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John Walker Lindh to Plead Guilty [Complete story]
AP ^ | Monday, July 15, 2002 | By LARRY MARGASAK Associated Press Writer

Posted on 07/15/2002 7:46:47 AM PDT by JohnHuang2

ALEXANDRIA, Va., Jul 15, 2002 (AP Online via COMTEX) -- John Walker Lindh, the American captured in Afghanistan, has decided to plead guilty to charges he aided the Taliban and al-Qaida, his lawyer told a court Monday.

"There is a change in plea," defense attorney James Brosnahan told U.S. District Judge T.S. Ellis III.

Brosnahan told the court a deal was completed late Sunday night, on the eve of a hearing that was going to determine whether statements Lindh made to interrogators after his capture would be admissible in court.

Brosnahan did not immediately detail the specific pleas to each count or the terms of the deal, and the judge was explaining the consequences of a guilty plea to Lindh before any pleas were accepted.

The charges against Lindh, for which a trial had been set to begin on Aug. 26, include conspiracy to murder U.S. citizens, contributing services to al- Qaida and the Taliban and using firearms during crimes of violence.

Three of the 10 counts carry maximum terms of life imprisonment for Lindh, who was captured in early December and transferred to civilian custody in late January.

The plea decision even surprised the judge, who had opened the hearing by discussing procedures for protecting the identity of confidential witnesses in the proceedings planned for this week.

Ellis stopped when the defense attorney announced the plea change.

Lindh's parents, who are divorced, were in the courtroom for the announcement. Lindh sat at the defense table in his green prison jumpsuit and made no expressions as his lawyer made the announcement.

Lindh, a young man from a middle-class family in Marim County, California, broke onto the American scene in December when he was discovered among Taliban prisoners captured in Afghanistan.

With long hair and a beard, he gave a hpspital bed interview to a freelance reporter for CNN explaining describing his allegiance to the Taliban.

In military interrogations, he also claimed to have met Osama bin Laden once, government lawyers claim.

It was those statements that his lawyers were seeking this week to keep out of the trial before the deal was reached.

While Lindh's team had disputed government accounts of his statements, prosecutors contended that he described enlisting in the Taliban; training at a camp the government says was run by al- Qaida; meeting with bin Laden in Afghanistan in the summer of 2001; and learning from others at the camp that the al-Qaida leader had sent operatives to carry out suicide missions against the United States and Israel.

In advance of Monday's announcement, Lindh's lawyers had been plotting a strategy aimed at challenging the use in court of statements he made while still in Afghanistan. They had contended that the failure to tell him of his right to remain silent and have an attorney present violated his rights. They also had said that Lindh was malnourished, deprived of sleep, bound and blindfolded, conditions that should invalidate anything he said.

Prosecutors responded that the Miranda rule spelling out a defendant's rights has no place on the battlefield. They argued Lindh was treated as well as U.S. soldiers in the field.

By LARRY MARGASAK Associated Press Writer


TOPICS: News/Current Events
KEYWORDS: johnwalkertrial
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Monday, July 15, 2002

Quote of the Day posted by intolerancewillNOTbetolerated

1 posted on 07/15/2002 7:46:47 AM PDT by JohnHuang2
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To: JohnHuang2
Part of the agreement better be a core dump of everything he knows since he left the US.
2 posted on 07/15/2002 7:54:06 AM PDT by Semper Paratus
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To: JohnHuang2
I heard this story on a SF news station, then Liberal flack Mark Sandalow's spin on it: That although nothing in this case has gone Walker's way, his guilty plea did a favor for the prosecution.
3 posted on 07/15/2002 7:56:41 AM PDT by martin_fierro
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To: martin_fierro
Mark Sandalow and Jihad Johnny: Two peas in a pod.
4 posted on 07/15/2002 7:58:49 AM PDT by JohnHuang2
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To: JohnHuang2
Seriously. Tortured legal analyses like that amount to Cruel & Unusual Punishment.
5 posted on 07/15/2002 8:00:03 AM PDT by martin_fierro
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To: *John Walker Trial
Index Bump
6 posted on 07/15/2002 8:00:12 AM PDT by Free the USA
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To: JohnHuang2
Just heard the news, and to be frank I'm disappointed. They should have let it go completely to trial with a full court jury. Now the guy gets away with only 20yrs in prison and will be let loose at the age of 41 to come back and attack us on our soil! I bet the first thing he will do in prison is join up with his SO CALL peaceful religion muslim friends. This does not look good for the govt.! And I know I'm not the only one UPSET! The jury would have FRIED the traitor commie diaper head in a heartbeat!
7 posted on 07/15/2002 8:01:05 AM PDT by RoseofTexas
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To: martin_fierro
Exactly.
8 posted on 07/15/2002 8:06:51 AM PDT by JohnHuang2
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To: RoseofTexas
Will he even stay in prison for twenty years? That is what he faces, but will he do it? This man should never have ended up in our court system.

If we had caught Americans fighting with the enemy in Vietnam, I doubt that he would have left the country alive.

9 posted on 07/15/2002 8:08:32 AM PDT by Don Myers
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To: JohnHuang2
Looks like they were not going to get the statements tossed. And that meant Johnny Taliban was toast.

The attorney cut a deal, and Johnny had better sing like a canary.
10 posted on 07/15/2002 8:08:58 AM PDT by hchutch
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To: hchutch
Johnny had better sing like a canary

I seriously doubt Johnny knows anything of any value -- except perhaps who specifically in this country recruited him. Even that may not be acted upon, given the FBI "sensitivity" to Muslims.

This case was apparently over-hyped by the DOJ. 20 years (at the most) is a joke, and IMO, should encourage other American jihadists to carry on.

