Obama Sentences Lynne Stewart to Death + Honoring Lynne Stewart

Stephen Lendman

Lynne's crime was compassion. She was imprisoned for doing the right thing. She did it honestly, admirably and courageously. She did it defending some of America's most disadvantaged for 30 years. Previous articles explained.

She's dying. She has Stage Four cancer. She was given 12 months to live. She qualifies in all respects for compassionate release. Federal Bureau of Prisons (BOP) authorities denied her. Doing so reflects official Obama administration policy. In Lynne's words, BOP "stonewall(ed) since August." Lynne stressed:

"They know (she's) fully qualified." Over 40,000 supporters "signed on to force (BOP) to do the right thing which is to let (her) go home to (her) family and receive the advanced care in New York City, (her) home. Yet they refuse to act. I must say it is entirely within the range of their politics and their cruelty to hold the political prisoners until we have days to live before releasing us."

Indeed so! Longtime political prisoners Herman Wallace and Marilyn Buck were treated this way. On October 1, Wallace was released. On October 3, he died. He was too ill to be saved. Buck called prisons warehouses to "disappear the unacceptable to deprive their captives of their liberties, their human agency, and to punish (and) stigmatize prisoners through moralistic denunciations and indictment based on bad genes - skin color (ethnicity, or other characteristics) as a crime." Many thousands of prisoners aren't incarcerated because they're criminals, she said. They're locked in cages for their activism and beliefs, she stressed. For advocating peace, not war. For resisting injustice. For defending freedom, equality and other democratic values. For struggling courageously for beneficial change.

On July 15, 2010, BOP authorities released Buck. On August 3, she died. She served 25 years of an 80 year sentence. Her crime was opposing racial injustice and US imperialism. In 2009, she was diagnosed with uterine sarcoma. With proper timely treatment she might have lived. Obama prison authorities wanted her dead. They kept her imprisoned long enough to kill her. They're treating Lynne the same way.

She's one of thousands of wrongfully incarcerated political prisoners. They're confined in US gulag hell. It's by far the world's largest. It's the shame of the nation. It reflects the worst of unconscionable ruthlessness. It's the American way. Around 2.4 million prisoners languish in federal and state facilities, local jails, Indian, juvenile, and military ones, US territories, and separate Immigration and Customs Enforcement (ICE) detention facilities.

Many are imprisoned for supporting right over wrong. The Free Dictionary call political prisoners people "imprisoned for holding or advocating dissenting political views for holding, advocating, expressing, or acting in accord with particular political beliefs."

In the 1960s, Amnesty International (AI) coined the term "prisoner of conscience." It denotes anyone incarcerated for their race, religion, ethnicity, language, sexual orientation, beliefs, or lifestyle.

Incarceration is an instrument of social control. Prisoners are denied all rights. They languish under cruel and inhumane conditions. Some die. Others fade slowly. Many endure punishing years of isolation. Proper medical care is denied. Abuse is commonplace. Perfunctory parole hearings are a travesty of justice.

A November ACLU report is titled "A Living Death: Life Without Parole for Nonviolent Offenses." "Ever wonder what could land you in prison for the rest of your life," asked ACLU? For thousands it was "shoplifting a few cameras from Wal-Mart, stealing a $159 jacket, or serving as a middleman in the sale of $10 of marijuana." Children young as 13 get life sentences without parole for nonviolent crimes, invented ones, or dissenting political beliefs.

"People convicted of their first offense will be permanently denied a second chance. Many young Black and low-income men and women will be locked up until they die. And taxpayers will spend billions to keep them behind bars."

Dissenting advocacy is considered terrorism. ACLU's report focused on extreme sentences for minor property and drug-related crimes. America's criminal injustice system "reached absurd, tragic and costly heights," it said. Locking nonviolent people in cages longterm reflects sentencing them to death slowly. Imprisoning children this way is unconscionable.

So is incarcerating people for their political beliefs and advocacy. ACLU calls life imprisonment without parole (LWOP) "the harshest imaginable punishment." Any hope for freedom is denied. LWOP is "grotesquely" unconscionable. It "offends the principle that all people have the right to be treated with humanity and respect for their inherent dignity." ACLU documented thousands of ruined lives. Families suffer with loved ones behind bars. Wives are separated from husbands, husbands from wives, children from fathers or mothers, extended families from one of their cherished members.

America spends billions of dollars annually keeping people locked in cages. Decades ago, historian Arnold Toynbee said:

"America is today the leader of a world-wide anti-revolutionary movement in the defence of vested interests. She now stands for what Rome stood for: Rome consistently supported the rich against the poor...and since the poor, so far, have always and everywhere been far more numerous than the rich, Rome's policy made for inequality, for injustice, and for the least happiness of the greatest number."

