Lindh claims First Amendment right to associate with al-Qaida

By The Associated Press

05.16.02

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ALEXANDRIA, Va. — Most criminal charges against John Walker Lindh should be dismissed because the government seeks to punish him for merely associating with unpopular groups including the al-Qaida terror network, his lawyers argue.

There's no proof that Lindh intended to further illegal aims of al-Qaida and another group identified by the United States as a foreign terrorist organization, the written motion said yesterday.

Lindh's defense team has filed a series of pleadings this week that, together, seek dismissal of the entire case against the former Taliban infantryman.

He is accused of conspiring to murder U.S. nationals, providing support to foreign terrorist organizations and using firearms during crimes of violence. Three counts carry maximum life sentences, and the others have combined penalties totaling 90 years imprisonment.

Jury selection begins in the case on Aug. 26 in U.S. District Court in Alexandria.

"Central to First Amendment freedoms is the right to associate with unpopular and disfavored groups," said the written motion.

The motion asserted the Supreme Court, at least five times, has held that an individual cannot constitutionally be punished based solely on association with an organization.

In charging the 22-year-old Californian with aiding al-Qaida and Harakat ul-Mujahidin, a group that has operated in Kashmir, the indictment alleges that Lindh received training from the groups and served in combat against the anti-Taliban Northern Alliance, the motion said. This association was not illegal, the defense asserted.

"The indictment does not allege that Mr. Lindh provided al-Qaida with anything," the motion said.

"The government seeks to penalize Mr. Lindh ... for allegedly providing himself" to the two organizations, it said.

In a separate pleading, the defense challenged the constitutionality of the last count, charging Lindh with carrying firearms during crimes of violence. Since the allegations of aiding terrorist groups do not allege crimes of violence, the firearms count should be thrown out, the defense said.

Update

Prosecutors: American didn't join Taliban to assert his rights
Government asserts that John Walker Lindh's 'freedom of association claim is baseless,' and that 'offenses alleged in the indictment involve violence, not expression.'  06.06.02

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'Publication would be at your peril,' attorneys for John Walker Lindh say in letter to publisher.  03.20.02