Posted on 12/20/2001 1:34:03 AM PST by mdittmar
Prosecutors are preparing to charge American Taliban John Walker Lindh with violating a recently passed federal law that makes it a crime to provide support to terrorists, U.S. officials told NBC News’ Pete Williams. The Justice Department has apparently ruled out charging him with treason, given the demanding legal standard set by the Constitution and the difficulty of finding witnesses from the Taliban who would testify against Walker.
INSTEAD, WALKER is to be charged with providing material support to a terrorist organization. The maximum penalty for a conviction on that charge is life in prison, under the just-passed USA Patriot Act, “if death resulted from the offense.” By contrast, the maximum penalty for treason is death.
The 20-year-old Californian was captured earlier this month after a prison uprising during which CIA agent Mike Spann was killed by Taliban fighters.
Officials told NBC News that Walker could be formally charged within the next few days.
WALKER SPEAKS
On Tuesday evening, CNN broadcast excerpts of an interview with Walker in which he said he did not participate in the uprising, but was in a basement where many of his comrades were killed.
“I was in the basement the whole time,” Walker said in the interview, taped Dec. 2. “I didn’t see what was going on. I just heard.”
He called the uprising “a mistake of a handful of people” and said, “This is against what we had agreed upon, and this is against Islam. It is a major sin to break a contract, especially in military situations.”
Asked if the Taliban’s cause was the right one, he said, “Definitely.”
TREASON TOUGH TO PROVE
Some United States officials favor charging Walker, who goes by his mother’s last name, in a military court-martial, not a civilian court. But legal scholars say that would not be a good fit.
Gene Fidell, a military law expert, said a court-martial is only for a member of the U.S. military or someone who has committed a war crime.
“Apparently there’s no indication Mr. Walker committed what are known as ‘war crimes,’” Fidell said.
As for treason, proving that charge against an American citizen like Walker is particularly difficult because the Constitution requires either two eye witnesses to testify or Walker to confess in court that he fought against the United States.
The last person convicted of treason was Tomoya Kawakita, a Japanese-American sentenced to death in 1952 for tormenting American prisoners of war during World War II.
For now, Walker is in military custody on a Navy ship, and prosecutors have not yet decided where in the United States to take him to face charges.
“He is being given all his rights, which are far more than the rights the Taliban or the al Qaida extended to anybody living there,” said White House spokesman Ari Fleischer.
Administration officials say the president is keeping close tabs on the case.
WALKER DENIED LAWYER
The White House said Wednesday the U.S. denial of a lawyer for Walker was appropriate because he is a “battlefield detainee” governed by the Geneva Convention.
Walker’s fate has been a growing side story to America’s war in Afghanistan, with a debate breaking out over how he is to be treated after leaving his home country to join up with the Taliban.
Some legal experts questioned Walker’s treatment, insisting he was entitled to a lawyer under the U.S. Constitution.
His family has demanded he be allowed to see an attorney. His parents, Frank Lindh and Marilyn Walker, have attempted to portray their son, who converted to Islam at the age of 16, as a misguided idealist rather than a hard-core Muslim extremist.
“He is being treated as someone who fought against the United States in an armed conflict, and that’s why he is classified properly as a battlefield detainee, and he’s being treated well,” said Fleischer.
Walker has told U.S. authorities he was a member of al-Qaida, the militant network led by Osama bin Laden that Bush blames for the Sept. 11 attacks, Pentagon officials said.
So we only go for the sure thing, is that what this is? I had thought Bush was more courageous than that. Prosecutors can and do try people on several charges at once. Juries decide which ones are going to "stick." That's how it should be here. Charge 1--treason, to be followed by the lessar charges, as appropriate. If the jury doesn't convict, that's a sad outcome, but at least the case was tried in a court of law. What's the matter with these people? Have they been bitten by the Clinton bug? Will they only do something if the polls approve? I really did expect better from this admin!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.