Criminal injustice defines US policy. It's morally and ethically reprehensible. America spends more on prisons than education. In the last two decades, prison spending increased around 570%. Education funding grew only one-third. One year in prison costs more than Harvard's annual tuition. America has 5% of the world's population. It incarcerates 25% of world prisoners.

Many thousands are held for their political beliefs and advocacy. HL Menchen once said:

"The most dangerous man to any government (is someone) who is able to think things out for himself, without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, and intolerable."

Attorney/activist Stan Willis said earlier:

"The United States is very, very concerned when its citizens begin to raise (uncomfortable) questions. [America] prefers to posture itself, including the Obama administration, as the leader of the free world and that they don't have any human rights violations, and they certainly don't have any political prisoners, and we have to dispel that notion in the international community."

US officials want this issue hidden from public view. It preaches democracy at home and abroad. It practices injustice writ large. It locks thousands in cages unconscionably. It does so for political reasons. It sentences them to slow death. It violates constitutional law doing so. The Eighth Amendment prohibits "cruel and unusual punishments."

The First Amendment guarantees free speech. Democratic principles include equal justice under law. In Griffin v. Illinois (1956), the Supreme Court said "there can be no equal justice where the kind of trial a man gets depends on the amount of money he has." Nor when core constitutional rights are denied.

Everyone is entitled to constitutional protections. Too few get it. Thousands are denied it for their political beliefs and advocacy. They're imprisoned for doing the right thing. Judicial unfairness is US official policy. Guilty by accusation is standard practice. Constitutional scholar Thomas Emerson (1908 - 1981) once said:

The FBI is an instrument of repression. It jeopardizes the whole system of free expression which is the cornerstone of our society (raising) the specter of a police state. In essence, the FBI conceives of itself as an instrument to prevent radical social change in America. The Bureau's view of its function leads it beyond data collection into political warfare."

It protects privilege from beneficial social, political and economic change. Criminal injustice in America denies fundamental constitutional rights. Society's most vulnerable are harmed most. So is anyone for dissenting political views and advocacy.

Howard Zinn called dissent "the highest form of patriotism.

(It) means being true to the principles for which your country is supposed to stand. (T)he right to dissent is one of those principles. And if we're exercising that right, (it's) patriotic. One of the greatest mistakes (about) patriotism (is thinking it) means support(ing) your government" right or wrong. (W)hen governments become destructive (of life, liberty and equality), it is the right of the people to alter or abolish" it.

Michael Tigar is Washington College of Law Professor Emeritus. He's a constitutional law expert. He's one of America's most respected defense attorneys. He's written extensively on litigation, trial practice, criminal law, capital punishment, and the role of criminal defense attorneys. He represented Lynne. He did so at the district court level. He called it a "great honor" to do it. He represented her struggle for freedom and justice. "The entire legal profession ought to be standing up and shouting about (her) case," he said. He called charges against her "an attack on the First Amendment right of free speech, free press and petition." Lynne was targeted for "speaking and helping others to speak." Doing so was fundamentally unconstitutional. So-called evidence against her "was gathered by wholesale invasion of private conversations, private attorney-client meetings, and private faxes, letters and emails. I have never seen such an abusive use of government power," said Tigar.

Convicting Lynne was chilling. It warned other defense attorneys. It intimidated them. Representing clients prosecutors want convicted is dangerous. Doing so leaves them vulnerable going forward. US police state laws are menacing. Anyone can be targeted for supporting right over wrong. America is unfit to live in. Thousands of political prisoners reflect its harshness. Justice is a four-letter word. It's systematically denied.

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Honoring Lynne Stewart
By Stephen Lendman

Just societies erect statues to do so. They bestow tributes. America persecutes its best. Lynne is a longtime human rights champion. She deserves high praise, not punishment. She remains unjustifiably imprisoned. She's there for her powerful advocacy. She devoted her professional life to defending society's most disadvantaged. She did it because it matters.

She's dying. She has Stage Four cancer. Prison authorities denied her request for compassionate release. Duplicitous reasons were given. A second request was submitted. No action so far was taken. Obama wants her dead. A stroke of his pen could release her straightaway. Compassion isn't his long suit. Nor is justice.

On November 13, Rutgers School of Law honored Lynne. She received the Arthur Kinoy Award. Imprisonment kept her from accepting it in person. More on the giant of a man it represents below.

Lynne commented on her Rutgers Law School days. She "showed up in September 1971." It was weeks before her 32nd birthday. She "embarked on (her) legal career" later than most other students. At the time, she was a New York City librarian. In the 1960s, she and like-minded activists lost educational bureaucratic battles. She decided to wage them and others legally. She attend Rutgers School of Law. She showed up "all but broke," she said. She got what her grandchildren call a "free ride." Admissions liked her "militant background."

