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CNN Live Today

Lawyers For Walker Lindh Seek Dismissal of Charges

Aired June 17, 2002 - 13:26   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: A federal judge is hearing arguments in the case of accused American-Taliban fighter today. Attorneys for John Walker Lindh are asking that some of the charges either be dismissed or that the trial be moved outside of the Washington, D.C. area. That hearing is in recess until this afternoon.

CNN's Bob Franken has been joining that hearing. And let's go to Bob now in Alexandria.

Hi there, Bob.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Hello, Fredricka.

And I'm not quite sure what to expect in a couple of hours when we resume. The judge says he might hear more arguments, he might make a ruling, he might not make a ruling -- take the issues under advisement.

The issues being the defense request that John Walker Lindh, so- called American-Taliban, their client, have all the charges against him dismissed or, at the very least, that the trial, when it goes forward as scheduled in late August, be moved; that there is a change of venue.

The arguments for that as outlined by the defense -- lead defense attorney James Brosnahan, that Alexandria, Virginia, where this courthouse is, is about nine miles from the Pentagon which, of course, was a target of the terrorists. A hundred and eighty-nine died in an attack by a hijacked plane on September 11. And as a result, said the attorney, Alexandria, this area, is involved in, quote, "collective mourning." And he asked, "how can you get a fair trial under these circumstances?"

But the government prosecutors who like what is called "the rocket docket" here -- justice that they term fair and swift -- said that, in fact, through jury selection, jurors in eastern Virginia will be as fair-minded as any in the country, which is faint hope for the prosecutors -- for the defense attorneys who say that, actually, it's impossible right now for John Walker Lindh to get a fair trial anywhere.

Another of the issues: the contention by defense attorneys that John Walker Lindh was a lawful combatant and is protected, as a result, under well-established international law. The judgment by the executive branch said the government prosecutors is supreme. The judgment by the executive is, in fact, what they called "non- justiciable" which is a way saying that the court has no business even considering this.

This is a matter, they went on, that the court should not be about deciding that further consideration is foreclosed. However, defense attorneys said that this is not the type of thing that can be decided by executive fiat. Also, another defense consideration, that John Walker Lindh, who they call a scapegoat, is being selectively prosecuted. That is to say, he has been charged with offenses that either others have not been charged with or, in fact, are not violations of the law.

This is the kind of argument that's been going on in a very legalistic way. It will resume in one fashion or another, Fredricka, in a couple of hours.

WHITFIELD: And Bob, aren't the defense attorneys also arguing that, in addition to the venue change, that they're a bit worried that this August trial date is so close to the September 11 anniversary, and that that might jar some emotions, and certainly make prospective jurors a lot more passionate about the issue.

FRANKEN: Well, this was a peripheral argument that they made. It is not directly to the point. It's an argument that they made before, unsuccessfully, when they've urged that the trial is delayed beyond August 26.

But at the moment the trial date is August 26. At the moment, the trial is going to be held here, unless the judge surprises everybody and changes venue.

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

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