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Subpoenas

Posted on January 27, 2011
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By Lynne StewartLynne Stewart

The following statement is from Lynne Stewart, the People’s Lawyer currently imprisoned at Carswell Federal Prison.

I began my career as a political movement lawyer. The government was rounding up the last of the die hard militants, many of whom had been underground, and prosecuting them as a part of the panther movement.
 
They also subpoenaed anyone with any tangential relationship to those who had been arrested. I am talking about their daters, their lovers, their teachers, their religious leaders, their estranged relatives, those who had attended meetings, rallies, etc.

All of these activities centered upon an expropriation in suburban NY of a Brinks armored truck and the people who were arrested then and later. Their purpose? To intimidate that branch of the movement that could be counted on to support militancy and troll for even the most insignificant crumbs of information that might be fitted together to enmesh suspects.
 
What happened? Most people who had been taped by the government, lawyered up with movement lawyers, guided in part by the legal work of Bob Boyle and Guild lawyers who had written legal representation before Grand juries which remains the standard on what to do and when to do it. A person subpoenaed is in the unenviable position of having only the vaguest idea of what the government may want, and is faced ultimately with the choice of testifying against comrades or spending long months in jail.
 
They may even face a possibility of being indicted for contempt and facing a sentence that is completely up to a judge. In the face of this challenge in that day, I can only say that most people chose not to testify and to wait out the government. They gave up an existence as they were living it– jobs, relationships, and all that constitutes daily life, and they went to jail. And they stayed in jail for many months and they didn’t give in.
 
Now we are in another era — one that was not born from the euphoria and idealism of the 60’s, and the government is once again arresting, subpoenaing, and tormenting movement people, hoping they will become informants. And the reaction of the movement? We resist.
 
We stand strong with the resisters who elect not to become part of the same prosecution team that has terrorized the world. Now the so-called Department of Justice [ha!] has decided to focus on support groups of the world’s peoples and also on eco-terrorism. Why? Because they can! It sends a message to the people that it’s dangerous, don’t join, don’t resist. That message must once again be shouted down, first by the resisters who will go to jail, and second by us, the movement who must support them by always filling those cold marble courtrooms to show our solidarity, and by speaking out so that their sacrifice is constantly remembered.
 
Our principle of non-collaboration has so far proved robust. There has been no wavering. Our support must continue to convince everyone involved that these are issues of principle. There can be no compromise. Resisters must be defended to the utmost of our strength and abilities.
 
Venceremos
Love/Struggle
Lynne Stewart
Carswell Federal Prison

2 thoughts on “Subpoenas”

  1. Ian MacLeod says:
    January 30, 2011 at 4:22 am

    It should be possible, Betty, but the fact is that Federal courts lately have been simply ignoring Constitutional and statute law, sealing briefs and entire trials,making rulings based on things like wiretapping law and right to privacy (of the judge who was being taped in his courtroom!) against people who take videos – they are conservative, often Bush appointees, and they are complicit.The SCOTUS itself just ruled, essentially, that Federal judges may set aside whatever portions of the Constitution they please. The SCOTUS certainly does what it wants regardless of the law; they are pro-corporate and anti-worker/individual. The DOJ can, and will, attack forever, they have been caught at falsifying evidence, and even that altered the conviction and the sentence not at all. To be accused, to quote Pain Management advocate Siobhan Reynolds, is to be destroyed whether you’re guilty or innocent, like Arthur Anderson.

    Trying to sue might get them denied standing (no matter who they are), or attacked by police in full SWAT gear on trumped up charges or none at all, and imprisoned for decades. The SCOTUS says it’s okay for Federal judges to be corrupt. No doubt a ruling in self-defense. This is not the country that my brother and I, our parents and their parents before us joined the military to serve during time of war – it’s Amerika, and it’s heart breaking.

    Ian

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  2. Betty Schier says:
    January 27, 2011 at 3:51 pm

    Would it be possible to sue the government or the responsible persons or entities for unlawful arrest?kknl

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