John Walker Lindh - Trial

Trial

On February 5, 2002, Lindh was indicted by a federal grand jury on ten charges:

• Conspiracy to murder US citizens or US nationals
• Two counts of providing material support and resources to terrorist organizations
• One count of supplying services to the Taliban
• Conspiracy to contribute services to Al Qaeda
• Contributing services to Al Qaeda
• Conspiracy to supply services to the Taliban
• Using and carrying firearms and destructive devices during crimes of violence

If convicted of these charges, Lindh could have received up to three life sentences and 90 additional years in prison. On February 13, 2002, he pleaded not guilty to all 10 charges. The court scheduled an evidence suppression hearing, at which Lindh would have been able to testify about the details of the torture to which he claimed he was subjected. The government faced the problem that a key piece of evidence – Lindh's confession – might be excluded from evidence as having been forced under duress (i.e. torture).

Michael Chertoff, then-head of the criminal division of the U.S. Department of Justice, then directed the prosecutors to offer Lindh a plea bargain, to which, Lindh would plead guilty to two charges: — supplying services to the Taliban (50 U.S.C. § 1705(b), 18 U.S.C. § 2, 31 C.F.R. 545.204, and 31 C.F.R. 545.206a) and carrying an explosive during the commission of a felony (18 U.S.C. § 844(h)(2)). He would have to consent to a gag order that would prevent him from making any public statements on the matter for the duration of his 20-year sentence, and he would have to drop any claims that he had been mistreated or tortured by U.S. military personnel in Afghanistan and aboard two military ships during December 2001 and January 2002. In return, all other charges would be dropped. The gag order was supposedly at the request of Secretary of Defense Donald Rumsfeld.

Lindh accepted this offer. On July 15, 2002, he entered his plea of guilty to the two remaining charges. The judge asked Lindh to say, in his own words, what he was admitting to. Lindh's allocution went as follows: "I plead guilty", he said. "I provided my services as a soldier to the Taliban last year from about August to December. In the course of doing so, I carried a rifle and two grenades. I did so knowingly and willingly knowing that it was illegal." Lindh further commented that he "went to Afghanistan with the intention of fighting against terrorism and oppression," fighting for the suffering of ordinary people at the hands of the Northern Alliance. On October 4, 2002, Judge T.S. Ellis, III formally imposed the sentence: 20 years without possibility of parole.

As another result of Lindh's plea bargain, a Son of Sam law was invoked. Any and all profits made from book deals or any movies about Lindh's experience will be automatically handed over to the federal government. Lindh, his family, his relatives, his associates and his friends will be unable to profit financially from his crimes and/or experiences. Lindh's attorney, James Brosnahan, said Lindh would be eligible for release in 17 years, with good behavior. This is because, although there is no parole under federal law, his sentence could be reduced by 15 percent, or three years, for good behavior. Lindh also agreed to cooperate "fully, truthfully and completely" with both military intelligence and law enforcement agencies in the terrorism investigation.