The Lindh E-Mails, DOJ's Own Lawyers Raised Questions About The Case Against Lindh

Newsweek ^ | June 24 issue | Newsweek

[Asmodeus]

When Attorney General John Ashcroft announced the indictment of John Walker Lindh, he said the rights of the 20-year-old

[eureka!]

W really has to do something about Clinton holdovers. This is privileged stuff and somebody needs to be held accountable for the leak. Not holding my breath though. Lastly, must be nice to have the pressholes on the defense team...

[Shermy]

So how did Newsweek get the e-mail?

[Militiaman7]

Why are we worrying about the rights of a traitor?

Some people in this country need to get their heads out of their rectums use a little common sense.

[William Tell]

One thing that appears clear is that all of the agencies involved had a chance to make their concerns known. It will not be possible to claim that the confusion of war caused inadvertant damage to Lindh's rights. Any damage was considered and undertaken by the government after consultation with those who are paid to know.

The venue shopping which allowed the government to avoid the Ninth Circuit is particularly interesting, because the Ninth deserves to be saddled with a case which would cast them in a bad light since they do not seem to understand the Second Amendment.

This case will be a loser for everyone who touches it and the Ninth Circuit deserves a share of that.

[William Tell]

Militiaman asks: "Why are we worrying about the rights of a traitor? "

Be careful what you wish for. Many people believe that anyone who calls himself a "Militiaman" is a traitor who has taken up arms to oppose our government. Wasn't McVeigh a "Militiaman"? I am sure that many think so.

The number of people who have been killed or imprisoned for keeping and bearing arms is still growing. I think it is a poor time for dumping human rights.

Our Founders went to extra trouble to define and set higher standards for charges of "treason". The reason is because every one of them would have been hanged by King George as a traitor to the crown.

Perhaps you could explain who the two witnesses are against Lindh and what was "the same overt act" witnessed by both of them?

[marajade]

Most email is considered public record unless it is classified, which I believes involves some sort of process.

[PLK]

inside the Justice Department, not everybody was convinced

I hope Bush now realizes the folly of allowing Clinton administration staff to remain in place after his election.

[300winmag]

“At present we have no knowledge that he did anything other than join the Taliban,” one wrote.

This "other than" in and of itself should have earned Johnnie Jihad a bullet behind the ear. Under American law, which this anonymous legal puke (and probable klinton holdover) shows no evidence of knowing, Johnnie rejected his American citizenship, and joined a group of brigands who have ZERO rights under the Geneva Convention.

As usual, liberals expect to enjoy the best of all possible worlds. They go through life knowing that nothing bad can be allowed to happen to them, even when they make very bad decisions.

[RightOnTheLeftCoast]

On the thread Judge Won't Dismiss Walker's Indictment was a particularly excellent post by Young Werther: ----------

So he wants to be treated as a soldier?

(1)To whom had he sworn allegiance.

(2)Where were his uniform and insignia as called for under the Geneva Convention.

Action # 1 means that he has relinquished his citizenship. Ergo, assign him to a military tribunal.

Action # 2 means he can be prosecuted as a spy. Hang his sorry Taliban ^SS!

7 posted on 6/17/02 4:17 PM Pacific by Young Werther

[Militiaman7]

I'm a 20 year veteran of the American Military. I am a Militiaman as described by the 2nd Amendment of the US Constitution (A well regulated militia).

I'm sure there are two witnesses who saw Jonny (Taliban) Lindh drug out of the hole he was hiding in. I reasonably believe the people in that hole were firing/had been firing at US troop and not having an afternoon tea party.
Secondly I believe Lindh had knowledge of the uprising that caused the death of the CIA Agent and just kept quiet hoping he could use the confusion to get away.

Go back to your crossbow you need to work on your aim!

[William Tell]

Militiaman7 said: "I'm sure there are two witnesses who saw Jonny (Taliban) Lindh drug out of the hole he was hiding in."

Perhaps I haven't remembered correctly. I thought Lindh was among a group of Taliban who surrendered to Northern Alliance troops. I can't imagine dragging an armed enemy soldier out of a hole. If he wasn't armed, then just exactly what could have been witnessed? I don't know if a jury could be convinced that hiding in a hole is an overt act of treason. You are suggesting that two of the captors saw Lindh armed on the battlefield and could testify to that. If being an armed Taliban in the place were Lindh was seen and at the time he was seen constitutes treason (that is, it can be established that the Taliban were an enemy of the US) then there is a chance that a charge of treason could be successfully pursued. It might also be necessary to show that Lindh knew that the Taliban were an enemy of the US at that time.

The fact that the government has not included that charge, indicates that they probably can't prove the charge. The Supreme Court will probably find that the charges being made are a transparent attempt to find Lindh guilty of treason without charging him with treason and without meeting the Constitutional requirements.

[sharkdiver]

This dirtbag gave up any rights and protection that he may have been granted by the Constitution when he took up arms against the United States. He knowingly took up arms with the intention of killing American servicemen. I have never read anywhere that he was kidnapped and force fed the teachings of OBL. He made the decision. He gave up any protection that he may have been afforded by the Constitution.

[JSteff]

The number of people who have been killed or imprisoned for keeping and bearing arms is still growing. I think it is a poor time for dumping human rights.

Will, there is a huge difference between gun holders in this country who are citizens and a wacked kid who was in the country of a combatant against us. Don't confuse the two. What is happening with gun rights here bears little semblance with Lindh and what he did.

[William Tell]

JSteff said: "What is happening with gun rights here bears little semblance with Lindh and what he did."

I don't treat the Constitution like a menu where we can just pick and choose which protections we will recognize on a given day and which we shall ignore. If people have a right not to incriminate themselves, then we all have that right, including Lindh. If the Constitution requires two witnesses to bring a charge of treason, then it applies no matter who is charged and no matter how we disguise the charges.

One of the charges against Lindh is equivalent to keeping and bearing arms while doing something bad. Does that mean we can charge someone with voting while double-parked? Or checking a book out of a library while under a restraining order? My rights are more valuable than punishing this idiot.

I can hardly believe that the Supreme Court of the US just ruled that armed police may board a bus and request to search people without probable cause that a crime has been committed. No good will come of this.

[JSteff]

I can hardly believe that the Supreme Court of the US just ruled that armed police may board a bus and request to search people without probable cause that a crime has been committed. No good will come of this.

I did not hear of that. Do you have a link?

[vannrox]

Where is the BARF alert? Of course this is from a most insanely liberal rag....