John Walker Lindh
Encyclopedia
John Phillip Walker Lindh (born February 9, 1981) is a United States
citizen who was captured as an enemy combatant
during the United States' 2001 invasion of Afghanistan
. He is now serving a 20-year prison sentence in connection with his participation in Afghanistan's
Taliban army. He was captured during the Battle of Qala-i-Jangi
, a violent Taliban prison uprising during which Central Intelligence Agency
officer Johnny "Mike" Spann
was killed.
Lindh received training at Al-Farouq, a training camp in Afghanistan associated with Al-Qaeda
. There, he attended a lecture by Osama bin Laden
and is said to have found him "unimpressive." He was not aware of the planned September 11, 2001 attacks. After the attacks occurred, he continued to stay in fight even after he knew the US was now allied with the Northern Alliance. Lindh had previously received training with Harkat-ul-Mujahideen
, an internationally designated terrorist organization based in Pakistan
.
Lindh went by the name Sulayman al-Faris during his time in Afghanistan, but prefers the name Abu Sulayman al-Irlandi today. In early reports following his capture, he was usually referred to by the news media as just "John Walker".
a Catholic, and grew up in Silver Spring, Maryland
. When he was 10 years old, his family moved to San Anselmo, California
. Lindh suffered from an intestinal disorder as a child. At age 14, Lindh's health improved and he enrolled at Redwood High School as a freshman. He then transferred to Tamiscal High School in the Tamalpais Union High School District
, an alternative school offering self-directed, individualized study programs. While there, he studied world culture, including Islam and the Middle East. Lindh subsequently left the school and eventually earned an equivalent of a high school diploma by passing the California High School Proficiency Exam at age 16.
As an adolescent, Lindh participated in IRC chat room
s. He became a devoted fan of hip-hop
music, and engaged in extensive discussions on Usenet
newsgroups, sometimes pretending to be an African American rapper who would criticize others for "acting black". The Spike Lee
film Malcolm X
impressed him deeply and sparked his interest in Islam
.
Although his parents did not officially divorce until 1999, their marriage was in serious trouble throughout Walker's adolescence; his father would often leave their Marin residence for extended periods to live in San Francisco with a male lover. Frank Lindh stated that they had been effectively separated since 1997.
In 1997, John Lindh officially converted to Islam and began regularly attending mosques in Mill Valley and later San Francisco. In 1998 Lindh traveled to Yemen
, and stayed for about 10 months to learn Arabic so that he would be able to read the Qur'an
in its original language. He returned to the United States in 1999, living with his family for about eight months before returning to Yemen in February 2000, whence he left for Pakistan
to study at a madrassa. While abroad, Lindh sent numerous emails to his family. In one, his father told him about the USS Cole bombing
, to which Lindh replied that since the American destroyer was in the Yemen harbor, it was an act of war against Islam and therefore justified. "This raised my concerns", his father told Newsweek, "but my days of molding him were over." Lindh had just turned 20.
Lindh decided to travel to Afghanistan to fight for the Afghan Taliban government forces against Afghan Northern Alliance
fighters. His parents state that he was moved by stories of atrocities allegedly perpetrated by the Afghan Northern Alliance army against civilians. He traveled to Afghanistan in May 2001, contrary to reports after his arrest that implied or stated that he traveled to Afghanistan to kill Americans after 9/11. American soldiers were not deployed in Afghanistan at the time he joined the Taliban government forces; however, he chose to stay and fight after it was known American forces were in country and backing the Northern Alliance.
Tony West, his lawyer, explained it as follows:
Despite this assertion, Lindh had multiple opportunities to announce his American citizenship and chose not to do so; he instead chose to lie and say he was Irish. Even while being interviewed by John Spann, he still did not announce he was an American citizen. Though much has been made of the fact that Lindh did meet Osama bin Laden, his association with bin Laden was only a passing encounter and not an affiliation.
forces after his Al-Qaeda foreign fighters unit surrendered at Kunduz after retreating from Takar. He and other fighters were questioned by Central Intelligence Agency
(CIA) officers Johnny "Mike" Spann
and Dave "Dawson" Tyson at General Dostum's military garrison, Qala-i-Jangi
, near Mazār-e Sharīf
. As shown on British Channel 4 news, Spann asks Lindh, "Are you a member of the IRA
?" He was asked this question because, when questioned by Spann, an Iraqi in the group identified Lindh as an English speaker. Lindh had been told to say he was "Irish" in order to avoid problems. Moments later, around 11 a.m., the makeshift prison was the scene of a violent Taliban uprising, known as the Battle of Qala-i-Jangi
, in which Spann was killed along with hundreds of foreign fighters. According to other captives interviewed by Robert Young Pelton
for CNN
, Lindh was fully aware of the planned uprising, yet remained silent and did not cooperate with the Americans. Lindh did not report his American citizenship to his captors, despite the fact that it might have provided him better treatment.
