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In John Walker Trial, Motions to Dismiss or Change Venue Denied

Aired June 18, 2002 - 06:06   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.
CAROL COSTELLO, CNN ANCHOR: Here in the United States, N-O. It's a two-letter word that attorneys for Taliban American John Walker Lindh heard over and over in federal court. As CNN's Bob Franken reports, the judge dealt the defense several legal blows.

(BEGIN VIDEOTAPE)

BOB FRANKEN, CNN CORRESPONDENT (voice-over): "No," said the judge, nine times, "No." So John Walker Lindh left the courthouse facing the same charges he faced when he arrived. All of the defense requests were denied.

He will be returning to the same courthouse. Motions to dismiss or change venue because of prejudicial publicity were denied, even though this building is only nine miles from the Pentagon, where the attacks by terrorists on September 11 are still a burning memory. "One would have to go to planet Pluto," said the judge, "to find those who had not heard of this." Nevertheless, he was confident a fair and impartial jury could be impaneled here.

The judge ruled that Lindh is not covered by the international principle of combat immunity. President Bush declared him an unlawful combatant. Even so, the judge was not willing to accept the administration argument that the courts had no right to even consider the question, nor did he accept the defense argument that Lindh had been the victim of selective prosecution. The defense contention that Lindh was exercising his constitutional right of association while fighting for the Taliban was also rejected.

Lindh's lawyers tried to put their best face on the case.

JAMES BROSNAHAN, WALKER LINDH ATTORNEY: We thrive on adversity, as you may have noticed, and we have a secret weapon. We have a secret weapon, and his name is John Lindh.

FRANKEN: Lindh's father, mother and sister sat in the front row. As he departed, John Walker Lindh, the son and brother, nodded a silent greeting. And before the judge left, he ordered a three-week investigation into the leaks of confidential e-mails published in "Newsweek" expressing questions by some lawyers in the Justice Department about the interrogation of Lindh. That interrogation is being challenged by defense attorneys, who want to suppress an alleged confession that is considered vital to the government's case. That hearing is scheduled next month.

(on camera): First, this Wednesday, another complex question in this case: What classified material is necessary for the trial? It's part of the difficult job of balancing national security concerns with the rights of the defendant, much of which the judge calls, "unchartered territory."

Bob Franken, CNN, Alexandra, Virginia.

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