NewsMine — war-on-terror — afghanistan — John-Walker-Lindh — Viewing Item

Lindh cites first amendment { May 16 2002 } Original Source Link: (May no longer be active)    http://webcenter.newssearch.netscape.com/aolns_display.adp?key=200205151929000143399_aolns.src http://webcenter.newssearch.netscape.com/aolns_display.adp?key=200205151929000143399_aolns.src Thursday, May 16, 2002 Lindh Cites First Amdendment ALEXANDRIA, Va. (AP) - California-raised John Walker Lindh had a constitutional right to associate with al-Qaida and another U.S.-identified terrorist group, his lawyers argued Wednesday in seeking dismissal of most counts in his indictment. Eight of 10 counts amount to guilt by association because there's no proof that Lindh intended to further illegal aims of the two organizations, the written motion said. Lindh's defense team has filed a series of pleadings this week that, together, seek dismissal of the entire case against the former Taliban infantryman. He is accused of conspiring to murder U.S. nationals, providing support to foreign terrorist organizations and using firearms during crimes of violence. Three of the counts carry maximum life sentences and the others have combined penalties totaling 90 years imprisonment. ``Central to First Amendment freedoms is the right to associate with unpopular and disfavored groups,'' said the written motion. The motion asserted the Supreme Court, at least five times, has held that an individual cannot constitutionally be punished based solely on association with an organization. In charging Lindh with aiding al-Qaida and Harakat ul-Mujahidin, a group that has operated in Kashmir, the indictment alleges that Lindh received training from the groups and served in combat against the anti-Taliban Northern Alliance, the motion said. This association was not illegal, the defense asserted. ``The indictment does not allege that Mr. Lindh provided al-Qaida with anything,'' the motion said. ``The government seeks to penalize Mr. Lindh ... for allegedly providing himself to HUM and al-Qaida.'' In a separate pleading, the defense challenged the constitutionality of the last count, charging Lindh with carrying firearms during crimes of violence. Since the allegations of aiding terrorist groups do not allege crimes of violence, the firearms count should be thrown out, the defense said.

American holy warriors { July 16 2002 } American taliban seeks commuted sentence Fair trial { June 17 2002 } John walker fights back in court { April 1 2002 } Lindh cites first amendment { May 16 2002 } Lindh pleads guilty to aiding taliban { July 16 2002 } Lindh tied to cia agent killing conspiracy { June 5 2002 } Takoma parents speak for lindh { July 16 2002 } Walker gets 20 years { October 4 2002 } Walker makes terror clames under duress { December 1 2001 } Walker [jpg] Walker2002 [jpg] Files Listed: 12

Correction/submissions

CIA FOIA Archive

National Security Archives

This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information, go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purpose of your own that go beyond 'fair use', you must obtain permission from the copyright owner.