Sometime during the initial uprising Lindh was shot in the right upper thigh and found refuge in a basement, hiding with a group of Saudi
, Uzbek
, and Pakistan
i detainees. On the second day, the Red Cross sent in workers to provide treatment to the wounded and try to get them to surrender. As soon as they entered, they were murdered by those inside. The basement was bombarded with repeated RPG and grenade attacks, as well as fuel being poured into the basement and set alight. He was found seven days later on December 2, 2001, when Northern Alliance
forces diverted an irrigation
stream into the middle of the camp in an attempt to flush the remaining prisoners out of their underground shelters, drowning many in the process. Lindh and about 80 survivors from the original 300 were forced out of hiding and recaptured, with the Northern Alliance captors then tightly binding Lindh's elbows behind his back.
Shortly after his recapture, Lindh was noticed and interviewed by Pelton, who was working as an embedded journalist
and stringer
for CNN. Lindh initially gave his name as "Abd-al-Hamid" but later gave his birth name. Pelton brought a medic and food for Lindh and interviewed him about how he got there. While under the influence of morphine, Lindh stated that he was a member of al-Ansar, a group of Arabic-speaking fighters financed by Osama bin Laden. Lindh said that the prison uprising was sparked by some of the prisoner guards smuggling
grenades into the basement, "This is against what we had agreed upon with the Northern Alliance, and this is against Islam. It is a major sin
to break a contract, especially in military situations". A US Army Special Forces operator, fresh from 3 weeks of combat, then gave up his bed so that the wounded Lindh could sleep there. Repeatedly Pelton asked Lindh if he wanted to call his parents or have Pelton do so, but Lindh declined. Pelton knew Lindh was receiving his first medical treatment since being shot in the leg more than a week prior and had been given morphine by a medic prior to Pelton's interview; however, medically speaking, morphine in the doses given as analgesia for a gunshot wound would not be strong enough to produce the mental effects necessary to prevent him from understanding Pelton's repeated questions as to whether or not he wanted to make contact with them. Lindh's parents still maintain that Pelton acquired footage that was prejudicial and manipulative, and that Pelton contributed to the poor image of their son by sharing the footage with the world community without context.
Upon capture, Lindh was given basic first aid and then questioned for a week at Mazār-e Sharīf
, before being taken to Camp Rhino
on December 7, 2001, the bullet still within his thigh. When Lindh arrived at Camp Rhino
he was stripped and he was restrained to a stretcher, blindfolded and placed in a metal shipping container, which was procedure for dealing with a potentially dangerous detainee associated with a terrorist organization. While bound to the stretcher his picture was taken by American military personnel. While at Camp Rhino
he was given Tylox for pain and Valium. He was later to complain that every day passing US military personnel hammered on the sides of the shipping container, shouting abuse and threats. On December 8 and 9 he was interviewed by the Federal Bureau of Investigation
(FBI). He was held at Camp Rhino
until he was transferred to the on December 14, 2001 with other wounded detainees, where his wound was operated on and he received further care.
He was interrogated before the operation on December 14. While on the Peleliu, he signed confession documents while he was held by the United States Marine Corps
and informed his interrogators that he was not merely Taliban but al-Qaeda, though his father later asserted he was not involved in, and unaware of, al-Qaeda. On December 31, 2001, he was transferred to the USS Bataan
, where he was held until January 22, 2002, when he was flown off the Bataan to begin the journey back to the United States to face criminal charges. While on the USS Bataan, Attorney General John Ashcroft
, on January 16, 2002, announced that Lindh would be tried in the United States.
His attorney claimed to the press that he asked for a lawyer repeatedly before being interviewed but he did not get one, and that "highly coercive
" prison conditions forced Lindh to waive his right to remain silent
. Although the FBI asked Jesselyn Radack
, a Justice Department
ethics advisor, whether Lindh could be questioned without a lawyer present, her advice that this should not be done was not followed.
on ten charges:
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).
To forestall this possibility, Michael Chertoff
, then-head of the criminal division of the U.S. Department of Justice, directed the prosecutors to offer Lindh a plea bargain
, to which, Lindh would plead guilty to two charges: — supplying services to the Taliban and carrying an explosive during the commission of a felony . He would also 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 torture
d 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 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. In addition, Lindh agreed to cooperate "fully, truthfully and completely" with both military intelligence
and law enforcement agencies
in the terrorism investigation.
, a high-security facility northeast of Los Angeles. On March 3, 2003, Lindh was tackled by inmate Richard Dale Morrison
, who assaulted Lindh as he knelt in prayer and then ran away, leaving Lindh with bruises on his forehead. On July 2, 2003, Morrison was charged with a misdemeanor
count of assault.
