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Report: Treason charges ruled out
NBC, MSNBC AND NEWS SERVICES ^ | Dec. 19 | NBC News’ Pete Williams, MSNBC’s Jonathan Dube and Reuters contributed to this report.

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.


TOPICS: Breaking News; News/Current Events
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To: ImpBill; YaYa123
"Libs and other agents provacateur always tip their hand somewhere in their words. "Bush Blames"? What part of the planet does the pinhead that wrote that line live? He/She/It more than likely are part of the crowd that believes this whole episode in our history lays at the feet of Anton Scalia and the SC."

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.)

61 posted on 12/20/2001 5:36:08 AM PST by MizSterious
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To: golitely
Johnny Taliban Walker Lindh very likely committed outright murder of an American to prove loyalty to the al Queda leadership. They are gangsters just like our Crips and Bloods who demand absolute loyalty of their gangsters. He needs intense interogation.
62 posted on 12/20/2001 5:44:58 AM PST by Broker
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To: Credo
"From what I can tell, Treason would be constitutionally hard to prove."

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.

63 posted on 12/20/2001 5:45:31 AM PST by MizSterious
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To: alien2
Defining "Terrorist" is not an issue here. Walker renounced his citizenship by taking up arms against the USA. (Read your passport if you have one) He cannot be tried for treason since he is no longer a citizen! He can be tried for a host of other wartime offenses though. Have a nice day!
64 posted on 12/20/2001 5:47:41 AM PST by Don Corleone
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To: Don Corleone
If that is the case then he can be tried in a military tribunal. The whole reason given by Bush and the administration that he would not be tried in a tribunal was that it was not intended for U.S. citizens. What can he be charged with in a military tribunal??
65 posted on 12/20/2001 5:51:06 AM PST by WatchOutForSnakes
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To: sadimgnik
My personal opinion is that Walker should be given the same sentence as Philip Nolan in "The Man Without A Country." His family should be sentenced to therapy with Dr. Laura.
66 posted on 12/20/2001 6:05:16 AM PST by miss marmelstein
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To: mdittmar
I am hearing different things on what the penalty would be under this charge. I heard on CBS this morning that the maximum sentence is 10 years under this charge. Now this is saying life in prison is the maximum. Fox is also saying life is the maximum. It was the 10 year sentence that got me so angry. If it's life without parole I guess I could live with that, but to me he is still a traitor. One more thing...why is there so much different information being reported as fact by the different networks and they almost always disagree? Don't these guys ever check facts anymore before reporting anything??
67 posted on 12/20/2001 6:08:03 AM PST by WatchOutForSnakes
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To: mdittmar
Well, I'm very tempted to say that I would go even farther than this. I'm very tempted to say that I would pardon Walker.

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;

68 posted on 12/20/2001 6:10:01 AM PST by BibChr
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To: mdittmar
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.

Prison would likely be a quick death sentence anyway. Just not as neat or orderly as a needle. Sort of like Dahmer.

69 posted on 12/20/2001 6:13:19 AM PST by AUgrad
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To: Disgusted in Texas
He is a traitor, but he is not guilty of treason. Treason is reserved for X42 and others who use their US position to work against the country. This idiot left the country and was working with our enemies, not staying here and selling nuclear technology to OBL.

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.

70 posted on 12/20/2001 6:21:30 AM PST by antidisestablishment
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To: WatchOutForSnakes
Here you go gang, Freep the White House, let them know this John Walker is an out and out traitor!

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!

71 posted on 12/20/2001 6:30:26 AM PST by yoe
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To: abwehr
And how long do you suppose he'll last in prison?
72 posted on 12/20/2001 6:46:20 AM PST by SoDak
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To: mdittmar

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.

73 posted on 12/20/2001 6:58:25 AM PST by Colt .45
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To: mdittmar
Let me tell you how stupid this is.
What are the chances he'll be sentenced to life? Get real.
He'll have the best lawyers money can buy
(here comes Johnny Cochran or Gerry Spence)
and sooner or later he'll be out on the street, a hero to every Islamist.

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.

74 posted on 12/20/2001 7:01:20 AM PST by japaneseghost
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To: mdittmar
This will not go over to well,will it.

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."

75 posted on 12/20/2001 7:06:22 AM PST by bloodmeridian
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To: alien2
Yet another socialist invades Free Republic to trash conservatives. Move on socialist, nothing to see here. If you hate us so much, why bother to come here? Because you know we on the right are "right" is because. Enjoy your socialism commie.
76 posted on 12/20/2001 7:18:41 AM PST by RetiredArmy
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To: golitely
Jim Angle reporting for FOXNews, from the White House, says the President still has not made up his mind.

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.

77 posted on 12/20/2001 7:22:04 AM PST by YaYa123
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To: mdittmar
The problem with the treason charge is that mobilizes the entire liberal establishment (media, politicians, celebrities, academics, etc.) against any successful prosecution. Hell, the whole left has been more or less treasonous for decades - treasonous in the sense that they were actively hostile to the founding principles, and either sympathetic to or active participants in efforts to hamstring the US. Better to go after Abdul Hamiz (why do they always respect blacks decision to pass by an adopted muslim name, but not the decision of the Marin talib?) under some sedition or conspiracy charge. He probably won't last long in the slammer anyway.
78 posted on 12/20/2001 7:35:53 AM PST by thucydides
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To: mdittmar
Hand Walker over to the survivors of those killed on 911. In fact why not bring all captured taliban and al quida prisoners to the US and feed them to the lions during half-time on Super Bowl Sunday.
79 posted on 12/20/2001 7:50:00 AM PST by kimosabe31
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To: mdittmar
Asked if the Taliban’s cause was the right one, he said, “Definitely.”

By your words you will be justified, and by your words you will be condemned.
(Not by the loony left American press, though.)

80 posted on 12/20/2001 7:58:10 AM PST by pray4liberty
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