Jihad Johnny Says Interrogation Violated Rights

June 14, 2002
 
WASHINGTON (Reuters) - U.S. officials violated John Walker Lindh's Fifth Amendment rights by improperly interrogating him in custody, his attorneys said on Friday in arguing that the American Taliban's incriminating statements should be thrown out.

In court documents filed with the U.S. District Court, Lindh's lawyers said U.S. interrogators have failed to offer Lindh his so-called Miranda rights. The rights are a bedrock of the American legal system that requires that all suspects be told they have the right to an attorney and to remain silent.

Lindh, a 21-year-old Californian captured in Afghanistan last year while fighting with the Taliban, was taken into custody on Dec. 1, 2001 by the Northern Alliance then transferred to the custody of U.S. military forces.

"After being taken into U.S. custody, Mr. Lindh was held incommunicado and repeatedly interrogated without any attempt to advise him of his Fifth Amendment rights until Dec. 9," his attorneys said in a memorandum to the court.

"This is true despite the fact that the interrogators were well aware of their duty to give Mr. Lindh advice of rights," the defense said.

"The government does not contend that any warnings were provided to Mr. Lindh prior to Dec. 9, 2001," the attorneys said. "Therefore, any statements allegedly made by Mr. Lindh in response to government questioning prior to that date ... must be suppressed."

The statements given by Lindh while in Afghanistan help form the base of the government's case against him.

Lindh has pleaded not guilty to a 10-count indictment charging him with conspiring with and aiding the Taliban and Osama bin Laden's al Qaeda network.

The United States blames bin Laden and al Qaeda for the Sept. 11 attacks on America.

In court filings detailing what will likely be the defense's main argument against the government, Lindh's attorneys also gave a detailed account of their client's physical and mental condition leading up to his arrest and conditions of his confinement while in U.S. custody.

They said when Lindh was finally read an "advice of rights" form by an FBI agent on Dec. 9, Lindh signed it but under "highly intimidating and coercive circumstances created by the government."

Lindh was sleep-deprived, malnourished, hungry and in pain at the time as he had a bullet and shrapnel still lodged in his body.

"Mr. Lindh reasonably perceived that only by signing the form could he hope for relief for the oppressive conditions of his captivity," the defense said.

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