Q&A
Guilt by association
BY KRISTEN LOMBARDI
On April 9, 2002, US attorney general John Ashcroft strode before the press in New York and put forth proof that he’s winning the war on terrorism: he announced criminal indictments against four defendants — including veteran criminal-defense attorney Lynne Stewart — for helping convicted terrorist Sheikh Omar Abdel-Rahman pass messages to the Egyptian-based Islamic Group (IG). In 1995, the sheikh was convicted of the 1993 World Trade Center bombing and failed plots to blow up other New York landmarks; he’s now serving a life prison sentence. The criminal charges against Stewart, Abdel-Rahman’s attorney, allege that she " facilitated and concealed communications " between the sheikh and IG leaders — charges to which Stewart has pleaded, " Emphatically not guilty! " Free on a $500,000 bond, Stewart comes to Boston this Friday to participate in a forum called " Civil Liberties Showdown: The Lynne Stewart Case and the Domestic War on Terrorism. " Earlier this week, the Phoenix caught up with her to talk about the state of civil liberties in the post-9/11 atmosphere.
Q: How did you come to defend someone like Abdel-Rahman?
A: I was approached close to the trial by Ramsey Clark, the former US attorney general, who told me that they were looking for a lawyer because the sheikh was representing himself. I didn’t think I could do it, because I’m a preparation freak. But Ramsey convinced me. He said, " If you’re going by a house fire and you see a child in the window, you don’t ask, do I have my raincoat? You rescue that baby. " He said, " The sheikh is blind; he only speaks Arabic; he’s unfamiliar with the American legal system; he’s an extremely important man in the Middle East. If we can’t get a good lawyer to represent him, it makes the US look bad. " So I said I’d do it.
Q: Describe the morning of April 9, when you were arrested.
A: I was upstairs in my Brooklyn house getting dressed for court. I heard my husband downstairs talking loudly. I came down and saw what were unmistakably law-enforcement suits. I came to the front door and said to my husband, who is a long-time champion of the black community, " Don’t worry. Whatever it is, we’ll take care of it. " At which point an FBI guy said, " We’re not here for him. We’re here for you. " I was very surprised. My husband got a phone call from a lawyer at my office, who said that the FBI was there, too. They didn’t go rummaging through things or tossing files around. But in the last hour, after 11 hours of searching, they took all the hard drives off the computers. They took our Rolodex of clients. My lawyer has raised the issue of whether the FBI seized materials outside the warrant. The judge appointed an independent lawyer to go through all the stuff and decide what’s relevant and not.
Q: Do you think the Justice Department went after you?
A: Given the fact that Ashcroft came to New York to announce the indictments and then went on the David Letterman show to make himself the war hero, this was definitely directed at me. It’s meant to chill the criminal bar, to say, " Don’t be too principled when you represent this kind of client. We’re going to watch you. " My arrest has to make lawyers hesitate. You spend time building a reputation. You don’t want it to go down the drain just because you represent an unpopular figure.
Q: Why is the invasion of attorney-client privilege that we’ve seen post-9/11 important?
A: One of the reasons I’m coming to Boston to speak is to encourage lawyers not to lose this battle by our acquiescence. One of the most crucial things is the attorney-client privilege. A client can come in and tell you everything and you are duty-bound, like a priest, to keep those confidences. If the government can listen in, people aren’t going to be inclined to reveal those confidences. Their best defense might be compromised. It’s at the core of criminal-defense work.
Q: What does your case means in this larger battle over civil liberties?
A: The other day, a young reporter said to me, " Would it be fair to say that your case means the government can come and get anyone any time it wants? " I said, " Well, that’s part of it. " But if they do come to get you, you won’t have a lawyer to call. There won’t be any lawyers left. There’ll be people who look like lawyers but they won’t be willing to fight for you. So it’s got a double meaning. I don’t think this case would ever have been brought to court had there been no September 11. It’s a case that never would have been tolerated. Given the climate now, the Justice Department feels it can push the parameters further than ever before.
Q: So what does the future have in store for you?
A: Well, the maximum penalty for the counts under which I’m charged is 40 years. But under the sentencing guidelines, it’s 18. I happen to be almost 63. So this isn’t something to look forward to. We have to win. I don’t intend to spend the rest of my life in jail. I intend to win this case and beat Ashcroft and point out the error of his ways. Someone said to me, " This is the culmination of your career. " I have been a criminal-defense lawyer for very political people for over 25 years. I always thought I’d get a really big case. I just never thought it would be me.
Lynne Stewart will appear as part of a panel discussion this Friday, September 20, from 6:30 to 8:30 p.m., at Northeastern University Law School, Room 97. The event, sponsored by the Civil Liberties Task Force of the ACLU, is free and open to the public.
Issue Date: September 19 - 26, 2002
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