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CNN Sunday Morning

Two Counts of Indictment Against Rahman's Lawyer Dismissed

Aired July 27, 2003 - 09:10   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


CHUCK ROBERTS, CNN ANCHOR: Last week an attorney who defended terrorists won a victory against the Justice Department. That put the spotlight on the risks lawyers take when their clients are accused of terrorism. CNN's Michael Okwu reports.
(BEGIN VIDEOTAPE)

MICHAEL OKWU, CNN CORRESPONDENT: Before Osama bin Laden, public enemy number one in the undeclared war on terrorism was Sheik Omar Abdel Rahman, the blind Muslim cleric now serving a life sentence for plotting with his followers to blow up the World Trade Center and other landmarks. His attorney then, and today, Lynn Stewart.

After 9/11, the government waged a broad offensive against terrorism in acquired new powers even to eavesdrop on attorney-client conversations in prison. Stewart soon found herself facing 40 years behind bars.

JOHN ASHCROFT, U.S. ATTORNEY GENERAL: Today's indictment charges four individuals, including Rahman's lawyer.

OKWU: Stewart was charged with aiding terrorists, including allegedly relaying messages from the sheik to the outside world, despite an agreement with the government not to do so.

LYNN STEWART, RAHMAN'S ATTORNEY: He didn't say to me, would you carry this dynamite. Would you make arrangements for $1 million transfer to my people. He said to me, would you make a press release?

OKWU: Specifically, Stewart released a statement in which the Sheik questioned his followers' suspension of their attacks in Egypt. This week a federal judge dismissed the most serious charges against her and the sheik's Arabic translator.

The government fails to explain, the judge wrote, how a lawyer acting as an agent of her client an alleged leader of a terrorist group, could avoid being subject to criminal prosecution as quasi employee. Prosecutors are likely to appeal, and that continues to raise questions. Including whether it's too risky for attorneys to take on cases involving alleged terrorists.

UNIDENTIFIED MALE: I think there would be lawyers who will steer far clear of cases like this when they know, A, that the government is listening to all of their conversations with their client. And, B, is prepared to charge them criminally merely for making public statements to behalf of their client. OKWU: But the government says it was imperative the sheik be muzzled and Stewart crossed the line.

JAMIE ORENSTEIN, FMR. FEDERAL PROSECUTOR: You can go in there and be his legal counsel and do what you need to do to serve him as a lawyer, but that's it. Don't go in there as his messenger so he can stay in business.

OKWU: The remaining charges for violating restrictions on prisoner communication carry a maximum 10 years, a trial is scheduled for next year.

Michael Okwu, CNN, New York.

(END VIDEOTAPE)

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com




Dismissed>


Aired July 27, 2003 - 09:10   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CHUCK ROBERTS, CNN ANCHOR: Last week an attorney who defended terrorists won a victory against the Justice Department. That put the spotlight on the risks lawyers take when their clients are accused of terrorism. CNN's Michael Okwu reports.
(BEGIN VIDEOTAPE)

MICHAEL OKWU, CNN CORRESPONDENT: Before Osama bin Laden, public enemy number one in the undeclared war on terrorism was Sheik Omar Abdel Rahman, the blind Muslim cleric now serving a life sentence for plotting with his followers to blow up the World Trade Center and other landmarks. His attorney then, and today, Lynn Stewart.

After 9/11, the government waged a broad offensive against terrorism in acquired new powers even to eavesdrop on attorney-client conversations in prison. Stewart soon found herself facing 40 years behind bars.

JOHN ASHCROFT, U.S. ATTORNEY GENERAL: Today's indictment charges four individuals, including Rahman's lawyer.

OKWU: Stewart was charged with aiding terrorists, including allegedly relaying messages from the sheik to the outside world, despite an agreement with the government not to do so.

LYNN STEWART, RAHMAN'S ATTORNEY: He didn't say to me, would you carry this dynamite. Would you make arrangements for $1 million transfer to my people. He said to me, would you make a press release?

OKWU: Specifically, Stewart released a statement in which the Sheik questioned his followers' suspension of their attacks in Egypt. This week a federal judge dismissed the most serious charges against her and the sheik's Arabic translator.

The government fails to explain, the judge wrote, how a lawyer acting as an agent of her client an alleged leader of a terrorist group, could avoid being subject to criminal prosecution as quasi employee. Prosecutors are likely to appeal, and that continues to raise questions. Including whether it's too risky for attorneys to take on cases involving alleged terrorists.

UNIDENTIFIED MALE: I think there would be lawyers who will steer far clear of cases like this when they know, A, that the government is listening to all of their conversations with their client. And, B, is prepared to charge them criminally merely for making public statements to behalf of their client. OKWU: But the government says it was imperative the sheik be muzzled and Stewart crossed the line.

JAMIE ORENSTEIN, FMR. FEDERAL PROSECUTOR: You can go in there and be his legal counsel and do what you need to do to serve him as a lawyer, but that's it. Don't go in there as his messenger so he can stay in business.

OKWU: The remaining charges for violating restrictions on prisoner communication carry a maximum 10 years, a trial is scheduled for next year.

Michael Okwu, CNN, New York.

(END VIDEOTAPE)

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com




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