John Walker Lindh

From Wikipedia, the free encyclopedia

John Walker Lindh
Born	February 9, 1981 District of Columbia, USA
Charge(s)	serving in Taliban army, carrying illegal weapons
Penalty	20 years imprisonment
Status	imprisoned in Victorville, CA

John Phillip Walker Lindh (born February 9, 1981) is an American citizen who was captured during the 2001 invasion of Afghanistan while fighting there for the Taliban. His capture made worldwide headlines. Walker prefers to go by the name Hamza Walker Lindh today, although during his time in Afghanistan, he went by Suleyman al-Faris.[2]

Contents 1 Youth, conversion and travels 2 John Walker Lindh's "alleged homosexuality" 3 Capture and interrogation 4 Trial 5 Imprisonment 6 Hamdi v. Rumsfeld 7 Media references 8 External links 9 Notes

[edit] Youth, conversion and travels

Walker was born in Washington, D.C., to parents Marilyn Walker and Frank Lindh. He was baptized Catholic and grew up in Silver Spring, Maryland, until he was ten years old and his family moved to San Anselmo, California, in Marin County. Walker was sickly as a boy due to an intestinal disorder, after briefly attending several middle schools his family opted to homeschool him starting in 1993, when he was 12.^[1]

During this time, Walker was a shut-in, rarely leaving home but increasingly participating in IRC internet chat rooms, often using fake names. He became a devoted fan of hip-hop music, and engaged in extensive discussions on Usenet newsgroups about the music, sometimes pretending to be African American.^[2] During this time, Walker saw the Spike Lee film Malcolm X which made a deep impression on him, and began his interest in Islam.

At age 14 Walker's health improved and he enrolled at Redwood High School as a freshman. He struggled to fit in though, and after 5 months he left the school for an independent study program, eventually earning a GED at age 16.

Although his parents did not officially divorce until 1999, their marriage was in serious trouble throughout Walker's adolescence. Frank Lindh stated that they had been effectively separated since 1993. It was later reported by the San Francisco Examiner that Frank Lindh was a closeted homosexual. This has not been confirmed or denied by Frank Lindh himself but is well-supported by accounts from friends.^[3] Shortly after his father is reported to have moved in with a male lover in 1997, John, age 16, dropped his father's name "Lindh" in favor of his mother's maiden name "Walker". Later in that year Walker also officially converted to Islam and began regularly attending mosques in Mill Valley and later San Francisco. In 1998, he traveled to Yemen for about ten months, to learn Arabic so that he would be able to read the Qur'an in its original language. He returned to the United States in 1999, living with his family for about eight months before returning to Yemen in February 2000, whence he left for Pakistan to study at an austere madrassa (Islamic school). Lindh entered Afghanistan in the spring of 2001. The following summer, Walker reportedly had a face-to-face encounter with Osama bin-Laden himself, who shook hands with the young American and personally thanked him for joining Jihad.^[4]

[edit] John Walker Lindh's "alleged homosexuality"

In October of 2002, both Time magazine^[5] and The Guardian^[6] reported that Khizar Hayat, the Pakistani businessman who paid for Lindh to attend the madrassa, apparently admitted to a homosexual relationship with Lindh. Hayat himself relayed the story of his relationship to the media, but after the reports were publicized he then denied any sexual relationship as "nonsense" to CNN.^[7]

It has been reported that this was a result of media misrepresentation, and was mainly due to Hayat's comments being lost in translation. The passage in the original article confirmed that Hayat had a good, though not colloquial, command of the English language. An assumption of sex was incorrectly made in the article, based on Hayat's broken English, rather than a direct quote about having sex. OpinionJournal noted the nature of Time Magazine's reporting, on this particular matter, was wrong.^[8]

Lindh's lawyers also denied that their client engaged in any homosexual relationships.

