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American Morning

Taliban-American John Walker Lindh Asks for Bail

Aired February 06, 2002 - 09:03   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.
PAULA ZAHN, CNN ANCHOR: "Up Front" this morning, this morning Taliban-American John Walker Lindh asked for bail. Just yesterday, Attorney General John Ashcroft said he knew about attacks before it happened. So if a 20-year-old American can find out, why couldn't the CIA find out and prevented the death of 3,000 people? CIA director George Tenet is expected to face some tough questioning in less than an hour from now when makes a rare appearance when testifying at Senate Select Intelligence Committee hearing.

For a preview we turn to our CNN national security correspondent David Ensor, who joins us from the Hill this morning.

Good morning, David.

DAVID ENSOR, CNN CORRESPONDENT: Good morning, Paula.

As you say, it could be a fascinating morning. This is the one senior adviser to President Bush who has scarcely spoken since September 11th, has scarcely spoken in public, I should say. And he will, as he does every year at this time, lay out what he sees as the worldwide threat level to U.S. national security interests and to Americans around the world.

He will likely describe terrorism as being at the top of the list, and he did that last year.

Here's how he put it:

(BEGIN VIDEO CLIP)

GEORGE TENET, CIA DIRECTOR: Osama bin Laden and his global network of lieutenants and associates remain the most immediate and serious threat. His organization is continuing to place emphasis on developing surrogates to carry out attacks in an effort to avoid detection, blame and retaliation. As a result, it is often difficult to attribute terrorist incidents to his group, the Al Qaeda.

(END VIDEO CLIP)

ENSOR: What was interesting, though, I looked at the transcript of last year's testimony, Paula, and none of the senators asked any question about terrorism. They all wanted to talk about China. Today, they probably will want to ask why has it taken $7 billion spent so far in Afghanistan by the U.S. military and intelligence and we still don't know where Osama bin Laden and other CIA personnel are, and where are we going with this war?

Paula.

ZAHN: So I guess the question I have for you is how much latitude does Mr. Tenet actually have in discussing what the CIA's actual plans are?

ENSOR: He will not doubt lay out in some broad brush stroke fashion this morning what exactly is the plan. He did that for President Bush, according to "The Washington Post," laid out global war on terrorism, much of which is classified, and he will lay out the broad brush strokes of that this morning, but they will probably have to go into the details in is closed session, secret session this afternoon -- Paula.

ZAHN: All right, David Ensor, thanks so much.

The big question this morning, should John Walker Lindh get bail? As you mentioned, his lawyers want him released pending a trial, arguing that the accused Taliban-American soldier has no history of any kind of violence and is not a flight risk. The 20-year-old Californian was formally indicted yesterday, and a detention hearing is scheduled later this morning.

CNN's Jonathan Aiken is standing by outside the federal courthouse in Alexandria, Virginia and joins us now.

Anything going on right now, Jonathan?

Good morning.

JONATHAN KARL, CNN CORRESPONDENT: Good morning, Paula.

We're just waiting for the detention hearing to begin, 10:00 a.m. Eastern is when it is set to start, a little less than hour from now. John Walker Lindh has been in the building for some time. He arrived a little over two hours ago now under tight security, and just after dawn.

As you mentioned, when the lawyers for Walker Lindh and the federal prosecutors come into the courtroom of judge T.S. Elias (ph), there is going to be three issues at hand, as far as Walker Lindh's attorneys are concerned. They are going to argue that their client is no flight risk. He is not a menace to society. He has no propensity toward violence, nor has he ever shown a history of violence.

Now for their part, federal prosecutors are going to argue that they've got a 10-doesn't indictment handed out by a federal grand jury yesterday, and U.S. attorney Paul McNulty, who is the lead prosecutor here in the eastern district in Virginia is going to argue that one of those 10 counts ought to be enough on its own to keep John Walker away from bail and keep him behind bars.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I'm aware there are in the federal law there are certain offenses under the presumption for which a person would be detained. Those offenses are kinds which normally are crimes of violence, and in this indictment, we have charged -- the grand jury has charged Mr. Walker Lindh with the use and carrying out a destructive device, a firearm, in the course of a federal violent crime. That is one of the offenses that is listed as a offense carrying the presumption of detention.

(END VIDEO CLIP)

AIKEN: The indictment that was handed up yesterday, Paula, by the grand jury, not unexpected at all, because without it, federal prosecutors would have come in here this morning and basically show cause as to why Walker Lindh should be held without bail. And in doing that, they would have to tip their hand when it came to evidence, and also how they plan to proceed with the trial. No formal arraignment yet. No trial date. All of that is scheduled for next Monday. The big question this morning, Paula, bail or not bail.

ZAHN: So what are his chances of getting bail, Jonathan?

AIKEN: Not great. Federal judges usually side with prosecutors, and as Mr. Mcnulty pointed out, this one crime alone, carrying a weapon or a violent device while in the commission of a violent crime, that is enough under current federal law to be denied bail and to be kept behind bars, so that's what federal prosecutors are counting on -- Paula.

ZAHN: Has John Walker Lindh been able to spend any time with his family lately?

AIKEN: That's supposed to happen this morning. John Walker Lindh's parents came to the city lockup about two blocks away to my right, your left yesterday, and they were turned away by U.S. marshals. Attorneys for John Walker Lindh told us yesterday that they were going to try to arrange some kind of meeting between the parents and their son before this hearing gets under way at 10:00 a.m. One can assume if they are going to be able to do this before 10:00, it's either happening now or will be happening soon.

ZAHN: All right. Thanks so much for that update. See you a little bit later on, Jonathan.

AIKEN: Sure.

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