February 11, 2009 5:52 PM
- Text
Lawyer Vows To Fight Terror Conviction
(CBS/AP)
A civil rights lawyer convicted of helping a jailed terrorist sheik communicate with his disciples was sentenced to just over two years in prison Monday, winning extraordinary leniency from a judge who took into account her career of standing up for the most unpopular clients.
Lynne Stewart, 67, had faced up to 30 years in prison, but was sentenced to just two years and four months in a case that the federal government once hailed as a major victory against terrorism.
Stewart smiled through tears as the judge announced the sentence. Later, she hugged family and supporters and was handed two bouquets of red roses as she walked out of the courthouse.
"This is a great victory against an overreaching government," Stewart told dozens of supporters outside the lower Manhattan courthouse after U.S. District Judge John G. Koeltl imposed the two-year, four-month sentence.
Some think U.S. District Judge John G. Koeltl cut Stewart a break. CBS News legal analyst Andrew Cohen partially attributed the judge's decision to "her age, her health, her expression of remorse and regret, and her long history of dedicated work as a defense attorney, which has to have counted for something.
"But she's lucky to get such a short sentence and she knows it," said Cohen.
Stewart is the only U.S. lawyer to have been indicted on terrorism charges.
The judge rejected demands by the government that Stewart be sentenced to 30 years in prison for convictions of conspiracy to provide material support to terrorist organizations, making false statements and defrauding the government.
The sentence came after a year in which Stewart was treated for breast cancer and diabetes, conditions the judge said would make it difficult for Stewart in prison.
The judge permitted her to remain free pending appeal, though he said there was ample evidence she had smuggled messages between her client, Sheik Omar Abdel-Rahman, and senior members of an Egyptian-based terrorist organization - messages he said could have had "potentially lethal consequences."
CBS News Investigative Unit producer Phil Hirschkorn notes that prior to distributing Rahman's message, Stewart had agreed in writing to abide by special prison rules muzzling Rahman to the outside world and promised not to reveal their discussions.
There was little dispute that she broke the rules, says Hirschkorn, but Stewart considered them unconstitutional. Stewart was found guilty of all five counts, including conspiracy to defraud the U.S., providing and concealing material support for a terrorist group, and making false statements.
At the sentencing Monday, the judge noted that no one was harmed as a result of Stewart's actions.
Rahman, 68, who has diabetes and heart problems, is incarcerated at the U.S. Medical Center for Federal Prisoners in Springfield, Missouri.
U.S. Attorney Michael J. Garcia said he is disappointed by Stewart's sentence, along with a one-year, eight-month prison term given to Mohamed Yousry, an Arabic interpreter, and a 24-year sentence imposed on Ahmed Abdel Sattar, a U.S. postal worker. He said prosecutors will consider an appeal of Stewart's sentence.
Prosecutors argued Sattar should be imprisoned for life and Yousry for 20 years in prison for their roles in helping Abdel-Rahman communicate, despite special measures imposed to cut him off from the world as he served his life sentence for terrorism.
Lynne Stewart, 67, had faced up to 30 years in prison, but was sentenced to just two years and four months in a case that the federal government once hailed as a major victory against terrorism.
Stewart smiled through tears as the judge announced the sentence. Later, she hugged family and supporters and was handed two bouquets of red roses as she walked out of the courthouse.
"This is a great victory against an overreaching government," Stewart told dozens of supporters outside the lower Manhattan courthouse after U.S. District Judge John G. Koeltl imposed the two-year, four-month sentence.
Some think U.S. District Judge John G. Koeltl cut Stewart a break. CBS News legal analyst Andrew Cohen partially attributed the judge's decision to "her age, her health, her expression of remorse and regret, and her long history of dedicated work as a defense attorney, which has to have counted for something.
"But she's lucky to get such a short sentence and she knows it," said Cohen.
Stewart is the only U.S. lawyer to have been indicted on terrorism charges.
The judge rejected demands by the government that Stewart be sentenced to 30 years in prison for convictions of conspiracy to provide material support to terrorist organizations, making false statements and defrauding the government.
The sentence came after a year in which Stewart was treated for breast cancer and diabetes, conditions the judge said would make it difficult for Stewart in prison.
The judge permitted her to remain free pending appeal, though he said there was ample evidence she had smuggled messages between her client, Sheik Omar Abdel-Rahman, and senior members of an Egyptian-based terrorist organization - messages he said could have had "potentially lethal consequences."
CBS News Investigative Unit producer Phil Hirschkorn notes that prior to distributing Rahman's message, Stewart had agreed in writing to abide by special prison rules muzzling Rahman to the outside world and promised not to reveal their discussions.
There was little dispute that she broke the rules, says Hirschkorn, but Stewart considered them unconstitutional. Stewart was found guilty of all five counts, including conspiracy to defraud the U.S., providing and concealing material support for a terrorist group, and making false statements.
At the sentencing Monday, the judge noted that no one was harmed as a result of Stewart's actions.
Rahman, 68, who has diabetes and heart problems, is incarcerated at the U.S. Medical Center for Federal Prisoners in Springfield, Missouri.
U.S. Attorney Michael J. Garcia said he is disappointed by Stewart's sentence, along with a one-year, eight-month prison term given to Mohamed Yousry, an Arabic interpreter, and a 24-year sentence imposed on Ahmed Abdel Sattar, a U.S. postal worker. He said prosecutors will consider an appeal of Stewart's sentence.
Prosecutors argued Sattar should be imprisoned for life and Yousry for 20 years in prison for their roles in helping Abdel-Rahman communicate, despite special measures imposed to cut him off from the world as he served his life sentence for terrorism.
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