Lindh was held in Federal Supermax
ADX Florence
in Florence, Colorado
for a short time. He is currently serving his sentence at the Federal Correctional Institution at Terre Haute, Indiana
in the Communication Management Unit
. In April 2007, citing the reduced sentence for the Australian prisoner David Matthew Hicks, Lindh's attorneys made a public plea for a Presidential commutation to lower his 20-year sentence.
In January 2009, the Lindh family's petition for clemency was denied by President Bush in one of his final acts in office. According to the U.S. Department of Justice, all "special administrative measures" in place against Lindh expired on March 20, 2009, as part of a gradual easing of restrictions on him.
In 2010, Lindh and Syrian-American prisoner Enaam Arnaout
sued to lift restrictions on group prayer by Muslim inmates in the Communication Management Unit.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
citizen who was captured as an enemy combatant
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
during the United States' 2001 invasion of Afghanistan
War in Afghanistan (2001–present)
The War in Afghanistan began on October 7, 2001, as the armed forces of the United States of America, the United Kingdom, Australia, and the Afghan United Front launched Operation Enduring Freedom...
. He is now serving a 20-year prison sentence in connection with his participation in Afghanistan's
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
Taliban army. He was captured during the Battle of Qala-i-Jangi
Battle of Qala-i-Jangi
The Battle of Qala-i-Jangi took place between November 25 and December 1, 2001, in Northern Afghanistan. It began with the uprising of foreign Taliban prisoners held at Qala-i-Jangi fortress, and escalated into one of the bloodiest engagements of the War in Afghanistan...
, a violent Taliban prison uprising during which Central Intelligence Agency
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
officer Johnny "Mike" Spann
Johnny Micheal Spann
Johnny Micheal "Mike" Spann was a paramilitary operations officer in the Central Intelligence Agency's Special Activities Division. Spann was the first American killed in combat during the U.S. invasion of Afghanistan in 2001.-Early life:Johnny Micheal Spann was originally from the small town of...
was killed.
Lindh received training at Al-Farouq, a training camp in Afghanistan associated with Al-Qaeda
Al-Qaeda
Al-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
. There, he attended a lecture by Osama bin Laden
Osama bin Laden
Osama bin Mohammed bin Awad bin Laden was the founder of the militant Islamist organization Al-Qaeda, the jihadist organization responsible for the September 11 attacks on the United States and numerous other mass-casualty attacks against civilian and military targets...
and is said to have found him "unimpressive." He was not aware of the planned September 11, 2001 attacks. After the attacks occurred, he continued to stay in fight even after he knew the US was now allied with the Northern Alliance. Lindh had previously received training with Harkat-ul-Mujahideen
Harkat-ul-Mujahideen
Harkat-ul-Mujahideen- al-Islami is a Pakistan-based Islamic militant group operating primarily in Kashmir. In 1997, the United States designated Harakat al-Ansar a foreign terrorist organization for links to Osama bin Laden and al-Qaeda, and in response the organization changed its name to...
, an internationally designated terrorist organization based in Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
.
Lindh went by the name Sulayman al-Faris during his time in Afghanistan, but prefers the name Abu Sulayman al-Irlandi today. In early reports following his capture, he was usually referred to by the news media as just "John Walker".
Youth, conversion and travels
Lindh was born in Washington, D.C., to parents Marilyn Walker and Frank Lindh. He was baptizedBaptism
In Christianity, baptism is for the majority the rite of admission , almost invariably with the use of water, into the Christian Church generally and also membership of a particular church tradition...
a Catholic, and grew up in Silver Spring, Maryland
Silver Spring, Maryland
Silver Spring is an unincorporated area and census-designated place in Montgomery County, Maryland, United States. It had a population of 71,452 at the 2010 census, making it the fourth most populous place in Maryland, after Baltimore, Columbia, and Germantown.The urbanized, oldest, and...
. When he was 10 years old, his family moved to San Anselmo, California
San Anselmo, California
San Anselmo is an incorporated town in Marin County, California, in the western United States. San Anselmo is located west of San Rafael, at an elevation of 46 feet . It is located about north of San Francisco. Neighboring towns include San Rafael to the east, Fairfax to the west, and Ross to the...
. Lindh suffered from an intestinal disorder as a child. At age 14, Lindh's health improved and he enrolled at Redwood High School as a freshman. He then transferred to Tamiscal High School in the Tamalpais Union High School District
Tamalpais Union High School District
The Tamalpais Union High School District or TUHSD provides high school education to students residing in ten elementary districts in central and southern Marin County, California and parts of West Marin: Bolinas-Stinson Union, Kentfield, Lagunitas, Larkspur, Mill Valley, Nicasio, Reed Union, Ross,...
, an alternative school offering self-directed, individualized study programs. While there, he studied world culture, including Islam and the Middle East. Lindh subsequently left the school and eventually earned an equivalent of a high school diploma by passing the California High School Proficiency Exam at age 16.
