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  Sunday  October 13  2002    11: 17 AM

The War Against Democracy

The Lynne Stewart Case
When Representing an Accused Terrorist Can Mean the Lawyer Risks Jail, Too

As every lawyer knows, client confidentiality is the very foundation of the attorney-client relationship. Attorney Lynne Stewart certainly believed that to be true, but her principles and zealous representation have landed her a four-count criminal indictment for aiding and abetting terrorism.

Without warning, Stewart was taken out of her home and arrested. Attorney General Ashcroft then staged a press conference within hours of her arrest. The same night, he appeared on David Letterman's show, to assure viewers (and potential jurors, it seems) that the "terrorist" lawyer was guilty as charged.

The basis for the prosecution? Communications Stewart made with and about her client, a convicted terrorist for whom she was court-appointed counsel for his trial and whom she continued to represent in post-conviction [read more]