[lbo-talk] Re Seditious Conspiracy/Stewart

[andie nachgeborenen]

Stewart could reasonably be expected to be punished in
some way for violating a  gag order. It was an act of
civil disobedience,a nd people who commit CD usually
expect to suffer some consequences The usual penalty
for something like that is a contempt of court
citation. You can even be convicted of criminal
contempt. That is very different from a conviction for
material aid to terrorsm chartge that carries a 20
year sentence. What is disgraceful is the misuse of
the antiterrorism laws to disproportionately punish a
routine violation of a gag order -- believe me, this
stuff happens all the time, and normally you just get
a stern lecture from the judge, not even a contempt
citation. A weekend in the clink would be unusually
harsh punishment for she did if thsi were any other
case. It's terrible to treat this as a real crime.
It's chilling. jks


> 
> I'd like to hear your analysis of why the
> prosecution is a disgrace.  My
> understanding is that Stewart is a very highly
> competent officer of the
> court, and that she not only knew the law, but
> signed an order promising she
> wouldn't permit or facilitate political
> communication by her client.  She
> admits she did so, for the pretty dumb (if true)
> reason that she somehow
> thought getting her client back in the papers would
> help him.  She then
> dictated a speech or manifesto her client passed to
> her.  That speech
> withdrew his support for a cease-fire.
> 
> How is transmission of that speech not a knowing,
> intended act of helping
> her client call for imminent violence?
> 
> I understand the importance of preserving both the
> need to prove mens rea
> and also the strong right to freedom of speech and
> legal defense.  But how
> is all this Stewart stuff a disgrace?  And why does
> it dampen anybody's
> prospects for a proper defense?  The only precedent
> it sets is to show
> defense lawyers they can't violate the political gag
> order in terrorist
> cases.  What's so awful about that?
> 
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