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2nd Circuit: Affirms Lawyer Lynne Stewart 's Terrorism Conviction, Revokes Bail

By Jeralyn, Section Law Related
Posted on Tue Nov 17, 2009 at 11:25:41 AM EST
Tags: Lynne Stewart (all tags)
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The Second Circuit Court of Appeals today affirmed the convictions of defense lawyer Lynne Stewart, whose phone calls with her client Sheikh Omar Ahmad Ali Abdel Rahman were taped at the MCC, and her codefendants on all charges, including providing material support to terrorists.

The opinion is here. The Court did not uphold the sentence, and remanded for resentencing:

We therefore remand the cause to the district court for further consideration of her sentence, in light of, among other things, the charges of perjury against her and of any other matter it deems necessary or advisable, and direct the court to revoke Stewart's and Yousry's bail pending appeal and to order them to surrender to the United States Marshal to begin serving their sentences forthwith.

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The trial judge sentenced Stewart to 28 months. Obviously, the Court of Appeals thinks she should have gotten more time. The Appeals Court directed the trial court to make a determination as to whether she committed perjury at her trial and whether the abuse of special skill or trust enhancement should have applied. Even though it says her codefendants were sentenced correctly, it remanded their sentences as well.

Huge disappointment of an opinion, from the sentencing issue to its upholding the conviction on providing material support to terrorists. (My view of the conviction is here.) Also discussed: FISA, CIPA, taping attorney-client calls and the NSA wiretapping.

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