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American Morning

Walker Lindh Due in Court Today

Aired April 01, 2002 - 07:24   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
JACK CAFFERTY, CNN ANCHOR: On now to the government's case against John Walker Lindh, the American accused of fighting for the Taliban. Lindh is due in court in Alexandria, Virginia this morning for a discovery hearing. He has pleaded not guilty to charges against him, which include conspiring to kill Americans in Afghanistan.

CNN's Deborah Feyerick joins us now from outside the courthouse in Alexandria to tell us what we can expect when court convenes a little later -- good morning.

DEBORAH FEYERICK, CNN CORRESPONDENT: Good morning, Jack.

Well John Walker Lindh is here at the courthouse. His lawyers are basically asking the government to turn over certain information which they say they need in order to defend John Walker Lindh. What are they asking for? Well, specifically, they want the names of the al Qaeda soldiers being held at Guantanamo Bay. They say that the government is getting information from those detainees and it could help them in their defense.

The government basically is arguing that this is highly sensitive, and that in their words, it could have profound implications on their ability to gather vital information. Also, defense lawyers are asking essentially for documents and records on U.S. military operations in Tekar (ph) and Kanduz. They also want to know about CIA operations there. John Walker Lindh's lawyers say they need this in order to defend him on count one, which is conspiracy to kill U.S. nationals.

The government says even if there were no Americans there, they can still prove conspiracy; that the end goal was to hurt U.S. citizens. The government is basically accusing defense lawyers of going on what they call a fishing expedition, trying to get them to reveal both their military strategy, as well as their trial strategy.

The government says that much of their case is based on John Walker Lindh's own statements, and so it's very unlikely there are going to be any major surprises. And as for whether John Walker Lindh was tortured, as he claims while he was held by the U.S. military, the government says this is not the case. They have details how he was treated, saying in many cases it was better than most soldiers. And as one example, they said Walker Lindh wanted a haircut, he got one, he didn't like it, so they gave him another one -- Jack.

CAFFERTY: OK. Thank you, Deborah. Deborah Feyerick at the courthouse.

Joining us to talk more now about the people versus John Walker Lindh, former U.S. Attorney Kendall Coffey, who joins us this morning from Miami, Florida -- Mr. Coffey, welcome, nice to have you with us.

KENDALL COFFEY, FORMER U.S. ATTORNEY: Good morning.

CAFFERTY: Obviously this confession is key to defense efforts on behalf of their client. Are they going -- do they have a chance of getting this thing thrown out, and, if so, on what basis?

COFFEY: Well it's very up hill. That's going to be decided not today. The issue of whether the confession can be excluded will be decided in July. But what they're trying to do through the discovery hearing today is get any kind of document at all to help support John Walker Lindh's position that he was in somehow a condition of virtual torture through physical and through mental abuse. And that's mighty tough, because let's face it, are people going to believe John Walker Lindh or are they going to believe are men and women in uniform who are responsible for his care and custody during the period?

But if he can't do something to undercut the impact of that confession, he's in a lot of trouble. It's devastating, and if the jury hears that confession, they're going to want to lock him away in the caves of Tora Bora and throw away the key.

CAFFERTY: All right. We mentioned, or you said in the beginning that it would be an uphill struggle to get his confession to American investigators in Afghanistan thrown out. I want to play a piece of tape for you and for our audience of an interview that John Walker Lindh did with CNN. Let's listen to a piece of that tape and then we'll talk about what part that may play at the upcoming trial.

(BEGIN VIDEO CLIP)

JOHN WALKER LINDH: I was a student in Pakistan studying Islam, and I came into contact with many people who were connected with the Taliban. I lived in a region in northwest (UNINTELLIGIBLE) province. The people there in general have a great love for the Taliban. So I started to read some of their literature of their scholars and the history of the movement and my heart became attached to them. I wanted to help them one way or another.

(END VIDEO CLIP)

CAFFERTY: "I wanted to help them one way or another." Is that a piece of tape that could wind up being introduced as evidence in the trial?

COFFEY: It certainly could. And while there are some things in the CNN interview that the defense thinks may be a little helpful, overall, I think it's very damaging. Among other things, it makes it clear that John Walker Lindh ultimately felt positive about what he did serving with the Taliban, and that's going to cut against the defense that he's been trying to develop lately, which is after September 11, he really wanted out, but there was a fear of death. And his staying in the Taliban during those critical periods was something that wasn't in his choice. That basically the Taliban made him do it. That CNN interview really undercuts that kind of "Taliban made me do it" defense.

CAFFERTY: All right. Let me get your take quickly on one other aspect of all of this, the so-called 20th hijacker, Zacarias Moussaoui. Last week, the Attorney General of the United States, John Ashcroft, said that the government is going after the death penalty in the prosecution of this man. His mother came out almost immediately and said, "That's unfair. John Walker Lindh is not facing the death penalty and my son shouldn't be either."

Does she have a point? And part B of the question, might the government seek to escalate the charges against John Walker Lindh at some point to where they would include the death penalty?

COFFEY: Well, we all can appreciate a mother's anguish. But the truth is that John Walker Lindh signed on to fight against armed combatants. And he's facing serious criminal consequences, because those armed combatants may have included allies or even members of the United States armed forces.

What he didn't do, and what Zacarias Moussaoui allegedly did do, is plan mass destruction of defenseless civilians. Those are very different things. And so I think the consequences between a death penalty scenario of Zacarias Moussaoui and John Walker Lindh, who up to now faces only life imprisonment, is justified. But let's remember the Justice Department has made it clear that if somehow some evidence shows that John Walker Lindh was implicated in the death of CIA agent Michael Spann, then he too may be facing the death penalty.

CAFFERTY: All right. Mr. Coffey, we have to leave it there. But as this case proceeds through they system, I'd like to invite you to join us again down the road and offer your thoughts and observations on what could be obviously a historic trial as it moves -- comes closer in September.

Kendall Coffey is a former U.S. Attorney joining us this morning from Miami -- Paula.

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