(email Jan. 26, 2012)
About the Court Argument on the 29th of February
By Lynne Stewart
After the disaster in July 2010, when Judge Koeltl, following the
directives of the Second Circuit increased my sentence from 28 months
to 10 years, our righteous indignation fueled this appeal. The
government's argument will center on my testimony at trial and the
alleged perjury. All of those facts were before the Court at the
time of the 28 month sentence and were not the basis then of a
double digit sentence.
Our Brief attacks the increased sentence on two different fronts
--one on a doctrine of "substantive unreasonableness" meaning it's
just too much of an increase, five fold -- given the circumstances.
Secondly, we argued that the only "new" information before the Judge
were my statements after my first sentence in October of 2008 and
remarks I made on the Courthouse steps before I surrendered to
prison. We contend strongly that this is protected speech under the
First Amendment of the Constitution, and cannot be used to increase
or as a basis for sentencing. (even if they hate it !!!)
The same group of 3 Judges that heard and decided the original appeal
will also hear the arguments on the 29th. The government is not
asking for more time; they are satisfied with their pound of flesh
but it is not likely that this Court will take any action that will
help me. The times are askew for prisoners and their lawsuits. ( The
Brief is available at my web site lynnestewart.org)
The lawyers that argued in July of 2010 will be on board with the
addition of Herald Price Fahringer, an eminent attorney in the First
Amendment field (the win in the Larry Flynt Hustler case in the US
Supreme Court was his. He was also in the line of fire (no injuries)
when the shooting took place.) He will enthusiastically present our
case. I will not be present --not unusual once imprisoned. But my
spirit will be there to inspire !!!
Of course, my case has always been government firing warning
shots to Lawyers, that a vigorous defense,of certain clients, if not
conforming to government specifications, will be punished severely
. This chill effect in these days that we are confronted with Grand
Jury investigations and dismantling of Occupations is not something
we should contemplate with anything less than alarm. I have just
finished David Gilbert's book (Love Struggle) and the intercession of
lawyers when there are arrests of designated enemies of the "state"
are the only meaningful protection available.
A Large Outpouring of Support in Foley Square and Tom Paine Park and
in the Courtroom will signal to these arbiters of "Justice" that
attention must be paid, the 99% are watching them with suspicion and
tallying up the roads not taken.
Sunday, January 29, 2012
(email Jan. 26, 2012)