Orientation day featured Arthur Kinoy. His voice wasn't memorable, said Lynne. But "(o)h! his words" were powerful "so long ago." Lynne called him a "Civil, Human Rights warrior and Innovator and Creative Force of the Law." More on him below.

She "came home that day with (her) heart and mind full of dreams - all inspired by Arthur." He lit the flame. It flourishes in Lynne to this day. She's undaunted. She's totally committed for justice.

Shortly after her unjustifiable 2002 arrest, Kinoy spoke at Yeshiva University's Cardozo School of Law. It's named after Supreme Court Justice Benjamin Cardozo (1870 - 1938). In 1932, he succeeded Oliver Wendell Holmes. At the time, The New York Times said "seldom, if ever, in the history of the Court has an appointment been so universally commended." Democrat Senator Clarence Dill called Hoover's appointment "the finest act of his career as president." He was considered one of the Court's "Three Musketeers." The others were Louis Brandeis and Harlan Stone. They represented the Court's liberal wing.

Kinoy's 2002 address, said Lynne, "reminded us all that cases like (hers) are won not only in the courts but on the streets." "Still true today," she added. "(E)specially for her." Kinoy honored her. He did so by calling her a "People's Lawyer." It was his "highest praise," said Lynne. Coming from him it mattered.

Lynne said she wasn't a great student or scholar. She got "mediocre grades except (in) classes (she) loved, Kinoy, Slocum, Smith." She graduated, passed the bar, failed the first time, tried again, succeeded, "and the rest is history," she said. Her trial lawyer career fulfilled (her) great desire for joinder against the State on behalf of the downtrodden, oppressed - and (she) loved it." She "still can't pass those courthouses (where she) worked for 30 years with a dry eye."

She yearns for freedom. It remains elusive. She doesn't want to die in prison. She wants to go home. She deserves proper medical treatment prison authorities deny her. She wants "to dedicate (herself) to the next phase of (her) life." She wants to continue her fight for justice. She has lots on her mind to do. She wants all political prisoners released. She wants to be part of "the cause of women in prison and the inequities they and their children face." "Mostly" she wants to "be able to speak to new would-be lawyers" beginning their careers. She wants to "rouse their hearts and souls" to pursue justice.

She wants to inspire them the way Kinoy inspired her. He was small physically. He was a giant of a man. He was a human and civil rights champion. He was born on September 20, 1920. On September 19, 2003, he died. It was one day short of his 83rd birthday. In 1966, he co-founded the Center for Constitutional Rights (CCR). It's "dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights." It's "committed to the creative use of law as a positive force for social change." It uses litigation proactively. It does so "to empower poor communities and communities of color, to guarantee the rights of those with the fewest protections and least access to legal resources."

It's involved in training the next generation of constitutional and human rights lawyers. It prioritizes justice. It does so for those most often denied it. It's in the forefront "defending progressive movements for social change and devising new strategies to ensure that fundamental rights are (assured for) the many and not just the few."

Kinoy was a dedicated human and civil rights defender. He was an active National Lawyers Guild (NLG) member throughout most of his adult life. He twice served as national vice president." He litigated numerous groundbreaking cases. In the 1950s, he challenged unjustifiable red-baiting. He and others founded Columbia Law School's first NLG student chapter. It was progressive. It was responsibly left wing. It opposed Cold War loyalty oaths. It resisted congressional witch-hunt investigations.

In 1950, the House Committee on Un-American Activities (HUAC) called NLG the "legal bulwark of the Communist Party." Kinoy fought legal and political battles with Joe McCarthy. He called him one of America's "most vicious, brutal public figures this country ever experienced." He maliciously called people communists. He did so to advance his career. He did enormous damage to fundamental freedoms. He represented fascism. Kinoy cited Huey Long once saying when it arrives, it'll be wrapped in the American flag. McCarthy represented the worst of US governance in his day. Kinoy challenged him and other extremists. He did what few others dared try. He was legal counsel for the communist-labeled United Electrical, Radio and Machine Workers of America. His 11th hour appeal on behalf of Ethel and Julius Rosenberg failed. On June 19, 1953, they were executed. They died at New York's Sing Sing Prison. They were victims of Cold War hysteria. Others unjustifiably saw good careers ruined. America has a long history of injustice. Kinoy courageously battled to change things. He vigorously defended anti-war students and other activists subpoenaed to testify before the House Un-American Activities Committee (HUAC).

In August 1966, chairman Edwin Willis challenged Kinoy's vigorous argument. He did so lawlessly. He ordered three federal marshal to forcibly remove him.

