John Walker Lindh

 

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John Walker Lindh
John Walker Lindh mugshot
Born	February 9 1981 (1981--) (age 26) - District of Columbia, USA
Conviction(s)	serving in Taliban army, illegally carrying weapons
Penalty	20 years imprisonment
Status	imprisoned in ADMAX in Florence, Colorado
Parents	Marilyn Walker and Frank Lindh

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

Lindh prefers to go by the name Hamza Walker Lindh today, although during his time in Afghanistan, he went by Sulayman al-Faris^[1].

Youth, conversion and travels

Lindh was born in Washington, D.C., to parents Marilyn Walker and Frank Lindh. He was baptized and raised Roman Catholic, and grew up in Silver Spring, Maryland, until he was ten years old and his family moved to San Anselmo, California. Lindh 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.^{[citation needed]}

During this time, Lindh was a shut-in, rarely leaving home but increasingly participating in IRC internet chat rooms. 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 Lindh'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. In 1997, John, age 16, officially converted to Islam and began regularly attending mosques in Mill Valley and later San Francisco^[3]. 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).

John Walker Lindh's "alleged homosexuality"

In October of 2002, both Time magazine^[4] and The Guardian^[5] reported that Khizar Hayat, the Pakistani businessman who paid for Lindh to attend the madrassa, apparently stated having 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.^[6]

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.^[7]

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

Capture and interrogation

Lindh was captured on November 25 2001, by Afghan Northern Alliance forces, and questioned by CIA officer Mike Spann and another officer at General Dostum's military garrison named Qali Jangi near Mazari Sharif. As shown on British Television (Channel 4 news) Spann asks Lindh "are you a member of the IRA?" and hit him about the head. As newsfilm showed, Lindh's elbows were fastened behind his back at the time. Later that day, the makeshift prison was allegedly the scene of a violent uprising, in which Spann was murdered along with hundreds of foreign fighters. However, Spann's companion, another man in US military uniform without a name tape, just like Spann, was filmed speaking on a satphone complaining that a US air strike on the scene had probably cost some American lives. The air strike certainly injured five US Marines who were a few yards from the Lindh interrogation scene. There seems good reason to doubt the claim that Spann was killed by those foreign fighters, who were all unarmed, and prisoners of the Northern Alliance, the US local ally of the time. It is notable that the original official claim of how Spann died was that he had been shot by a prisoner, rather than hurt by a grenade.

Lindh had earlier 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 Lindh and about 80 survivors from the original 300. The Northern Alliance captors then pinioned Lindh's elbows behind his back. Lindh initially gave his name as "Abd-al-Hamid" but later gave his real name when interviewed by Robert Young Pelton for CNN. Pelton brought a medic and food for the American and interviewed Lindh about how he got there. Lindh said that the prison uprising was sparked by some of the prisoners smuggling grenades into the basement, "This is against what we had agreed upon [with the Northern Alliance], and this is against Islam. It is a major sin to break a contract, especially in military situations,". ^[8]

Upon capture, Lindh was given basic first aid and then questioned for a week at Mazari Sharif, before taking him to Camp Rhino on December 7, the bullet still within his thigh. 2001^[9][10] When Lindh arrived at Camp Rhino his clothes were taken off and he was restrained to a stretcher, blindfolded and placed in a metal shipping container. While bound to the stretcher his picture was taken by American military personnel.^[11] While at Camp Rhino he was heavily medicated. He was later to complain that as military personnel passed the echoing cargo container around each 24 hour cycle, they hammered on its metal sides and shouted abuse and threats. He remained in severe pain from the bullet that remained it his leg. It is notable that the photograph of him naked as described above, was cropped so as not to show the location of the buried bullet. On at least one occasion he was interrogated while naked, drugged and with the bullet still in his leg. On December 8 and 9th, he was interviewed by the FBI^[10]. He was held at Camp Rhino until he was transferred to USS Peleliu on December 14, 2001^[12].

