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SOME CLARIFICATION CALLED FOR ON DIVERSITY CASE COMMENTS I note that Mr. Quentin L. Kopp criticized what I was “reported” to have said in the Legal Times in re the oral arguments in the Seattle and Louisville Public School Students diversity cases ["Coleman's reasoning flawed in race-based programs case," Letters to the Editor, Dec. 29]. I would appreciate it if you would call Mr. Kopp’s attention to the following: 1) Jack Greenberg is not black; 2) I would add to the group of lawyers I wish had made the argument Louis Pollak, Lee Rankin, Phil Elman and Paul Freund among others; and 3) To the best of my knowledge and recollection, I never said “or myself.” The point I was trying to make is that there is a group of lawyers, white and black, who applied a lot of effort to make the Fourteenth Amendment, after the false start of Plessy v. Ferguson, and even beyond that, the Dred Scott case, what was really intended and also a lot of effort to eliminate the intentional discriminatory use of race from American life. I would suggest that Mr. Kopp spend a weekend reading or re-reading [Richard] Kluger’s book on “Simple Justice” and perhaps also take a look at Google with respect to William T. Coleman Jr.

William T. Coleman Jr. Washington, D.C.

MAYBE NO TEARS FOR STEWART BUT HOW ABOUT FOR OUR RIGHTS Steven Lubet’s characterization of Lynne Stewart’s “crimes” as being “dreadful” and his own sanctimonious incredulity that her conviction will have a chilling effect on other criminal defense lawyers who might otherwise represent unpopular clients involved in unpopular causes shows a naivete, reserved perhaps for those holed up too long in an Ivory Tower ["Shed No Tears," Jan. 5]. Ms. Stewart’s indictment was based on secret surveillance tapes of conversations between her and her client dating back 2 1/2 years earlier. It was in the wake of 9/11 and the passage of the highly repressive Patriot Act that the government indicted Stewart. The arrest itself was cause for much fanfare, complete with news images of agents leaving Ms. Stewart’s office, hauling boxes of her legal documents. Not to mention the unusual guest appearance of then-Attorney General John Ashcroft on the David Letterman show to announce the indictment. There can be no mistake that Lynne Stewart’s indictment and prosecution were politically motivated. The U.S. Justice Department clearly meant to make an example out of an attorney with a long history of progressive politics as well as vigorous advocacy on behalf of her not-always-popular clients. No one is asking Lubet to feel sorry for Lynne Stewart, least of all Stewart herself. Instead, we should all feel sorry for the loss of integrity in the criminal justice system and the whittling away of our constitutional rights.

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