Hard Cases Make Bad Law--and Bad Laws Make Hard Cases

I've been pondering the recent Lynne Stewart sentencing, the lawyer who received two years plus recently for aiding and abetting "turr."

The first half of the title is an old lawyer saying, and it is certainly true. So is my addendum, this case involved some horrific laws.

Here is a good breakdown on the case, with solid legal analysis. Ms. Stewart clearly violated her "agreements" with the government, but the imposition of such restrictions on counsel virtually nullify the notion of "effective assistance." She violated these restrictive agreements by 1) meeting and discussing with her clients and 2) making a statement to the media on a matter of public interest.

This prosecution involves so many things beyond one defendant--constitutional rights to counsel and of free speech, the propriety of surveillance and attorney-client privilege. Beyond that, the Bush Justice Department has fired a rather clear shot across the bow of the defense bar. That "shot" says that you represent "terrorists" at your own risk.