As an adolescent, Lindh participated in IRC chat room
Chat room
The term chat room, or chatroom, is primarily used by mass media to describe any form of synchronous conferencing, occasionally even asynchronous conferencing...
s. He became a devoted fan of hip-hop
Hip hop music
Hip hop music, also called hip-hop, rap music or hip-hop music, is a musical genre consisting of a stylized rhythmic music that commonly accompanies rapping, a rhythmic and rhyming speech that is chanted...
music, and engaged in extensive discussions on Usenet
Usenet
Usenet is a worldwide distributed Internet discussion system. It developed from the general purpose UUCP architecture of the same name.Duke University graduate students Tom Truscott and Jim Ellis conceived the idea in 1979 and it was established in 1980...
newsgroups, sometimes pretending to be an African American rapper who would criticize others for "acting black". The Spike Lee
Spike Lee
Shelton Jackson "Spike" Lee is an American film director, producer, writer, and actor. His production company, 40 Acres & A Mule Filmworks, has produced over 35 films since 1983....
film Malcolm X
Malcolm X (film)
Malcolm X is a 1992 biographical motion picture about the Muslim-American figure Malcolm X . It was co-written, co-produced, and directed by Spike Lee. It stars Denzel Washington as the titular character. It co-stars Angela Bassett, Albert Hall, Al Freeman, Jr., and Delroy Lindo...
impressed him deeply and sparked his interest in Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
.
Although his parents did not officially divorce until 1999, their marriage was in serious trouble throughout Walker's adolescence; his father would often leave their Marin residence for extended periods to live in San Francisco with a male lover. Frank Lindh stated that they had been effectively separated since 1997.
In 1997, John Lindh officially converted to Islam and began regularly attending mosques in Mill Valley and later San Francisco. In 1998 Lindh traveled to Yemen
Yemen
The Republic of Yemen , commonly known as Yemen , is a country located in the Middle East, occupying the southwestern to southern end of the Arabian Peninsula. It is bordered by Saudi Arabia to the north, the Red Sea to the west, and Oman to the east....
, and stayed for about 10 months to learn Arabic so that he would be able to read the Qur'an
Qur'an
The Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...
in its original language. He returned to the United States in 1999, living with his family for about eight months before returning to Yemen in February 2000, whence he left for Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
to study at a madrassa. While abroad, Lindh sent numerous emails to his family. In one, his father told him about the USS Cole bombing
USS Cole bombing
The USS Cole Bombing, or the USS Cole Incident, was a suicide attack against the United States Navy destroyer on October 12, 2000 while it was harbored and refueled in the Yemeni port of Aden. Seventeen American sailors were killed, and 39 were injured...
, to which Lindh replied that since the American destroyer was in the Yemen harbor, it was an act of war against Islam and therefore justified. "This raised my concerns", his father told Newsweek, "but my days of molding him were over." Lindh had just turned 20.
Lindh decided to travel to Afghanistan to fight for the Afghan Taliban government forces against Afghan Northern Alliance
Northern Alliance
The Afghan Northern Alliance is a military-political umbrella organization created by the Islamic State of Afghanistan in 1996.Northern Alliance may also refer to:*Northern Alliance , a Canadian white supremacist group...
fighters. His parents state that he was moved by stories of atrocities allegedly perpetrated by the Afghan Northern Alliance army against civilians. He traveled to Afghanistan in May 2001, contrary to reports after his arrest that implied or stated that he traveled to Afghanistan to kill Americans after 9/11. American soldiers were not deployed in Afghanistan at the time he joined the Taliban government forces; however, he chose to stay and fight after it was known American forces were in country and backing the Northern Alliance.
Tony West, his lawyer, explained it as follows:
"One of the first things he told Army interrogators when they questioned him on December 3 of last year was that after 9/11 happened, he wanted to leave the front lines but couldn't for fear of his life. John never wanted to be in a position where he was opposing the United States (and never thought he would be), and in fact he never opposed any American military."
Despite this assertion, Lindh had multiple opportunities to announce his American citizenship and chose not to do so; he instead chose to lie and say he was Irish. Even while being interviewed by John Spann, he still did not announce he was an American citizen. Though much has been made of the fact that Lindh did meet Osama bin Laden, his association with bin Laden was only a passing encounter and not an affiliation.
Capture and interrogation
Lindh was captured on November 25, 2001, by Afghan Northern AllianceUnited Islamic Front for the Salvation of Afghanistan
The United Islamic Front , known in the West and Pakistan as the Northern Alliance, was a military-political umbrella organization created by the Islamic State of Afghanistan in 1996 under the leadership of Defense Minister Ahmad Shah Massoud...
forces after his Al-Qaeda foreign fighters unit surrendered at Kunduz after retreating from Takar. He and other fighters were questioned by Central Intelligence Agency
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
(CIA) officers Johnny "Mike" Spann
Johnny Micheal Spann
Johnny Micheal "Mike" Spann was a paramilitary operations officer in the Central Intelligence Agency's Special Activities Division. Spann was the first American killed in combat during the U.S. invasion of Afghanistan in 2001.-Early life:Johnny Micheal Spann was originally from the small town of...
and Dave "Dawson" Tyson at General Dostum's military garrison, Qala-i-Jangi
Qala-i-Jangi
Qala-i-Jangi is a 19th century fortress located near Mazar-i-Sharif in northern Afghanistan. It is known for being the site of a bloody 2001 Taliban uprising named the Battle of Qala-i-Jangi, in which at least 470 people were killed including CIA agent Johnny "Mike" Spann...
