John Walker Lindh

John Phillip Walker Lindh (born February 9, 1981) is an American citizen who was captured in Afghanistan during the 2001 invasion of Afghanistan while fighting for the Taliban. His capture made worldwide headlines, and the media dubbed him the "American Taliban."

Trial

On February 5, 2002, Walker was indicted by a federal grand jury on ten charges, including conspiring to support terrorist organizations and conspiring to murder Americans. The charges carried three life terms and 90 additional years in prison. On February 13, 2002, he pleaded "not guilty" to all ten charges.

Related Topics:
February 5 - 2002 - Grand jury - Terrorist - February 13

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Complicating the prosecution was the nature of the confession. Photos emerged from Lindh's captivity of him being held naked and tied-up, wearing an obscenity-covered blindfold. When details of the conditions of his captivity began to emerge, it was discovered that he had initially been wounded and hid for a week with limited food, water, and minimal sleep in conditions of freezing water before being captured. After being captured and taken to a room with the only window blocked off, Lindh had his clothes cut off him and was duct-taped to a stretcher and placed in a metal shipping container for transportation. When interrogated, he was denied a lawyer despite several requests, and was threatened with denial of medical aid if he didn't cooperate.

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The court scheduled an evidence suppression hearing, at which Walker would be able to testify about the details of the torture to which he was subjected. The government faced the problem that a key piece of evidence—Walker's confession—might be excluded from evidence as having been forced under duress. Furthermore, the hearing would turn a spotlight on the way that U.S. soldiers had conducted the interrogation.

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To forestall this possibility, Michael Chertoff, the head of the criminal division of the Justice Department, directed the prosecutors to offer Walker a plea bargain: He would plead guilty to two charges — serving in the Taliban army and carrying weapons. He would also have to consent to a gag order that would prevent him from making any public statements on the matter for the duration of his twenty-year sentence, and he would have to drop claims that he had been mistreated or tortured by U.S. military personnel in Afghanistan and aboard two military ships during December 2001 and January 2002. In return, all the other charges would be dropped.

Related Topics:
Michael Chertoff - Plea bargain - Gag order

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Walker accepted this offer. On July 15, 2002, he entered his plea of guilty to the two remaining charges. The judge asked Walker to say, in his own words, what he was admitting to. "I plead guilty," he said. "I provided my services as a soldier to the Taliban last year from about August to December. In the course of doing so, I carried a rifle and two grenades. I did so knowingly and willingly knowing that it was illegal." On October 4, 2002, Judge T.S. Ellis formally imposed the sentence: 20 years without parole.

Related Topics:
July 15 - 2002 - October 4 - T.S. Ellis - Parole

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Walker's attorney, James Brosnahan, said Walker would be eligible for release in 17 years, with good behavior. This is because, although there is no parole under federal law, his sentence could be reduced by 15 percent, or three years, for good behavior. In addition, Walker agreed to cooperate "fully, truthfully and completely" with both military intelligence and law enforcement agencies in the terrorism investigation, and any profits Walker might make from telling his story will be taken by the government.

Related Topics:
James Brosnahan - Parole - Military intelligence - Law enforcement

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