The Sentencing of Lynne Stewart
Saturday, July 24th, 2010 
“At all times throughout history the ideology of the ruling class is the ruling ideology.” - Karl Marx
Lynne Stewart is a friend. She used to practice law in New York City. I still do. I was in the courtroom with my wife Debby the afternoon of July 19th for her re-sentencing. The Judge John Koetl buried her alive. We should have seen it coming when he told her to take all the time she needed at the start when she spoke before the sentence was read. It didn’t matter what she said. He had already written his decision, which he read out loud for to a courtroom packed with supporters. It was well crafted. Bullet proof on appeal. He is smart and cautious. After about an hour into his pronouncement he came to the buried alive part. He prefaced it by citing the unprecedented 400 letters of support people had sent him, all of which he said he read. He noted Lynne’s three decades of service to the poor and the outcast. He stressed that she is a seventy year old breast cancer survivor with high blood pressure and other serious health problems. And then he laid it on her: 120 months.
Everyone in the courthouse divided 120 by 12. He had given her a death sentence we all thought. She’ll never get out. He almost quadrupled the 28 month sentence he had originally pronounced. She had told him that 28 months was a horizon, that she had hope. But no more. Lynne’s granddaughter gasped. Then started sobbing. She kept crying even as Judge John Koetl kept reading. And reading. And reading. It was awful. The sentence was pitiless and cruel. How to understand it?
Lynne’s lawyer Jill Shellow Levine rose after the Judge finished. She asked him why. He was candid. He was told to do it by his supervisors, the judges on the Court of Appeals for the Second Circuit. This court is an institution of the elite. It is considered the second highest court in America next to the Supreme Court because it presides over the financial center of the empire, not its capital, that is in D.C., but its real capital. This court makes policy and Lynne Stewart was to be made an example of in “the war against terrorism” just as a half a century before, in the same court, Ethel and Julius Rosenberg were condemned to death in the war against communism, told that they had caused the deaths of 50,000 U.S. soldiers in the Korean War, and found guilty of the ridiculous charge of “stealing the secret” of the atomic bomb, when there was no secret, it was only a matter of technology. The sentencing Judge Kaufman knew they would leave behind two orphan children, Robert and Michael, ages six and three.

In 1947 George Kennan, the ideological father of the cold war, wrote that the United States had but six per cent of the world’s population and fifty per cent of its wealth. The problem was to keep it. Anti-communism served as the ideological cover the U.S. ruling classes used. But communism ceased to exist after capitalism was restored in the Soviet Union in 1991. A new ideological cover has been constructed in the wake of the September 11th criminal attack on the World Tread Center and the Pentagon: The War Against Terror. Nationalist opposition to U.S. economic and foreign policy in parts of the Arab world is no longer led by communists but by fundamentalist Muslims.
Lynne Stewart represented one of them, Sheik Abdel Rahman, who was the leading oppositionist to the U.S. sponsored Murabak dictatorship in Egypt, which gets more money from America than any other country in the world except Israel. In 1993, at the behest of the Egyptian government, Sheik Rahman was criminally indicted and later convicted of the crime of “sedition” for suggesting to government informer that rather than blow up New York City landmarks he choose “a military target.” It was on the occasion of a post-conviction prison visit that Lynne helped her client. She released his statement to Reuters press service announcing his withdrawal of support for a cease fire between his group and the Egyptian government. This was in violation of a Special Administrative Measure (SAMs) that Lynne had agreed to with the U.S. Government. She wasn’t supposed to be a medium for commincation between her client and the outside world. She should have challenged the constitutionality of the SAMs, she now realizes, and not just have violated them. (more…)