, near Mazār-e Sharīf
Mazar-e Sharif
Mazār-i-Sharīf or Mazār-e Sharīf is the fourth largest city of Afghanistan, with a population of about 375,000 as of 2006. It is the capital of Balkh province and is linked by roads to Kunduz in the east, Kabul in the south-east, Herat to the west and Uzbekistan to the north...
. As shown on British Channel 4 news, Spann asks Lindh, "Are you a member of the IRA
Provisional Irish Republican Army
The Provisional Irish Republican Army is an Irish republican paramilitary organisation whose aim was to remove Northern Ireland from the United Kingdom and bring about a socialist republic within a united Ireland by force of arms and political persuasion...
?" He was asked this question because, when questioned by Spann, an Iraqi in the group identified Lindh as an English speaker. Lindh had been told to say he was "Irish" in order to avoid problems. Moments later, around 11 a.m., the makeshift prison was the scene of a violent Taliban uprising, known as the Battle of Qala-i-Jangi
Battle of Qala-i-Jangi
The Battle of Qala-i-Jangi took place between November 25 and December 1, 2001, in Northern Afghanistan. It began with the uprising of foreign Taliban prisoners held at Qala-i-Jangi fortress, and escalated into one of the bloodiest engagements of the War in Afghanistan...
, in which Spann was killed along with hundreds of foreign fighters. According to other captives interviewed by Robert Young Pelton
Robert Young Pelton
Robert Young Pelton , is an author, journalist and documentary filmmaker. Pelton is considered an adventurer and a "witness" to conflict. Pelton is known for overcoming extraordinary obstacles in his search for the truth...
for CNN
CNN
Cable News Network is a U.S. cable news channel founded in 1980 by Ted Turner. Upon its launch, CNN was the first channel to provide 24-hour television news coverage, and the first all-news television channel in the United States...
, Lindh was fully aware of the planned uprising, yet remained silent and did not cooperate with the Americans. Lindh did not report his American citizenship to his captors, despite the fact that it might have provided him better treatment.
Sometime during the initial uprising Lindh was shot in the right upper thigh and found refuge in a basement, hiding with a group of Saudi
Saudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
, Uzbek
Uzbekistan
Uzbekistan , officially the Republic of Uzbekistan is a doubly landlocked country in Central Asia and one of the six independent Turkic states. It shares borders with Kazakhstan to the west and to the north, Kyrgyzstan and Tajikistan to the east, and Afghanistan and Turkmenistan to the south....
, and Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
i detainees. On the second day, the Red Cross sent in workers to provide treatment to the wounded and try to get them to surrender. As soon as they entered, they were murdered by those inside. The basement was bombarded with repeated RPG and grenade attacks, as well as fuel being poured into the basement and set alight. He was found seven days later on December 2, 2001, when Northern Alliance
Northern Alliance
The Afghan Northern Alliance is a military-political umbrella organization created by the Islamic State of Afghanistan in 1996.Northern Alliance may also refer to:*Northern Alliance , a Canadian white supremacist group...
forces diverted an irrigation
Irrigation
Irrigation may be defined as the science of artificial application of water to the land or soil. It is used to assist in the growing of agricultural crops, maintenance of landscapes, and revegetation of disturbed soils in dry areas and during periods of inadequate rainfall...
stream into the middle of the camp in an attempt to flush the remaining prisoners out of their underground shelters, drowning many in the process. Lindh and about 80 survivors from the original 300 were forced out of hiding and recaptured, with the Northern Alliance captors then tightly binding Lindh's elbows behind his back.
Shortly after his recapture, Lindh was noticed and interviewed by Pelton, who was working as an embedded journalist
Embedded journalist
Embedded journalism refers to news reporters being attached to military units involved in armed conflicts. While the term could be applied to many historical interactions between journalists and military personnel, it first came to be used in the media coverage of the 2003 invasion of Iraq...
and stringer
Stringer (journalism)
In journalism, a stringer is a type of freelance journalist or photographer who contributes reports or photos to a news organization on an ongoing basis but is paid individually for each piece of published or broadcast work....
for CNN. Lindh initially gave his name as "Abd-al-Hamid" but later gave his birth name. Pelton brought a medic and food for Lindh and interviewed him about how he got there. While under the influence of morphine, Lindh stated that he was a member of al-Ansar, a group of Arabic-speaking fighters financed by Osama bin Laden. Lindh said that the prison uprising was sparked by some of the prisoner guards smuggling
Smuggling
Smuggling is the clandestine transportation of goods or persons, such as out of a building, into a prison, or across an international border, in violation of applicable laws or other regulations.There are various motivations to smuggle...
