The railroad trial of Lynne Stewart

By Jeff Mackler

The atmosphere during the first day of jury selection, May 19, in the frame-up “terrorist” trial of New York progressive attorney Lynne Stewart was so charged that the presiding judge, John G. Koeltl, felt compelled to take special measures, supposedly designed to protect the integrity of the trial proceedings.

Koeltl continually reminded prospective jurors that Stewart’s trial on changes of aiding and abetting terrorism had nothing to do with the public hearings a few blocks away that were being conducted by the “independent” federal commission investigating the Sept. 11 terror bombing of the World Trade Center.

Stewart, along with co-defendants and co-workers Ahmed Abdel Sattar and Mohammed Yousry, is accused of helping her 1995 client, Sheik Omar Abdel Rahman, communicate with his Egyptian-based organization, the Islamic Group.

The communication took the form of Stewart’s publicly releasing a harmless press statement from her client that was subsequently published, after being checked for accuracy, by the British press agency Reuters.

Stewart is also accused of violating government-imposed restrictions on her professional relations with her client. Sheik Abdel Rahman was convicted on 1995 conspiracy charges of involvement in a plot to bomb New York public buildings.

Citing possible “risks” to jurors, Judge Koeltl, in a move that can only grossly prejudice selected jurors against Stewart, agreed to a prosecution request that all jurors’ names remain anonymous. In consequence, each selected juror will be provided with a personal police escort to and from the trial chambers on a daily basis.

Trial proceedings are scheduled for the same Foley Square federal courtroom where Julius and Ethel Rosenberg were framed up and convicted (and then executed) on conspiracy charges 51 years ago.

Federal prosecutors have stated their intentions to introduce as “evidence” against Stewart and her co-defendants 85,000 recordings of telephone calls and fax transmissions intercepted by government agents while Stewart was conducting her work as Sheik Rahman’s attorney. In addition, the government states that it will include as “evidence” some 10,000 illegally intercepted e-mail messages and three audio and video recordings of Stewart’s prison visits to her client while he was incarcerated in a Minnesota prison. Stewart’s attorney, Michael Tigar, has challenged the government’s wiretaps and other surveillance activities against Stewart as a fundamental violation of the attorney-client privilege.

Judge Koeltl, who had previously dismissed similar “terrorism” and “conspiracy” charges against Stewart as “constitutionally vague,” decided a few months ago to allow equally vague charges to be resubmitted by government prosecutors. Koeltl now states that he will leave open the question as to whether the attorney-client privilege remains in place when a defendant is in jail.

Prospective juror number 12, according to the May 20 New York Times, told Judge Koeltl,, “I’m not prejudiced, but after 9/11 I would say that I’m afraid of terrorism.” The juror was selected to be among the initial pool of 100 from which a panel of 12 will be selected, plus an additional six who will serve as alternates.

Koeltl opened the door wide to pre-prejudicing the jury by allowing the government’s indictment of Stewart to include scores of pages of “evidence” of “terrorist” acts by the Islamic Group, without providing even a shred of evidence that Stewart or any of the other defendants had any connection to these alleged activities.

Stewart is a life-long social and political activist who has served as legal counsel for many victims of government persecution. Her original indictment was first announced by U.S. Attorney General John Ashcroft on the late-night television “David Letterman Show.” Letterman refused Stewart’s request to appear on his show after the initial charges against her had been thrown out by Judge Koeltl.

After the jury selection process is completed, Stewart’s trial is scheduled to open on July 21 and last over six months. Stewart’s defense committee is urging supporters to be present in the courtroom to observe the proceedings.

If convicted Stewart, 64, faces up to 40 years in prison.

Contributions can be sent to the Lynne Stewart Defense Committee, 351 Broadway, 3rd Floor, New York, NY 10013. Tel.: (212) 625-9696. Email: [email protected]. Website: www. lynnestewart.org.

This article first appeared in the June 2004 issue of Socialist Action newspaper.