Counter-intelligent: the surveillance and indictment of Lynne Stewart

Monthly Review, Nov, 2002 by Lynne Stewart, Susie Day

The other thing is, it ruins your entire career, if your clients are dealt with more harshly than other people's clients. My associate, Susan Tipograph, made a tremendous point when she said, "You represent criminal defendants. The notion that the government may be going though their files is anathema to your practice." What happens if they find, in a note I wrote on some client: "Reginald admits he did the murder but says he acted in self-defense; however, I don't think there's enough evidence to prove he even committed the murder...." So it has an effect on our business.

I guess another thing is, we all have a sense that it's the caretakers that suffer more, maybe, than the people they're trying to take care of.

And I know my family loves me so much, and they all want to do something, whatever they can do. By family, I don't just mean Ralph or my children or grandchildren, sisters and brothers; I mean all the people that are sort of my adopted children. There's a sense that they can't really do much. All they can do is be supportive and be there for me. But I see the toll it takes, particularly on those closest to me. We're all a little shorter of temper, maybe, and more tired than we were before.

I worry that I've put a burden on people I love that I never wanted to put on them. I shouldn't say, "I put the burden," because it really is Amerika--with the "k," as we used to say in the sixties--that has placed this burden on them. It's really unforgivable.

SD: If you had two minutes with people on the street to tell them about your case and why it may be important to them, what would you say?

LS: I would say that you never know what life will bring. It could be that sometime in the future, you are, for some reason, focused on by the government as being someone who is against government interest. You're going to need someone to defend you. I think everyone wants to feel that, when they get someone they can trust, there is no intrusion from the government, that your adversary knows your moves, your innermost secrets.

Basically, I think the government has an interest in deterring lawyers from representing political people. They have an even greater interest, perhaps, in deterring lawyers from representing Moslem defendants....But I don't think it's enough to say, "Oh, that's Moslems." Or "That's other people." Or "That's black people," or "Those were the Japanese." You have to be able to say, "This could happen to me. This could happen to someone I love. And I want lawyers to fully represent people."

I have also been told, "You shouldn't do all these interviews, Lynne, you're crazy." But I think, given the public perception of what is going on, that secrecy is a terrible thing.

I have to confront them and say, "Listen. I did nothing wrong. I'm a lawyer. I did what lawyers do." There are a hundred lawyers who would do exactly what I did. There are a million lawyers who would do almost exactly what I did. Because this is the way you have to represent clients.

Susie Day lives in New York City where she writes a humor column for feminist and gay publications. She has also written on U.S. political prinsoners and labor issues.