grenades into the basement, "This is against what we had agreed upon with the Northern Alliance, and this is against Islam. It is a major sin
Sin
In religion, sin is the violation or deviation of an eternal divine law or standard. The term sin may also refer to the state of having committed such a violation. Christians believe the moral code of conduct is decreed by God In religion, sin (also called peccancy) is the violation or deviation...
to break a contract, especially in military situations". A US Army Special Forces operator, fresh from 3 weeks of combat, then gave up his bed so that the wounded Lindh could sleep there. Repeatedly Pelton asked Lindh if he wanted to call his parents or have Pelton do so, but Lindh declined. Pelton knew Lindh was receiving his first medical treatment since being shot in the leg more than a week prior and had been given morphine by a medic prior to Pelton's interview; however, medically speaking, morphine in the doses given as analgesia for a gunshot wound would not be strong enough to produce the mental effects necessary to prevent him from understanding Pelton's repeated questions as to whether or not he wanted to make contact with them. Lindh's parents still maintain that Pelton acquired footage that was prejudicial and manipulative, and that Pelton contributed to the poor image of their son by sharing the footage with the world community without context.
Upon capture, Lindh was given basic first aid and then questioned for a week at Mazār-e Sharīf
Mazar-e Sharif
Mazār-i-Sharīf or Mazār-e Sharīf is the fourth largest city of Afghanistan, with a population of about 375,000 as of 2006. It is the capital of Balkh province and is linked by roads to Kunduz in the east, Kabul in the south-east, Herat to the west and Uzbekistan to the north...
, before being taken to Camp Rhino
Camp Rhino
Forward operating base Rhino, also known as Camp Rhino, was the first US land base established in Afghanistan during Operation Enduring Freedom. It was located in the Registan Desert, southwest of Kandahar.-History:...
on December 7, 2001, the bullet still within his thigh. When Lindh arrived at Camp Rhino
Camp Rhino
Forward operating base Rhino, also known as Camp Rhino, was the first US land base established in Afghanistan during Operation Enduring Freedom. It was located in the Registan Desert, southwest of Kandahar.-History:...
he was stripped and he was restrained to a stretcher, blindfolded and placed in a metal shipping container, which was procedure for dealing with a potentially dangerous detainee associated with a terrorist organization. While bound to the stretcher his picture was taken by American military personnel. While at Camp Rhino
Camp Rhino
Forward operating base Rhino, also known as Camp Rhino, was the first US land base established in Afghanistan during Operation Enduring Freedom. It was located in the Registan Desert, southwest of Kandahar.-History:...
he was given Tylox for pain and Valium. He was later to complain that every day passing US military personnel hammered on the sides of the shipping container, shouting abuse and threats. On December 8 and 9 he was interviewed by the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
(FBI). He was held at Camp Rhino
Camp Rhino
Forward operating base Rhino, also known as Camp Rhino, was the first US land base established in Afghanistan during Operation Enduring Freedom. It was located in the Registan Desert, southwest of Kandahar.-History:...
until he was transferred to the on December 14, 2001 with other wounded detainees, where his wound was operated on and he received further care.
He was interrogated before the operation on December 14. While on the Peleliu, he signed confession documents while he was held by the United States Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
and informed his interrogators that he was not merely Taliban but al-Qaeda, though his father later asserted he was not involved in, and unaware of, al-Qaeda. On December 31, 2001, he was transferred to the USS Bataan
USS Bataan (LHD-5)
USS Bataan is a commissioned in 1997. She is named to honor the defense of the Bataan Peninsula on the western side of Manila Bay in the Philippines during the early days of US involvement in World War II.-Christening:...
, where he was held until January 22, 2002, when he was flown off the Bataan to begin the journey back to the United States to face criminal charges. While on the USS Bataan, Attorney General John Ashcroft
John Ashcroft
John David Ashcroft is a United States politician who served as the 79th United States Attorney General, from 2001 until 2005, appointed by President George W. Bush. Ashcroft previously served as the 50th Governor of Missouri and a U.S...
, on January 16, 2002, announced that Lindh would be tried in the United States.
His attorney claimed to the press that he asked for a lawyer repeatedly before being interviewed but he did not get one, and that "highly coercive
Coercion
Coercion is the practice of forcing another party to behave in an involuntary manner by use of threats or intimidation or some other form of pressure or force. In law, coercion is codified as the duress crime. Such actions are used as leverage, to force the victim to act in the desired way...
" prison conditions forced Lindh to waive his right to remain silent
Miranda warning
The Miranda warning is a warning given by police in the United States to criminal suspects in police custody before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. In Miranda v...
