[lbo-talk] Partial (but substantial) victory in Lynne Stewart case

[John Mage]

This afternoon USDistrict Judge Koeltl dismissed as "void for vagueness"
the first two counts of the indictment of Lynne Stewart. The first count
is the conspiracy to give "material assistance" to a "foreign terrorist
organization", the pivot of the entire indictment, This conspiracy count
took up from page 10 to page 20 of the 24 page indictment, and told the
story of the supposed plot of the blind sheik to accomplish various
wicked things of annoyance to the American Empire, supposedly assisted
by Lynne Stewart through her conversations with her client and comments
to the press. Count 2 is the substantive count alleging the giving of
"material assistance" to a "foreign terrorist organization".

Remaining and undismissed count 3 "Solicitation of Crimes of Violence"
does not mention Lynne.

Also remaining are counts 4 and 5. Count 4 alleges a conspiracy - under
the general old conspiracy statute (18USC§371) - to defraud the US of
its ability to keep its prisoners incommunicado! Sections of the
dismissed big conspiracy count are realleged to assert that the sheik
communicated with the outside world through his interpreter and through
Lynne Stewart's comments to the press. Count 5 alleges a false statement
to a federal officer, the "false statement" being Lynne Stewart's
promise, made as a condition of her being able to talk with her client,
that she would help keep him incommunicado with the outside world.

It's a substantial victory. There's a 77 page opinion that will be
posted at the excellent website <http://www.lynnestewart.org/>

Unfortunately what Koeltl did not dismiss are at the heart of the US
government's claim to be able to listen to attorney-client
conversations. Best to understand this as representing a small shift in
what Judges dare to do in defiance of the police state. Tigar is, as usual,
doing a great job.

john mage