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CNN Live Sunday

Important Legal Battle Begins for Walker Lindh

Aired July 14, 2002 - 18:12   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 LIN, CNN ANCHOR: An important legal battle is expected to begin for John Walker Lindh. Tomorrow, his defense team will try to get statements Lindh made after his capture in Afghanistan suppressed. CNN National Correspondent Bob Franken looks at what it could mean for the Taliban-American's case.

(BEGIN VIDEOTAPE)

BOB FRANKEN, CNN NATIONAL CORRESPONDENT (voice-over): By most accounts, the statements made by John Walker Lindh while in military custody could be vital evidence for the government's most serious charge, conspiracy to murder U.S. nationals. If convicted, Lindh could face a life sentence.

But, his attorneys will try to convince the judge that those statements should be suppressed. The reason, Lindh was interrogated under what they call torturous conditions, held for 55 days when they contend he should have gone before a magistrate in 48 hours, an according to defense motions, interrogated without access to a lawyer in violation of his constitutional rights. This, the defense argues while Lindh was "completely intimidated, broken, mentally and physically" and while top U.S. officials considered whether to prosecute.

DONALD RUMSFELD, DEFENSE SECRETARY: I don't know quite how we're going to handle him yet. We're thinking about that.

LARRY KING, "LARRY KING LIVE" HOST: Do you think he might be brought to trial?

RUMSFELD: I'm trying to think precisely what I should say.

FRANKEN: Of course, Lindh has been brought back for trial, but government lawyers contend before he was returned he was "treated with exceptional regard for his health, his safety and his security."

Disputing defense claims an FBI agent coerced an alleged confession, prosecutors argue: "Lindh never expressed a reluctance to speak with the agent, never requested counsel, voluntarily waived his Miranda rights, and did so in a knowing and intelligent manner."

ROBERT PELTON, FREELANCE REPORTER: How long have you been in Afghanistan?

JOHN WALKER LINDH: About six months.

FRANKEN: The hearing might also include testimony about the CNN taped interview with the just-captured Lindh. The judge on Friday refused to block a subpoena of the freelance journalist who did the interview, Robert Pelton, brushing aside claims a court appearance would threaten the safety and journalistic independence of all war correspondents.

Defense attorneys claim the reporter acted essentially as an agent of the U.S. government since Lindh was in U.S. military custody at the time.

FRANKEN (on camera): The chaos of combat has been replaced by the rigid order of the courtroom, and the question is whether actions taken around the battlefield, where there are few rules, can withstand the test of the legal system where rules are everything.

Bob Franken, CNN, Alexandria, Virginia.

(END VIDEOTAPE)

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