. Although the FBI asked Jesselyn Radack
Jesselyn Radack
Jesselyn Radack is a former ethics adviser to the United States Department of Justice who came to prominence as a whistleblower after she disclosed that the Federal Bureau of Investigation committed an ethics violation in its interrogation of John Walker Lindh , without an attorney present, and...
, a Justice Department
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
ethics advisor, whether Lindh could be questioned without a lawyer present, her advice that this should not be done was not followed.
Trial
On February 5, 2002, Lindh was indicted by a federal grand juryGrand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
on ten charges:
- ConspiracyConspiracy (crime)In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
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).
To forestall this possibility, Michael Chertoff
Michael Chertoff
Michael Chertoff was the second United States Secretary of Homeland Security under President George W. Bush and co-author of the USA PATRIOT Act. He previously served as a judge on the United States Court of Appeals for the Third Circuit, as a federal prosecutor, and as assistant U.S. Attorney...
, then-head of the criminal division of the U.S. Department of Justice, directed the prosecutors to offer Lindh a plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
, to which, Lindh would plead guilty to two charges: — supplying services to the Taliban and carrying an explosive during the commission of a felony . He would also have to consent to a gag order
Gag order
A gag order is an order, sometimes a legal order by a court or government, other times a private order by an employer or other institution, restricting information or comment from being made public.Gag orders are often used against participants involved in a lawsuit or criminal trial...
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 torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
d 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
Donald Rumsfeld
Donald Henry Rumsfeld is an American politician and businessman. Rumsfeld served as the 13th Secretary of Defense from 1975 to 1977 under President Gerald Ford, and as the 21st Secretary of Defense from 2001 to 2006 under President George W. Bush. He is both the youngest and the oldest person to...
.
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
Allocution
Generally, to allocute in law means "to speak out formally." In the field of apologetics, allocution is generally done in defense of a belief. In politics, one may allocute before a legislative body in an effort to influence their position on an issue...
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 parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
.
As another result of Lindh's plea bargain, a Son of Sam law
Son of Sam law
A Son of Sam Law is any American law designed to keep criminals from profiting from the publicity of their crimes, often by selling their stories to publishers. However, this is not in the same manner of asset forfeiture, which is intended to seize assets acquired directly as a result of criminal...
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
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
under federal law, his sentence could be reduced by 15 percent, or three years, for good behavior. In addition, Lindh agreed to cooperate "fully, truthfully and completely" with both military intelligence
Military intelligence
Military intelligence is a military discipline that exploits a number of information collection and analysis approaches to provide guidance and direction to commanders in support of their decisions....
and law enforcement agencies
Law enforcement agency
In North American English, a law enforcement agency is a government agency responsible for the enforcement of the laws.Outside North America, such organizations are called police services. In North America, some of these services are called police while others have other names In North American...
in the terrorism investigation.
Imprisonment
In January 2003, Lindh was sent to the U.S. Penitentiary, VictorvilleUnited States Penitentiary, Victorville
The United States Penitentiary, Victorville is a high-security federal prison for men in the United States. Part of the Federal Correctional Complex, Victorville, USP Victorville is located in Victorville, California, on the grounds of the former George Air Force Base.-Construction:USP Victorville...
, a high-security facility northeast of Los Angeles. On March 3, 2003, Lindh was tackled by inmate Richard Dale Morrison
Richard Dale Morrison
Richard Dale Morrison pled guilty to Damaging Religious Property for setting fire to an all-black Church of Christ in Henderson, Nevada, in 1996...
, who assaulted Lindh as he knelt in prayer and then ran away, leaving Lindh with bruises on his forehead. On July 2, 2003, Morrison was charged with a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
count of assault.
Lindh was held in Federal Supermax
Supermax
Supermax is the name used to describe "control-unit" prisons, or units within prisons, which represent the most secure levels of custody in the prison systems of certain countries...
ADX Florence
ADX Florence
The United States Penitentiary Administrative Maximum Facility is a supermax prison for men that is located in unincorporated Fremont County, Colorado, United States, south of Florence. It is unofficially known as ADX Florence, Florence ADMAX, Supermax, or The Alcatraz of the Rockies...
in Florence, Colorado
Florence, Colorado
The City of Florence is a Statutory City located in Fremont County, Colorado, United States. The population was 3,653 at the 2000 census.ADX Florence, the only federal Supermax prison in the United States, is located south of Florence in an unincorporated area in Fremont County...
for a short time. He is currently serving his sentence at the Federal Correctional Institution at Terre Haute, Indiana
Federal Correctional Complex, Terre Haute
The Federal Correctional Complex, Terre Haute, is a federal prison for adult males located at the intersection of State Road 63 and Springhill Drive, two miles south of Terre Haute, Indiana United States...
in the Communication Management Unit
Communication Management Unit
Communication Management Unit is a recent designation for a self-contained group within a facility in the United States Federal Bureau of Prisons that severely restricts, manages and monitors all outside communication of inmates in the unit.-Origins:As part of the Bush Administration's War on...
