home

Judge Dismisses Terrorism Charges Against Lawyer Lynne Stewart

A federal judge has dismissed two counts of the terrorism Indictment against criminal defense attorney Lynne Stewart. Stewart is represented by Michael Tigar.

The Judge found the conspiracy to commit terrorism statute unconsitutionally vague. Stewart is still facing charges of conspiracy to defraud the Government and making false statements.

Stewart was charged last year with helping deliver messages from her client, Sheik Omar Abdel-Rahman, who is serving a life sentence for conspiring to blow up New York City landmarks and assassinate Egyptian President Hosni Mubarak.

Prosecutors say she and co-defendants Mohammed Yousry, an Arabic translator, and Ahmed Abdel Sattar, a U.S. postal worker, helped relay messages from the blind Egyptian cleric to the Islamic Group, a radical Egyptian-based terrorist group.

Here are the details of the Lynne Stewart case. Our coverage of the case is here. Here's one of the reasons we think the case is chilling.

Update: The National Law Journal provides this in-depth analysis of the Judge's decision.

On the material support for terrorism, Stewart was accused of providing "communications equipment" and "personnel" to the Islamic Group in violation of §2339B. However, Stewart's lawyer Michael Tigar and Kenneth Paul, the lawyer for Sattar, argued that the law criminalized innocent behavior.

"The defendants are correct and by criminalizing the mere use of phones and other means of communication the statute provides neither notice nor standards for its application such that it is unconstitutionally vague as applied," Koeltl said. "A criminal defendant simply could not be expected to know that the conduct alleged was prohibited by the statute."

Tigar also argued that it put Stewart in an untenable position as a lawyer for Sheikh Abdel Rahman, an opinion Koeltl appeared to embrace. "The Government accuses Stewart of providing personnel, including herself, to [the Islamic Group]," Koeltl said. "In so doing, however, the Government fails to explain how a lawyer, acting as an agent of her client, an alleged leader of an FTO [foreign terrorist organization], could avoid being subject to the criminal prosecution as a 'quasi-employee' allegedly covered by the statute."

Update: Counterpunch on Lynne Stewart's Big Win.

< NBC: Accuser Bragged About Kobe At Party | Miami Vice Era Officially Over >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


  • Display: Sort: