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 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.

From Lynne:

My client David Gilbert has recently published a book about his life in the underground etc called Love and Struggle (great title!). The book is Love and Struggle, My life in SDS, the Weather Underground and Beyond by David Gilbert, 2012  published by PM Press, Oakland Ca.  In the Chapter entitled Busted, in detailing the events after Brinks Nyack,  David writes:

Lynne and her youngest daughter Zena, on Lynne’s birthday.

Second Circuit arguments in Lynne’s case will take place on February 29, 2012.

From Lynne:

“So we finally got a date for oral argument in the Circuit. The date is February 29–Leap year day and Sadie Hawkins Day…Anyway that is our auspicious day . I like it for its quirkiness.

I will NOT be there but that I hope a massive turnout will make up for my absence.”

More information soon.

HAPPY BIRTHDAY LYNNE!

A message from Lynne, received today:

To my friends and supporters, family, comrades and dear ones;

You cannot know how happy I am to be writing this !!  Not with my circumstances but because after about 6 weeks of trying to get medical relief for a painful bladder infection that seemed to affect the rest of my “Lower Plumbing” as well, I have on a new anti biotic that at first glance seems to be working.

Talk about wan and listless, just like a Jane Austen character, I have basically stayed in my bed and slept–not even reading! I am so sorry about all the letters I haven’t answered particularly those from young people who need to know if they should think about going to law school and those in the thick of the movement who want my insight (from afar!).  I hope I will be regaining my energy soon.  We have cancelled all visits for October to resume in November with an introductory “tryout” of Connor Dueno, my great grandson with his mama and grandmama.  Odds are we’ll be keeping him!

In order that my Prison Readers shouldn’t think that I have mellowed (Ha!) I must say that if Amy is to be trusted the Wall Street occupation looks like it has some legs, whether those legs are reformist or radical, we will see.  I don’t think we can look forward to parading out the Banksters and Goldman Sachs to face “Peoples Justice” just yet But …. There seems to be a spark and that gladdens my Heart.

I will be 72 on the 8th–the day of the Heroic Guerilla, the day they killed Che.  I still hold strongly to my beliefs, my love of the people and that there will be redemption from the nightmare with which, we are all struggling.  So I wish you all a Happy Birthday and Struggle ON!!

Love Lynne