Lynne Stewart Disbarred:
The Associated Press reports that Lynne Stewart has been disbarred for helping one of her clients, Omar Abdel-Rahman, communicate with his fellow terrorists from prison. For these acts, Stewart was convicted of providing material support to terrorists.
A particularly interesting aspect of the story is that a New York court ruled that Stewart had to be disbarred, and could not voluntarily resign from the bar. As I understand the ruling, the Court determined that her disbarment was automatic one Stewart had been convicted of a felony, so any effort to withdraw voluntarily after her conviction would be unsuccessful. I do not know if there is much precedent for this, but it struck me as unusual.
Good riddance.
-GSM
Can we get a hand count of just how many people agree with this idiocy? I expect it will be quite a bit larger than the tally of Lynne Stewart supporters.
Personally, I am more troubled by the latter. She aided and abetted a fanatic who's primary goal in life was to kill as many American's as violently as possible. How can anyone-- regardless of their politics-- feel the slightest camaradarie with her?
We live in an era of great moral confusion.
I think you would both be surprised at how low the count would be. I'm a leftie and most of my friends are lefties. I don't hear anybody praising her for being a hero. The only people I hear talking about her (and they are a very, very small minority of my lefty friends) are those who wonder whether or not what she was accused of had anything at all to do with reaching the followers of her client. I haven't followed the case enough to really have an opinion, but my lefty friends make the case seem pretty shaky. I take their opinion with a grain of salt, but would love to hear the case outlined by someone from the other sdie.
I would hope that we can all agree that if she wasn't passing messages, and is merely sympathetic to her client, then she shouldn't have been prosecuted.
It is far past time to bring actual treason trials. Jane Fonda still needs to pay for adhesion to the enemy in time of war, but she gets the same pass as Ted Kennedy does for murder.
I think it was more that she was held up as a martyr by many on the Left as “yet another example of how the Bush administration is shredding the Constitution” – in this case by going after an attorney that was suspected (rightfully) of aiding an abetting her terrorist client. There was even an episode of Law &Order “Open Season” which was based on her case which did everything it could to make her seem sympathetic and even suggested that the Bar Association would name an award after her for what she’d done.
Heh, I knew the "innocent until proven guilty" hangover from the Duke lacrosse case wouldn't last long.
Some people believed Stewart was being wrongly persecuted by the government for defending an unpopular client. In fact, she turned out to be guilty, so they were wrong. But smearing people as America-haters because they gave her the benefit of the doubt in advance of her conviction is, in fact, an attitude demonstrably at odds with the values expressed in our Constitution.
Ted Kennedy’s crime was more like manslaughter than murder. He was certainly guilty of leaving the scene of an accident, yet he never received any criminal sanction. Jane Fonda seems as guilty as Axis Sally (Mildred Gillars) except Gillars had sworn an oath of allegiance to The Third Reich. While she was charged on 8 counts of treason, the jury convicted her on only one: her part in the Nazi play, Vision of Invasion broadcast to the US troops. This play was designed to frighten the Normandy invasion troops. The jury deliberated for a long time indicating they came close to an acquittal. This shows that convicting Fonda of treason would have been more of an uphill battle than Gillars. The Vietnam War was an unpopular undeclared war, and while her activities in Vietnam were certainly used as propaganda, I suspect it would have difficult to prove she deliberately wanted to demoralize American troops.
Nevertheless it’s unfortunate that Fonda never really had to suffer for her anti-Americanism. She should have been shunned by society. Unfortunately American society is now divided against itself, which the real shame.
The reason for the practice is to prevent the lawyer from concealing his misdeeds from other states where he may also be admitted. If the lawyer resigns voluntarily, no disclosure to other state bars may be required, but all state bars require disclosure if an attorney has been disbarred anywhere.
So Miss Stewart was treated just like anyone else in this regard.
They're a small percentage of the country, but they make a lot of noise.
Nick
In fact, she turned out to be guilty, so they were wrong.
Could someone link to an objective and concrete explanation of what she did?
Um. Under the doctrine of delegated powers, the technical term for "extra-constitutional powers" is 'oxymoron'.
Here's a clue -- unlike the Duke defendants, Stewart received due process, there is reasonable ground to believe that a crime was committed and that she committed it, and no one is putting up wanted posters all over her neighborhood holding her accountable for every crime ever committed against the United States.
Not only did she contribute to the terrorism actions which Abdel-Raman signaled through her from prison, she dealt a massive set-back to those who advocate for criminal defense lawyers to be made available to terrorist suspects. By betraying her oaths and exceeding the scope of proper zealous representation, she gave ample ammunition to critics who argue against such representation.
What you're ignoring is the difference between the benefit of the doubt and praise. It would be one thing if people had said, "Let's not jump to conclusions on Stewart" before her conviction. (*) What actually happened was that some schools and leftist individuals were honoring her while she was under indictment.
(*) Except that the difference between Duke and Stewart was that from the beginning there was a lot of evidence of innocence and prosecutorial misconduct in the former case, and a lot of evidence of guilt in the latter.
I don't think anyone thinks that mob lawyers should help imprisoned mob bosses order hits, or that Stewart should be allowed to help Abdel-Rahman commit more terrorism from prison. As PatHMV sets out, the crimes of which Stewart was convicted are quite serious.
So... I suspect that the people who support Stewart either (1) aren't familiar with the specific facts and think that Stewart was tarred for telling Abdel-Rahman's kids that he loves them or something like that, or (2) suspect that the evidence against Stewart was weak and that she was essentially someone who stepped up in defense of an unpopular cause and was retaliated against for it.
I know nothing of the evidence against Stewart, I assume that the jury did its job properly, and until I learn further information, I'm happy that she's disbarred.
Some people believed Stewart was being wrongly persecuted by the government for defending an unpopular client. In fact, she turned out to be guilty, so they were wrong. But smearing people as America-haters because they gave her the benefit of the doubt in advance of her conviction is, in fact, an attitude demonstrably at odds with the values expressed in our Constitution.
Agreed. I'm not ready to associate myself with ed o's view, which throws out a whole lot of decent, if often misguided babies with a small, but intolerably fetid puddle of bath water.
That said, the correct punishment for Stewart was firing squad, then disbarment.
Oh, shut up. The Duke case wasn't about "innocent until proven guilty," it was "they've been proven innocent, and the prosecution's been hiding the evidence." There's no similarity here.
Now there's a believer in Constitutional principle.
"Oh, shut up. The Duke case wasn't about "innocent until proven guilty," it was "they've been proven innocent, and the prosecution's been hiding the evidence." There's no similarity here."
Does that mean you don't think the Duke students were entitled to be presumed innocent until proven guilty?
And please forgive me for not shutting up. I didn't realize I had wandered into the Bizarro World of Constitutional principles.
"Heh, I knew the "innocent until proven guilty" hangover from the Duke lacrosse case wouldn't last long.
Some people believed Stewart was being wrongly persecuted by the government for defending an unpopular client. In fact, she turned out to be guilty, so they were wrong. But smearing people as America-haters because they gave her the benefit of the doubt in advance of her conviction is, in fact, an attitude demonstrably at odds with the values expressed in our Constitution."
Agreed. I'm not ready to associate myself with ed o's view, which throws out a whole lot of decent, if often misguided babies with a small, but intolerably fetid puddle of bath water.
That said, the correct punishment for Stewart was firing squad, then disbarment.