by Iyanna “Nana Soul” JonesCrusading “movement” lawyer Lynn Stewart is ordered to begin serving a prison sentence. “To put her behind bars when no one was injured, no one was harmed, when those who produced the torture memos, those who produced the war are going free and even prospering is really the irony of our time.”
The Mis-Incarceration of Lynne Stewart
by Iyana “Nana Soul” Jones
“The war on terrorists includes the war on lawyers who defend those who are accused.”
On Thursday, November 19, long time civil rights attorney Lynne Stewart was ordered by Judge John G. Koeltl to turn herself in to begin serving a 28-month prison sentence for her 2006 conviction for conspiracy and providing material support to terrorists. Amidst a backdrop of chants of “Free Lynne Stewart!” and “We love you Lynne!, and swarmed by supporters, friends and family members, Stewart issued a statement outside the US District Court at 500 Pearl Street, in Manhattan, before being taken into custody.
On November 18, Judge Koeltl, who presided over Stewart’s case, revoked her bail and ordered her to surrender forthwith, but stayed the order until 5:00pm allowing Stewart’s attorneys to file an application for a stay. The application was denied. Upon hearing the news Stewart replied, “Okay, we’re going to prison folks! I want to remind you all that today was the day that Joe Hill was executed. And you know what he said? Don’t mourn me, organize!”
A union organizer and activist executed before a firing squad for the alleged murders of two men, it is reported that Hill’s trial was fraught with inconsistencies and miscarriages of justice, paralleling the case of modern day political prisoner and death row inmate Mumia Abu Jamal, whom Stewart also supports.
“Lynne Stewart will always be free no matter how much you imprison her.”
In attendance at the rally were roughly three hundred protestors from a variety of organizations including The Troops Out Now Coalition, WBAI, Artists and Activists United for Peace and the Bail Out the People Movement. The sendoff was also attended by City Councilman and long time supporter of Lynne Stewart Charles Barron.
“Lynne Stewart would never do anything that would lead to the harm of any human being on this planet,” said Barron. “Lynne Stewart will always be free no matter how much you imprison her because you can jail a revolutionary but you can’t jail the revolution.”
Also in attendance was attorney Leonard Weinglass, who said “The Lynne Stewart case is the case that’s going to mark this era as the era of the war on terrorists, which includes the war on lawyers who defend those who are accused of terrorism. To put her behind bars when no one was injured, no one was harmed, when those who produced the torture memos, those who produced the war are going free and even prospering is really the irony of our time.”
While the demonstration resonated with a contagious fighting spirit a few tears mingled with the farewells. Stewart’s soul mate of several decades, Ralph Poynter who is also co-founder of the New Abolitionist Movement, kept a positive outlook for those who turned out to say goodbye to the radical “People’s Attorney.”. Says Poynter, “It’s a sad moment for me and a sad moment for the Black community and the poor and for anyone who needed representation by a lawyer and could not afford it. We are all hurting but we will continue to struggle until Lynne is back to carry that struggle for us.”
“She will be the voice of the voiceless while she’s in there.”
Many see Stewart’s incarceration as a boon, particularly for those who are behind bars without adequate legal representation. And though she was disbarred upon her indictment, Stewart will undoubtedly play the role of jailhouse lawyer, acting as a mentor and advocate to those on the inside for whom justice is hard won if at all.
Pam Africa, Minister of Confrontation for MOVE and co chair of International Concerned Family and Friends For Mumia Abu Jamal, both headquartered in Philadelphia, was optimistic. “These people made a huge mistake but it’s a plus for the movement. She will be the voice of the voiceless while she’s in there.”
Others are angry that Stewart, a grandmother, is serving any time at all, due to her recent 70th birthday, her battle with breast cancer and her partner Ralph’s battle with skin cancer. With the upcoming holiday season, it would seem that the decision is somewhat vindictive.
Stewart believes her case is a trumped up maneuver to warn attorneys with a penchant for social justice away from taking on the government. Says Stewart, “I believe the larger implications are that this is a warning shot for other lawyers. Don’t advocate for your clients in a vigorous, strong way or you will end up like she did. Disbarred and in jail.”
“This is a warning shot for other lawyers. Don’t advocate for your clients in a vigorous, strong way.”
But there is little fear that the plan will work. In fact, the consensus is that it will achieve the opposite effect: inspiring more lawyers to stand up to a fundamentally flawed legal system, fight against racism and classicism, partner with grassroots community based organizations, hold the justice system up to the standards it professes to adhere to and most importantly, follow in the footsteps of Lynne Stewart.
For many, this is not a goodbye. Rather, it is a new beginning in a continuous struggle for justice against oppression and as has been the case for decades, Lynne is at the helm, rendering the bars that seek to contain her voice and influence invisible.
Before she went into the courthouse someone asked whether she had the medicine she needed for her cancer treatment. Lynne replied, “I have the love of you good people and your strength and support. It will be all the medicine I need.”
For more information on Lynne Stewart visit lynnestewart.org. Iyanna Jones can be reached at iyannajones@blackwaxx.com
BAR contributing editor Ann Garrison continues her reporting from Ethiopia.
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