecutorial misconduct? Or would effective defense expose how seven black people involved in a Christian cult were entrapped as Muslim terrorists, part of Al Queda? What about the "cell phone" terrorism bust in Texas? Or was that in Ohio?

Yes, if you watch the part three of the Power of Nightmares, you'd learn just how much fraudulence and falsehood there is with this "War on Terror."


And this explains why the government is so keen on destroying a lifelong defender of the accused such as Lynne Steward, who was able to get two mistrails and an acquittal of Larry Davis, infamous Bronx legend, who shot 5 police officers in New York City after they came to assassinate him after he threatened to expose their ties to narcotics dealing.

And yes, good lawyering is even threatening the prosecution of the infamous Dirty Bomber, Jose Padilla.

This government's distain for the criminal justice system and its desire to ascertain truth has motivated the passage of the repressive Military Commissions Act of 2006.

This government overreaching has lead to the rewriting of basic fundamental pillars of our criminal justice system, as explained by the New York Times.

And Lynne Stewart is being hung out as an example of attorneys who challenge power.

Each of us needs to recognize that this is an assault of EACH of our freedoms, our right to counsel, and our right to have us defended against fraudulent government overreaching. We each need to stand beside her as she awaits sentencing, with the words of Martin Niemöller in our ears:

When the Nazis came for the communists,
I remained silent;
I was not a communist.

When they locked up the social democrats,
I remained silent;
I was not a social democrat.

When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.

When they came for me,
there was no one left to speak out.

They have come for Lynne. What will you do? What will you say?

Postscript: The 28 month sentence, though lenient, represents a "splitting the baby" type position taken by Judge Koeltl. A sentence that is not as Draconian as that suggested by the prosecution, but still onerous given the actual "crime" Lynne has "committed." This, like the passage of the Military Commissions Act of 2006, is just another sad day for justice as the US legal system dismantles itself as a bulwark against fascism, government overreaching and abuses of power. Though the judge must be commented for having departed from the sentencing guidelines, and for recognizing Lynne's career of public service. But as someone who has spent time representing death row inmates, I am still outraged, and ashamed, and must say: "There go I, but for the grace of God." (in as heartfelt a manner as can be said by an atheist).