[edit] Capture and interrogation

Walker was first captured on November 25, 2001, by Afghan Northern Alliance forces, and questioned by CIA agent Mike Spann and another agent at General Dostum's military garrison named Qali Jangi near Mazari Sharif. Later that day, the makeshift prison was the scene of a violent uprising, in which Spann was killed along with hundreds of foreign fighters. Walker found refuge in a basement bunker after taking a bullet in the upper-right thigh, hiding with Saudi, Uzbek and Pakistani jihadis. He was found seven days later on December 2, 2001, when Northern Alliance forces diverted an irrigation stream, drowning many, and eventually flushing out Walker and about 80 survivors from the original 300. Walker initially gave his name as "Abdul Hamid" but later gave his real name when interviewed by Robert Young Pelton for CNN.

Upon capture, Walker signed confession documents while he was held by the United States Marine Corps on USS Peleliu and informed his interrogators that he was not merely Taliban but al-Qaeda, though his father later asserted he was not involved in, and unaware of, al-Qaeda. Attorney General John Ashcroft, on January 16, 2002, announced that Lindh would be tried in the United States.

His attorney claimed to the press that he asked for a lawyer repeatedly before being interviewed but he didn't get one, and that "highly coercive" prison conditions forced Walker to waive his right to remain silent. Although the FBI asked Jesselyn Radack, a Justice Department ethics advisor, whether Walker could be questioned without a lawyer present, her advice that this should not be done was not followed.^[9]

[edit] Trial

On February 5, 2002, Walker was indicted by a federal grand jury on ten charges:^[10]

• Conspiracy to murder U.S. citizens or U.S. nationals
• Two counts of conspiracy to provide material support and resources to designated foreign terrorist organizations
• Two counts of providing material support and resources to terrorist organizations
• One count of supplying services to the Taliban.
• Conspiracy to contribute services to Al Qaeda
• Contributing services to Al Qaeda
• Conspiracy to supply services to the Taliban
• Using and carrying firearms and destructive devices during crimes of violence

If convicted of these charges, Walker Lindh would have received three life terms and 90 additional years in prison. On February 13, 2002, he pleaded "not guilty" to all ten charges.^[10]

Complicating the prosecution was the nature of the confession. Photos emerged from Lindh's captivity of him being held naked and bound, wearing an obscenity-covered blindfold.^[11] When details of the conditions of his captivity began to emerge, it was discovered that he had initially been wounded and hidden for a week with limited food, water, and minimal sleep 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. Lindh was not even released from the stretcher when he needed to urinate. Instead, guards propped him upright. When interrogated, he was denied a lawyer despite several requests, and was threatened with denial of medical aid if he didn't cooperate. It took more than a week in U. S. custody for his wound to be treated and the bullet removed.^[12]

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.

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.

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, III formally imposed the sentence: 20 years without parole.^[13]

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.^[13]

In retrospect, Adam Lisberg's New York Daily News article published in April 2006, reported the following: "Legal observers said the sentence was the byproduct of the national mood at the time, and note that many subsequent terror prosecutions in the U.S. have led to much shorter prison terms."

[edit] Imprisonment

Since January 2003, Lindh has been at a medium-security prison in Victorville, northeast of Los Angeles. On March 3, 2003, Lindh was tackled by inmate Richard Dale Morrison, who hit him while screaming obscenities before running away. Lindh suffered a bruised forehead. On July 2, 2003, Morrison was charged with a misdemeanor count of assault.

Lindh is now being held at ADMAX Florence, Co. This is the Federal Supermax facility. Other notable prisoners held here are Theodore "Ted" Kaczynski (The Unabomber), Ramzi Yousef (mastermind of the first World Trade Center bombing) and Robert Hanssen (former FBI agent who spied for the Soviets).

Lindh's (inmate number 45426-083) projected release from federal prison will take place on or after May 11, 2019.

