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 didnt 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 Talibans cause was the right one, he said, Definitely.
TREASON TOUGH TO PROVE
Some United States officials favor charging Walker, who goes by his mothers 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 theres 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.
Walkers fate has been a growing side story to Americas 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 Walkers 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 thats why he is classified properly as a battlefield detainee, and hes 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.
Good catch, ImpBill! Now it begins to make more sense. The liberal media, however, is just joyous at these reports. YaYa123 wonders if this might be a trial balloon by the DOJ, but after reading your comments, I'm wondering if it's a trial balloon sent up by the liberal press, in an attempt to steer the trial in a certain direction. (And I note that they have many helpers here on Free Republic, too.)
For what it's worth, I've noticed that most of the attorneys saying this are liberal attorneys. If you read the entire article and section of the Constitution (III/3), you'll see that (1) war need not be declared for it to be applied, and (2) merely giving "aid and comfort" to the enemy is enough grounds. Last night I caught a few minutes of Nightline, and noticed that even the creepy attorney Kuby (don't recall his first name), although mentioning possible defenses, thought Walker might be in deep trouble.
Folks, until we hear something directly from the admin on this issue, let's not assume that these "opinions" being expressed via NBC and Reuters came from anyone who has a say about what's going to happen. Let's wait for a direct statement. Perhaps in one of today's press conferences, a reporter will ask the question, and someone will give an answer. Then we can either relax, or get our dander up, whichever applies.
And then relocate him in New York City. Absolutely free. Pay for a week's worth of apartment rental; that should about do it.
I'm tempted to say that.
But it would be wrong.
Dan
(c;
Prison would likely be a quick death sentence anyway. Just not as neat or orderly as a needle. Sort of like Dahmer.
However, he should be treated like the traitor he is and left to rot without a country. He should be left to the local (Afgahnistan) law to deal with. He has given up his citizenship and should not be afforded any rights as a citizen of our republic.
The White House Mailing Address:
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
The White House Phone Numbers:
SWITCHBOARD: 202-456-1414
FAX: 202-456-2461
202-456-6213 Comment Line
President George W. Bush: president@whitehouse.gov
Vice President Richard Cheney: vice.president@whitehouse.gov
Heat up the White House with your calls, e-mails, faxs and comments and let our President know this man is a traitor and anything less is not an option!
This Jihad Jonny Walker is a f**king TRAITOR, and all this trying to smooth over his actions is pure unadulterated gutless crap! He is cut from the same cloth as that other John Walker who sold out to the Commies.
I have no pity on him.
I know, if I were a 16 year old boy whose father
left the family to live with another man, yes, I'd be devastated,
and hate the American & Marin County lifestyle.
However, this kid knew the Koron inside and out.
There are very specific rules of engagement listed in the Koron.
Under no circumstances can women and children be killed.
I can understand having a little pity for the illiterate
Pakistanis who can't read the Koron, but not this a**hole.
At least he wasn't given immunity for any information he could have provided (though I doubt he knows a thimble-full). And this, does, by the way, smack of a "deal."
You know what? I think this is turning into a prime example of mistaken reporting, and bad FR headlines. "Report: Treason charges ruled out" is totally bogus.
Since I first replied on this thread, I've listened to replays of Pete Williams' report. He makes no definite proclamations, in fact all he basically said yesterday, is what Jim Angle reported this morning.
By your words you will be justified, and by your words you will be condemned.
(Not by the loony left American press, though.)
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