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Grex Agora41 Item 276: Judge rejects 'US Taleban' plea
Entered by polytarp on Tue Jun 18 22:18:53 UTC 2002:

A US federal judge has rejected a plea by lawyers representing an American
accused of being a Taleban fighter to move the case to a different courthouse
or dismiss it altogether. 

Judge T S Ellis' decision clears the way for the government to proceed with
its case against John Walker Lindh on charges that he conspired to kill
Americans. 

Mr Lindh's lawyers had argued that he could not get a fair trial at a
courthouse just over 14 kilometres (9 miles) from the site of the 11 September
attack on the Pentagon. 

They also defended Mr Lindh's right to associate with the Taleban and
suggested he had joined the Afghan militia to serve as a soldier. 

Federal prosecutors countered that the defendant had been involved with
"violent groups" and argued that a jury sitting in the court in Alexandria,
Virginia, would be as objective as any other in the United States. 

The judge appeared to agree, ruling that: "This defendant can receive a fair
trial here as well as elsewhere." 

'20th hijacker' requests 

Some of the same concerns have also been raised by Zacarias Moussaoui, the
only person to be facing charges directly connected to the 11 September
attacks. 

Mr Moussaoui, whom prosecutors say would have been the "20th hijacker" on
board planes crashed deliberately in New York and Washington if he had not
been arrested, has filed several motions asking for all charges to be dropped
or his trial to be moved. 

The papers were released by US District Judge Leonie Brinkema in Alexandria,
Virginia, who has been handling his case. 

She released a total of 15 motions - some of them handwritten in English -
as well as appointing a new lawyer for Mr Moussaoui who has said he wants to
represent himself.

'Bent on violence' 

In his case, George Harris, a lawyer for Mr Lindh, declared: "You can't charge
a soldier with murder for simply being a soldier." 


The lawyer accused the US Government of building a case against Mr Lindh -
arrested in Afghanistan last year - of "guilt by association rather than
individual culpability". 

His client, he argued, had joined the Taleban to help fight rival Afghan
forces and not to help al-Qaeda attack the US. 

Another lawyer, James Brosnahan, said the government had deliberately chosen
to try Mr Lindh near the Pentagon. 

"That is not the environment where John Lindh can get a fair trial," he said.


A jury is due to be selected in late August, meaning that the trial will be
under way when the first anniversary of the 11 September attacks occurs. 

The defence has been pressing for the trial to be switched to California,
where Mr Lindh grew up. 

Assistant US Attorney John Davis insisted Mr Lindh's case was "not about
association, but about acts of violence with groups bent on violence".

4 responses total.

#1 of 4 by oval on Wed Jun 19 02:08:59 2002:

Shut up, polytarp.

#2 of 4 by polytarp on Wed Jun 19 14:57:14 2002:

Either way, fuck you!

#3 of 4 by vmskid on Thu Jun 20 12:49:46 2002:

Why not just send him back to Afghanistan? I understand the Taleban 
need all the help they can get now.

#4 of 4 by bhelliom on Fri Jun 21 17:30:12 2002:

This is pretty much a lose/lose situation for the guy, anyway.  His 
greatest punishment would be to remain here in the US. Even if he is 
found innocent, which is highly unlikely for obvious reason, he would 
be a national pariah to all except his family.  The impact of 9/11 and 
the aftermath pretty much assures that.

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