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American Morning

Many Asking Why Isn't John Walker Facing Death Penalty?

Aired January 16, 2002 - 07:09   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 CORRESPONDENT: The question many are asking this morning is why isn't John Walker facing the death penalty for his activities in Afghanistan on behalf of the al Qaeda organization?

And joining us now from Washington, the attorney general of the United States, John Ashcroft.

Mr. Ashcroft, nice to have you with us.

JOHN ASHCROFT, ATTORNEY GENERAL: It's a delight to be with you. Good morning.

CAFFERTY: Good morning.

Tell us a little about how that decision was made, if you will, to charge Mr. Walker with crimes that carry on life in prison and not the death penalty, and whether or not the door is still open to possible charges that would carry the death penalty.

ASHCROFT: Well, the charges are based on evidence which we have, evidence substantially related to the statements made by John Walker Lindh after he had been informed orally about his right to counsel and after he had been informed in writing and after he had waived those rights in writing.

They relate to assisting terrorist organizations and conspiring to kill Americans overseas. We believe that the evidence provide -- that is available through his statements, which is the basis of the charges, is, provides charging for those crimes, which are not death eligible.

We have not foreclosed charging other crimes against this individual should other evidence be developed or other evidence be made available. But these crimes which, that are charged, they fit the evidence which we now have and death, they are not death eligible crimes. The maximum penalty is the penalty of life imprisonment.

CAFFERTY: Was the decision based, at least in part, on his cooperation, which most of us have been reading about in news accounts, of the situation since his capture? He apparently has been cooperating with authorities. Is that a factor in deciding on a possible punishment in his case?

ASHCROFT: Well, whether a court takes into account items like that in sentencing is yet to be determined. The decision about the nature of the charges was based on the evidence which is available. And as I indicated yesterday in my statement, should additional information that would support other charges become available, we certainly have the opportunity and the option of bringing additional charges.

But it's clear from the four charges that we have now brought that this is a very serious crime. The maximum penalty, however, under the charges that were presented is life imprisonment.

CAFFERTY: I'd like to read something from Mr. Walker's family, if I might, Mr. Afghanistan, and get your reaction to it.

ASHCROFT: Sure.

CAFFERTY: They are apparently disappointed, based on this statement, that they have been unable to contact him since his capture 45 days ago. The statement reads, "We are disappointed the government has held and interrogated John for 45 days without allowing him any messages from his family or access to his attorney. The International Committee of the Red Cross has tried to deliver three letters we have written to John, but in each instance has not been allowed to do so."

I guess a couple of questions. Did he receive any of the letters and has he had the benefit of any legal advice since his capture?

ASHCROFT: Well, let me make one thing clear, and that is that each individual in the United States charged with an offense has a right to choose his or her own attorney and whether or not to be represented by an attorney. And Mr. Walker, who is an adult, and who made very serious decisions, very serious decisions against the United States, and made some, a decision about his attorney. And no other individual has a right to impose an attorney on him or to choose an attorney for him.

He provided his statements based on his desire to do so in a context that was not coercive and I don't know the extent to which he has received or not received mail.

CAFFERTY: Can you give us a sense of a timetable for the prosecution of this case and the transfer of Mr. Walker here to the United States? I understand he'll be tried down in Virginia in a federal court. Any sense of how this is going to unfold here?

ASHCROFT: He'll be brought to the United States promptly and, of course, when he's brought to the court he'll have an opportunity, again, to be represented by counsel and I'm sure that he'll have the full process that exists for individuals who are charged.

I can't specifically indicate what the court timing will be. That'll be decided in court. And we won't be disclosing arrangements for bringing him to the United States, although it will be in the very near future, because of security reasons.

CAFFERTY: Understandably so.

Mr. Ashcroft, I appreciate very much you sharing some time with us here on AMERICAN MORNING this morning. Thank you.

ASHCROFT: Thank you and good morning.

CAFFERTY: All right, the attorney general of the United States, John Ashcroft.

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