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American Morning

American Taliban John Walker Lindh Goes Back to Court

Aired June 17, 2002 - 10:01   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.
BILL HEMMER, CNN ANCHOR: Up front this morning, this hour, American-Taliban John Walker Lindh goes back to court today. His lawyers are expected to argue it is impossible, they say -- impossible for their client to receive a fair trial in the U.S., but especially in Virginia, only 10 miles from the Pentagon.

Bob Franken, outside the courthouse. A preview this morning of what we expect later this morning.

Bob, good morning.

BOB FRANKEN, CNN CORRESPONDENT: Good morning.

And, of course, that would be the change of venue argument. Just one of many motions that the lawyers have filed in the case. They're arguing that all the counts in the indictment should be dismissed for a variety of reasons, including selective prosecution. That he was picked out because of the political climate. John Walker Lindh was.

They also charge the charges infringe on his constitutional right to association, to which the government says that's absurd, there was violence practiced by John Walker Lindh against Americans. John Walker Lindh denies that, saying that he was fighting against the Northern Alliance, not fighting against Americans.

Other charges that -- the ones that have been leveled against John Walker Lindh don't actually constitute a violence of the law. The government says, indeed it does. They back and forth like that. And, as you pointed out, the other one request for change of venue.

The judge expected to listen to these today. He is not expected to throw out any of the counts of the indictment. They will proceed to another hearing on July 15th. That one will be to suppress a key confession, which makes up the basis of the government's action. But that doesn't come today. The other charges that do come today include the request to throw out the indictment against John Walker Lindh -- Bill.

HEMMER: Bob, have defense attorneys argue or stated yet if there's a change of venue where do you go in this country?

FRANKEN: No, they have not, because their fundamental argument is that it would be, to quote them, "impossible anywhere in the United States for him to get a fair trial." But at the moment they say if they did move it from here, California would probably be more convenient since his family is out there, since the lawyers are out there. It is not expected they're going to prevail with that argument. The government very strongly wants the case tried here.

HEMMER: Bob, I know we're not attorneys, but you have covered your fair share of big trials in your time. Do you have indication of how this defense -- you touched on it in your first answer -- how they will go about justifying their argument that the area of Virginia, 10 miles from the Pentagon, is too biased for fairness?

FRANKEN: Well they're saying that because of its proximity to the Pentagon, which, of course, was hit by one of the planes hijacked by a terrorist, they're saying that that so pollutes the jury's ability -- any jurors ability not only to be fair, but to render a fair verdict, that is to say, one in favor of their client, and then go back into the community. That as a result, it is impossible for him to get a fair trial here.

Nevertheless, the government says it wants the trial here, among other things, because this is a court that moves speedily in various matters. There's also the fact this is considered a conservative area more likely to convict John Walker Lindh. So the government is going to vigorously fight against moving this and is expected to prevail before this judge.

HEMMER: Speedily might be understatement. The rocket docket is the nickname for that court, as we have said many times in the past -- thank you, Bob. Bob Franken again in the state of Virginia.

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