Why Lindh had not received the appropriate care for his painful leg wound -- the military bullet was still inside this during his twelve days at Mazar i Sharif or Camp Rhino, where there was adequate US military medical staffing -- is unknown. He was interrogated while suffering the pain of that wound, frostbite, heavy painkilling medication and other difficulties before the operation on December 14. While on the Peleliu, he signed confession documents while he was held by the United States Marine Corps 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. On December 31, 2001, he was transferred to the USS Bataan, where he was held till January 22, 2002, when he was flown off the Bataan to begin the journey back to the United States to face criminal charges. While on the USS Bataan, 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 did not get one, and that "highly coercive" prison conditions forced Lindh to waive his right to remain silent. Although the FBI asked Jesselyn Radack, a Justice Department ethics advisor, whether Lindh could be questioned without a lawyer present, her advice that this should not be done was not followed.^[13]

Trial

On February 5 2002, Lindh was indicted by a federal grand jury on ten charges:^[14]

• 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 could have received up to three life terms and 90 additional years in prison. On February 13 2002, he pleaded "not guilty" to all ten charges.^[14]

Most of these charges were later dropped. It is notable that some of these alleged offenses were claimed to have taken place when the Taliban was the government of Afghanistan; before there was any dispute between Afghanistan and the United States (i.e., pre-9/11); and that no evidence was ever produced that he had conspired to murder U.S. citizens or U.S. nationals -- an odd phrase in itself. Similar charges have been drawn up against some Guantanamo prisoners. None have been tested in court to this date, and some have been withdrawn.

Complicating the Lindh prosecution was the nature of the confession. A photo (see this page) emerged from his captivity of him being held naked and bound, wearing an obscenity-covered blindfold.^[15] 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 a single, sealed-off window, Lindh reportedly had his clothes cut off him and was duct-taped to a stretcher and placed in a metal shipping container for transportation. Lindh was reportedly not allowed release from the stretcher when he needed to urinate. While being interrogated, Lindh was allegedly denied access to a lawyer, despite several alleged requests, and was threatened with denial of medical aid if he did not cooperate. Lindh was held for over a week in U.S. custody before his wound was treated and the bullet removed.^[16]

The court scheduled an evidence suppression hearing, at which Lindh would have been able to testify about the details of the torture to which he claimed he was subjected. The government faced the problem that a key piece of evidence — Lindh's confession — might be excluded from evidence as having been forced under duress.

To forestall this possibility, Michael Chertoff, then head of the criminal division of the Department of Justice, directed the prosecutors to offer Walker a plea bargain, to wit, Lindh 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 any 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 other charges would be dropped.

Lindh accepted this offer. On July 15 2002, he entered his plea of guilty to the two remaining charges. The judge asked Lindh to say, in his own words, what he was admitting to. Lindh's allocution went as follows: "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.^[17]

As another result of Lindh's plea bargain, a Son of Sam law was invoked. Any and all profits made from book deals or any movies about Lindh's experience will be automatically handed over to the federal government. Lindh, his family, his relatives, his associates and his friends will be unable to profit financially from his crimes and/or experiences.

Lindh's attorney, James Brosnahan, said Lindh 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, Lindh agreed to cooperate "fully, truthfully and completely" with both military intelligence and law enforcement agencies in the terrorism investigation.^[17] There is no evidence that federal authorities have sought such cooperation from him, or that the war against terror or the national security of the United States have benefited in any way from such cooperation, or else from the entire official connection with Lindh to the point of his conviction.

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."

Imprisonment

In January 2003, Lindh was sent to 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 in Florence, Colorado, 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). The prison is one of the most secure facilities in the federal correctional system, where inmates are kept in private cells 23 hours a day, with one hour daily alone in a prison yard.

In April 2007, citing the reduced sentence for the Australian prisoner David Hicks, Lindh's attorneys made a public plea for a Presidential commutation to lower his twenty year sentence.

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.

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.^[18]
• 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, ^[19] New York Post and CNN.
• On an episode of Entourage, Vince Chase (Adrian Grenier) is pitched a script/role by Ari (Jeremy Piven) to play Lindh in a new film. Vince and his manager pass on the offer.
• An episode of Law & Order was based on Lindh's story. The main character was a young man from a middle-class background who converted to militant Islam.
• Some on the right (Michelle Malkin among others) have referred to Lindh as "Jihad Johnny", though the name has also been applied to others with the given name John whom the writers have deemed "pro-Jihad."
• Michael Savage frequently refers to Lindh as "Ratboy".
• In South Park episode 605, Fun With Veal, Randy Marsh says "We gave those kids everything, and they turned into little John Walkers!"

See also

• List of notable converts to Islam
• David Matthew Hicks

References

External links

• John Walker Lindh Profile at the NNDB
• 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.
• "The new Malcolm X? " by Philip Sherwell,The Daily Telegraph, April 08, 2006.

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