Fox reporter said Walker gave his family a big smile in court today.

11 posted on 07/15/2002 8:17:41 AM PDT by browardchad
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To: hchutch
NO he won't! He won't even peep at all! How do I know this, Johnny's lawlers learned and studied CLINTON 101 extremely well! Cut a deal, go to jail and keep mouth shut! A LA HUBBEL STYLE! How many times did the govt. got burned by the butt kissing clinton cronies?! Toooo many to count!
12 posted on 07/15/2002 8:20:03 AM PDT by RoseofTexas
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To: browardchad
20 years (at the most) is a joke, and IMO, should encourage other American jihadists to carry on.

I wonder what the wife and child of the CIA man Johnny helped kill thinks about this? Johnny's probably eligible for parole in two weeks! Traitor should have gotten the needle, I am disgusted with DOJ.

13 posted on 07/15/2002 8:28:37 AM PDT by justanotherfreeper
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To: JohnHuang2
This was not a plea bargain. A plea bargin requires the participation and approval of the judge. The stories say the judge was surprised. In fact thejudge started this court sessions going over the rules for some evidence in the coming trial. He would not have done that had he been part of a plea bargain.

Under the law the prosecution has to present its entire case to the defense well before trial. That is the only way a defendant can refute what the state has as evidence. This is important for people who are not quilty. If a defendant is truly not guilty, someone or something must have convinced the prosecuters that the defendant did the crime. A defendant can not refute trumped up evidence, he does not know about until it is presented in court.

What happens when a defense attorney sees the full case against his client is very revealing. If council determines there is zero chance of a not quilty verdict, he will next try to plea bargain for his client.

To do that he goes to the prosecuter. If they work out a deal they both go to the judge for approval. Since plea bargains contain an agreement on punishment they have to get the judge to sign off on punishment. If the judge refuses there is no plea bargain.

In this case the prosecuter must have said no plea bargain. So they never went to the judge. That is why the judge had obviously done the work of writing up rules on admission of some evidence. That is why the judge was surprised.

That means the defendant was told by the prosecutor... there will be no plea bargain. The defense council must have told Lindh it is ceratin the jury will give you maximum sentence. A judge may give you less if all the evidence does not become public. That is your best chance. But this is a gamble with no idea of what the judge may do.

There is nothing to indicate that this judge will not throw the book at Lindh. It is illegal for an attorney to go to the Judge and say what will you give my client if he pleads guilty. That is not allowed. It certainly would not be done by a judge in this case. Any attorney dumb enough to try it would be disbarred. If a judge did it and it leaked the judge would be disbarred as well.

This is pure and simple a case of ....there is no hope. Lindh was clearly told his only chance was to throw himself on the mercy of the court.

I would dearly love to see the full case against Lindh. But there is nothing the prosecuter can do when the accused pleads guilty. There will be no trial.

14 posted on 07/15/2002 8:32:15 AM PDT by Common Tator
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To: Common Tator
Thanks for the clarification. I tried to get a number of opinions from the talking heads and all I got was spin.
15 posted on 07/15/2002 8:38:55 AM PDT by shadeaud
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To: justanotherfreeper
am disgusted with DOJ.

What could have happened at a trial?

The jury could have found him guilty as charged on all counts or quilty on some and not guilty on others or innocent on all.

The best that could happen if it went to trial is for the jury to find Lindh guilty as charged.

Lindh just pleaded guilty as charged.

Could a jury have found hime more guilty as charged than his admission that he is guilty as charged?

The only way a prosecuter could to be certain that this went to trial was to charge him with something he was not guilty of or make such a weak case the defense thought they could beat it. Then the jury could have found him innocent on some charges and guilty on others or innocent on all. Imagine what the media would have made of Johnny being found innocent on some charges.

Only a blithering idiot could imagine there is a better prosecuter performance than the defendant, after seeing the case against him, entering a plea of guilty as charged.

The perfect prosecution is when it causes the defendant to plead guilty as charged.

Only prosecutions that are faulty produce a not guilty pea.


16 posted on 07/15/2002 8:54:07 AM PDT by Common Tator
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To: Common Tator
What could have happened at a trial?

He could have been sentenced to death. I know the case was complicated, but why didn't the DOJ go for treason, which has the death penalty? He's a young guy -- why not 30 years, which is still better than life? I will be less upset if it's 20 years without a day of parole, but since all the reports I have seen so far don't say anything about parole, I have to assume he is eligible.

Let me ask you: would you want to go to the wife of that CIA man who was killed (I'm blanking on his name) and say "Well, we know he helped the guys who killed you husband, but he'll be out in ten years with good behavior"? I have a brother who served on the USS Peleliu up through February of this year -- forgive me for being emotional, but I want the guy fried.

17 posted on 07/15/2002 9:25:04 AM PDT by justanotherfreeper
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To: browardchad
Considering he was facing death, he has reason to smile.

President Hillary could even commute his sentence as she leaves office.

18 posted on 07/15/2002 10:36:12 AM PDT by weegee
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To: RoseofTexas
Didn't Hubbel die in jail? Prof J Johnny John Lindh Lennon DooDoo Walker had better take care of his health if he wants to survive prison.
19 posted on 07/15/2002 10:37:53 AM PDT by weegee
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To: JohnHuang2
I guess I'm in the minority thinking that 17 years is about right for this kid.

From the beginning, I've simply not been interesting in lopping his head off. He's very youg, grew up in a wacked liberal household. Who knows, if the brainwashing can be reversed maybe he'll turn out to be a Super Patriot.

I see no reason to scotch his entire life for an action that really did not materially damage the U.S.

20 posted on 07/15/2002 10:38:02 AM PDT by Interious
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