[14] Stewart defended Weather Underground member David Gilbert, who was found guilty for his role in the 1981 Brinks armored car robbery in which two police officers and a security guard were murdered.
Stewart refused the subpoena and eventually pleaded guilty to criminal contempt in the second degree,[16] a misdemeanor charge that would not result in her disbarment.
[7][17] Another high-profile client was former Black Panther member Willie Holder, who hijacked Western Airlines Flight 701 on June 2, 1972; he claimed to have a bomb and demanded the release of Angela Davis and $500,000.
"[20] Stewart also unsuccessfully defended former Gambino crime family underboss Sammy "the Bull" Gravano on ecstasy trafficking charges.
The FBI recorded Rahman issuing a fatwa that encouraged acts of violence against US civilian targets, particularly in the New York and New Jersey metropolitan area.
Stewart was reluctant at first, but Clark convinced her to take the case, arguing that otherwise "the Arab world would feel betrayed by their friends on the American left.
"[14] Interviewed by the Washington Post about her embrace of Rahman's case, she said, "my own political sense tells me that the only hope for change in Egypt is the fundamentalist movement.
"[25] Kuby, who had represented Rahman earlier, disagreed with Stewart's characterization, stating, "I love Lynne, but no one in the world could fairly posit the sheikh as a progressive or liberal on any issue."
[14] As part of Stewart's defense of Rahman, and her serving for several years on post-conviction issues, she was subject to modified "special administrative measures" which govern communications between suspects and their legal counsel.
[28] The special administrative measures, or SAMs, were modified in the wake of the September 11th attacks and were designed to prevent communications that could endanger US national security or lead to acts of violence and terrorism.
[29] According to a federal grand jury indictment, Stewart along with interpreter Mohamed Yousry, an adjunct professor in Middle East studies at York College CUNY, and postal clerk Ahmed Sattar passed messages between Rahman and his supporters in violation of the SAM,[30] thereby conspiring to defraud the United States in violation of 18 U.S.C. § 371.
Stewart was accused in the indictment of passing Rahman's blessing for a resumption of terrorist operations to al-Gama'a al-Islamiyya members in Egypt after they inquired whether they should continue to honor a ceasefire agreement with the Egyptian government.
According to Judge John G. Koeltl, in denying Stewart's motion to reject the verdict as unfounded, A rational jury could have inferred that, by relaying a statement withdrawing support for a cessation of violence by an influential, pro-violence leader of a terrorist group, Stewart knew that she was providing support to those within the IG (Islamic Group) who sought to return to violence—who the jury could have found were participants in the Count Two conspiracy, particularly Taha.
[33]Michael Tigar, her attorney, stated that "this case really is a threat to all the lawyers who are out there attempting to represent people that face these terrible consequences".
They believed that Stewart's efforts to release communications from her client were part of an appropriate defense method to gain public awareness and support.
They also expressed alarm that wiretaps and hidden cameras authorized by the Foreign Intelligence Surveillance Act were used by the government to gather evidence against her, which they called a violation of attorney–client privilege.
"[36] On February 10, 2005, following a nine-month trial and 13 days of jury deliberations, Stewart was found guilty of conspiracy to defraud the U.S. government (18 U.S.C.
The defense team also argued that Stewart's age, problematic general health and cancer history could well mean that she would be in prison for the rest of her life if she were sentenced to serve several years.
The prosecution requested that the Court impose the maximum statutory penalty, saying, "We hope that this sentence of 30 years will not only punish Stewart for her actions, but serve as a deterrent for other lawyers who believe that they are above the rules and regulations of penal institutions or otherwise try to skirt the laws of this country.
Two months later, in January 2010, the full Second Circuit bench, in a split decision, declined to reconsider its panel's affirmance and re-sentencing directive.
On July 15, 2010, Stewart was re-sentenced by Judge Koeltl to 10 years in prison, taking into consideration what he concluded were false statements she made under oath at her trial and other factors as directed by the appellate court.
[49] On June 25, 2013, Stewart announced that she had received a letter stating that Federal Bureau of Prisons Director Charles Samuels had denied her request for compassionate release.
The Federal Bureau of Prisons and the office of U.S. Attorney for the Southern District of New York filed a motion asking the judge in Stewart's case for a compassionate release.