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CNN Live Today

Attorneys for American Taliban Return to Court

Aired June 17, 2002 - 14:15   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.
FREDRICKA WHITFIELD, CNN ANCHOR: Next hour, attorneys for the young American accused of fighting with the Taliban will be back in court. Attorneys for John Walker Lindh are asking for the charges to be dismissed, or that the trial scheduled for August be moved. CNN's Bob Franken has been following the case and he joins us now. Hi again, Bob.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Hello, Fredricka. And, of course, when this courthouse is used as it so often is for trials of national and international interest, it's very heavy security, as evidenced by the motorcade that whisked John Walker Lindh once again back into the Alexandria courthouse. So his attorneys could argue, among other things, that his case should not be heard here, that there should be a change of venue because this courthouse is nine miles from the Pentagon, which of course, was the target of one of the terrorist attacks on September 11.

And his attorney argued that there is a collective mourning in this community which could so distort the jury that they would not be able to provide him with a fair trial. Of course, the defense attorneys argued to -- the government attorneys, the prosecutors argued to the contrary.

They also argued that in many of the matters involved here, the court has no jurisdiction. For instance, in the vital claim by defense attorneys that John Walker Lindh, who was fighting against the Northern Alliance troops, they say, not against U.S. troops, enjoyed an international principle called combat immunity. But the prosecutors said this is not up to the court here to decide that. Here are some quotes: "This judgment by the executive is, in fact, nonjusticable," which is to say, court, butt out. You have no reason to be here. This is a matter, they went on, that the court should not be about deciding. Further consideration should be foreclosed. The president is commander-in-chief. He can decide such things and has the absolute power to do so.

So there is going to be a lot of discussion yet about this. There are requests by the defense to dismiss all of the charges against John Walker Lindh, saying among other things, there was a selective prosecution that he was not breaking any laws with his conduct. Those are matters that are under consideration by the judge who will also have to decide just how much jurisdiction he has.

Now, at about an hour and 15 minutes, Fredricka, he is coming back. He may hear more arguments. He may decide some of the matters, all of the matters, or, quote, "take them under advisement." Stay tuned.

WHITFIELD: All right. Thanks very much, Bob Franken from Alexandria.

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