A notable New York Times front page photo helped turn public opinion against witch-hunt proceedings. An accompanying report headlined "Lawyer Ejected by House Inquiry; Seven Walk Out." The Times described a "riotous session." It called Kinoy "a small but scrappy man." He was charged with disorderly conduct. It was for doing his job responsibly.

The ACLU head and six other lawyers protested what happened. They refused to participate in an "atmosphere of terror and intimidation."

Kinoy supported Southern civil rights activists. He helped found the Mississippi legal office. It was involved in the 1964 Freedom Summer campaign. Perhaps his most famous case followed the 1968 Democrat National Convention. He, William Kunstler and Leonard Weinglass represented the Chicago Seven.

Chicago police are notoriously vicious. They confronted anti-war activists violently. They acted without restraint. During George McGovern's nominating speech, Senator Abe Ribicoff interrupted him. He denounced what he called "Gestapo tactics on the streets of Chicago." Chicago Seven defendants were unjustifiably charged with crossing state lines to incite a riot, conspiracy, and other alleged crimes. They included David Dellinger, Rennie Davis, Tom Hayden, Abbie Hoffman, Jerry Rubin and Bobby Seale. Sixteen unindicted co-conspirators were named. A tumultuous trial followed. All seven defendants and attorneys were cited multiple times for contempt.

On February 18, 1970, all defendants were exonerated on conspiracy charges. Two were completely acquitted. The others were convicted of crossing state lines with intent to incite a riot.

On November 21, 1972, the US Court of Appeals for the Seventh Circuit reversed all convictions. It did so because Judge Julius Hoffman refused to let defense attorneys screen prospective jurors for potential cultural and racial bias. Justice Department prosecutors dropped the case. They decided not to retry it. A different judge heard contempt charges. He found Dellinger, Rubin, Hoffman and Kunstler guilty on some counts. He chose not to pronounce sentences or fines.

From 1964 to 1992, Kinoy taught at Rutgers School of Law - Newark. At the same time, he successfully argued several cases before the US Supreme Court. Dombrowski v. Pfister (1965) was notable. Dr. James Dombrowski challenged Louisiana's governor. He claimed members of his Southern Conference Educational Fund were harassed and arrested without intent to prosecute. They supported oppressed Southern Blacks denied civil rights. A three-judge federal district court dismissed his case. It claimed he failed to show evidence of irreparable damage.

It cited the abstention doctrine. It pertains to refusing to hear cases potentially intruding on the powers of another court. It dismissed Dombrowski out of hand. It refused to rule on what it called constitutional questions. Kinoy appealed directly to the Supreme Court. He did so under then-operational procedures. The High Court overturned the lower ruling. It did so for its "chilling effect" on First Amendment Rights.

Earl Warren was chief justice. He ruled with the majority. He was joined by William Brennan, William Douglas, Byron White and Arthur Goldberg. Hugo Black and Potter Stewart abstained from ruling.

Besides activism, teaching, and notable litigation, Kinoy wrote important articles. They impacted legal thought and education. His article 1969 titled "The Present Crisis in American Legal Education" influenced the growth of clinical legal education nationwide. In 1970, he, Professor Frank Askin, and then Professor Ruth Bader Ginsburg helped establish an extensive clinical program. Kinoy called its mission an initiative to produce "a new breed of lawyers characterized by their compassion, competence and commitment to the cause of equal justice and positive social change."

He inspired Lynne Stewart. She loved his classes. She called him "my hero." Many others felt the same way. He's sorely missed.
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Stephen Lendman lives in Chicago. He has devoted his time and efforts to progressive causes and organizations, all involved in working for a more humane and just world for all people everywhere, but especially for the most needy, disadvantaged and oppressed. His efforts since summer 2005 have included writing on a broad range of vital topics ranging from war and peace; social, economic and political equity for all; and justice for all the oppressed peoples of the world like the long-suffering people of Haiti and the Palestinians. He also co-hosts The Global Research News Hour, gives occasional public talks, and appears frequently on radio and at times television. He is a Research Associate of the Centre for Research on Globalization. Also visit his blog and listen to The Lendman News Hour on RepublicBroadcasting.org Monday - Friday at 10AM US Central time for cutting-edge discussions with distinguished guests on world and national issues. All programs are archived for easy listening. His new book "How Wall Street Fleeces America: Privatized Banking, Government Collusion and Class War" can be ordered HERE. He can be reached at lendmanstephen@sbcglobal.net.
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Photo: Justice For Lynne Stewart. Video
URL: http://www.a-w-i-p.com/index.php/2013/12/13/honoring-lynne-stewart