[edit] Hamdi v. Rumsfeld

The other American captured in Afghanistan in 2001 and detained by the U.S. military on the orders of the U.S. administration was Yaser Esam Hamdi. The U.S. administration announced that Yaser Hamdi was an unlawful combatant. He was taken to Camp X-Ray at Guantanamo Bay, Cuba, but was transferred to jails in Virginia and South Carolina after it became known that he was a U.S. citizen. On September 23, 2004, the United States Justice Department released Hamdi to Saudi Arabia, where he is also a citizen, on the condition that he give up his U.S. citizenship. The deal also bars Hamdi from visiting certain countries and requires that he inform Saudi officials if he plans to leave the kingdom. He was plaintiff in Hamdi v. Rumsfeld, in disposition of which the Supreme Court issued a decision on June 28, 2004, requiring a neutral decision maker be able to review the administration's designation of unlawful combatant.

[edit] Media references

• In 2002, George H.W. Bush referred to Lindh as "some misguided Marin County hot-tubber". The comment provoked a minor furor and prompted a retraction of the statement by Bush.
• Steve Earle recorded a song about Lindh entitled "John Walker's Blues". It was released on his 2002 album Jerusalem.
• Hot Buttered Rum String Band, several of whose members hail from Marin, released a song about the Lindh's trial, "The Trial of John Walker Lindh," on their 2002 album Live at the Freight and Salvage.
• Alternative hip-hop group/label anticon. guested on a DJ Krush song about Lindh named "Song for John Walker", released on Krush's 2003 album The Message at the Depth.
• Lindh was the subject of a musical, John Walker: The Musical, in the 2004 New York International Fringe Festival and was covered in The New York Times, [3] New York Post and CNN.
• On an episode of Entourage, Vince Chase is pitched a script/role by Ari to play Lindh in a new film. Vince and his manager, E, passes at the offer.

[edit] External links

• The Lindh indictment
• Free John Walker Lindh – Unofficial website.
• "The case of the Taliban American", CNN: People in the News.
• "Profile: John Walker Lindh", BBC News (online), January 24, 2002.
• "Interview: John Walker Lindh's Lawyer" by Christopher John Farley, Time, January 26, 2002.
• "Black Like Me: John Walker Lindh's Hip-hop Daze" by James Best, East Bay Express, September 3, 2003.
• "Chertoff and Torture" by David Lindorff, The Nation, January 27, 2005.
• "The Crimeless Crime: The Prosecution of John Walker Lindh" by Frank R. Lindh, Washington Lawyer, May 2005.
• "The Real Story of John Walker Lindh" by Frank Lindh, AlterNet, January 24, 2006. – An address to the Commonwealth Club of California by John Walker Lindh's father.
  • Audio file of above speech (in RealAudio format)
  • "The Truth about John Walker Lindh", by Robert Young Pelton, January 24, 2006. – Reply by CNN journalist Robert Young Pelton, the first journalist to interview Lindh.
  • "False and misleading statements by Mr. Frank Lindh omits many known facts: Article of appeal" by Johnny Spann, HonorMikeSpann.com, February 01, 2006. (PDF file) – Response by Mike Spann's father.
• "An Exclusive Look At Lindh's Life Behind Bars" by Adam Lisberg, New York Daily News, April 2, 2006.
• "Innocent: The State of the American Man" by Tom Junod, Esquire, July 2006.

[edit] Notes

1. ^ Making of John Walker Lindh
2. ^ Black Like Me: John Walker Lindh's hip-hop daze, by John Best
3. ^ Did Homphobia Corrupt John Walker?
4. ^ [1]
5. ^ Khizer Hayat quote from Time.com: The Making of John Walker Lindh
6. ^ Guardian: Bright boy from the California suburbs who turned Taliban warrior
7. ^ CNN: Pakistani man denies having sex with Taliban American
8. ^ OpinionJournal: Gay Talib?
9. ^ The Trials of Jesselyn Radack and The Woman Who Knew Too Much
10. ^ ^{a b} Transcript of John Ashcroft - February 5, 2002
11. ^ U.S. troops took photos of blindfolded Walker Lindh April 12, 2002
12. ^ Walker's Transcript of the his time in US custody
13. ^ ^{a b} http://archives.cnn.com/2002/LAW/07/15/walker.lindh.hearing/index.html