. In April 2007, citing the reduced sentence for the Australian prisoner David Matthew Hicks, Lindh's attorneys made a public plea for a Presidential commutation to lower his 20-year sentence.
In January 2009, the Lindh family's petition for clemency was denied by President Bush in one of his final acts in office. According to the U.S. Department of Justice, all "special administrative measures" in place against Lindh expired on March 20, 2009, as part of a gradual easing of restrictions on him.
In 2010, Lindh and Syrian-American prisoner Enaam Arnaout
Enaam Arnaout
Enaam M. Arnaout is a Syrian-American who pleaded guilty to using charitable donations to support fighters in Bosnia without apprising the donors of this, during his tenure as a director of the charity Benevolence International Foundation . -Life:Arnaout was raised in Hamat, Syria...
sued to lift restrictions on group prayer by Muslim inmates in the Communication Management Unit.
In popular culture
- In 2002, former President George H. W. BushGeorge H. W. BushGeorge Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
referred to Lindh as "some misguided Marin County hot-tubber". The comment provoked a minor furor and prompted a retraction of the statement by Bush. - Steve EarleSteve EarleStephen Fain "Steve" Earle is an American singer-songwriter known for his rock and Texas Country as well as his political views. He is also a producer, author, a political activist, and an actor, and has written and directed a play....
recorded a controversial song about Lindh entitled "John Walker's Blues". It was released on his 2002 album Jerusalem. - An episode of Law & OrderLaw & OrderLaw & Order is an American police procedural and legal drama television series, created by Dick Wolf and part of the Law & Order franchise. It aired on NBC, and in syndication on various cable networks. Law & Order premiered on September 13, 1990, and completed its 20th and final season on May 24,...
was based on Lindh's story. The main character was a young man from a middle-class background who converted to militant Islam allegedly due to his fear of women. - In a National Geographic documentary, Taliban Uprising, the only video of Lindh speaking since his capture is shown.
- In 2002 South ParkSouth ParkSouth Park is an American animated television series created by Trey Parker and Matt Stone for the Comedy Central television network. Intended for mature audiences, the show has become famous for its crude language, surreal, satirical, and dark humor that lampoons a wide range of topics...
s episode, Fun with VealFun with Veal"Fun with Veal" is the fourth episode of the sixth season of the animated television series South Park, and the 83rd episode of the series overall. It was originally aired in the United States on Comedy Central on March 27, 2002.-Plot:...
(season 6, episode 4), Randy refers to the boys as "little John Walkers" because they resort to 'eco-terrorism' to rescue baby cows from being killed for vealVealVeal is the meat of young cattle , as opposed to meat from older cattle. Though veal can be produced from a calf of either sex and any breed, most veal comes from male calves of dairy cattle breeds...
.
See also
- Bryant Neal VinasBryant Neal VinasBryant Neal Vinas is a Hispanic Muslim American convicted of participating in and supporting Al-Qaeda plots in Afghanistan and the U.S....
- List of notable converts to Islam
- David Matthew Hicks
- Yasser Esam Hamdi
- Adam Yahiye GadahnAdam Yahiye GadahnAdam Yahiye Gadahn is an American who is a senior operative, cultural interpreter, spokesman and media advisor for the Sunni islamist group Al-Qaeda. Since 2004, he appeared in a number of videos produced by Al-Qaeda as "Azzam the American"...
- Detention of five Americans in Pakistan (Dec. 2009)
- Naser Jason AbdoNaser Jason AbdoNaser Jason Abdo is a Muslim US Army Private First Class who is currently being held without bond for possession of an unregistered firearm and allegedly planning to attack a restaurant frequented by soldiers from Fort Hood.-Early life:Abdo grew up in Garland, Texas and attended Richardson Terrace...
- Anwar al-AwlakiAnwar al-AwlakiAnwar al-Awlaki was an American and Yemeni imam who was an engineer and educator by training. According to U.S. government officials, he was a senior talent recruiter and motivator who was involved with planning operations for the Islamist militant group al-Qaeda...
- Hasan Akbar caseHasan Akbar caseThe Hasan Akbar case refers to an event in the 2003 U.S. invasion of Iraq, when Hasan Karim Akbar was convicted of the double-murder of two officers assigned to Headquarters and Headquarters Company, 1st Brigade Combat Team, 101st Airborne Division at Camp Pennsylvania, Kuwait.The victims were Army...
- Homegrown terrorismHomegrown terrorismHomegrown terrorism is commonly associated with an international organization rather than being a ‘lone wolf’ act committed by isolated and disturbed individuals. It constitutes terrorist attacks from within the target nation, often Western...
- Nidal Malik HasanNidal Malik HasanNidal Malik Hasan, USA is a United States Army officer and sole suspect in the November 5, 2009, Fort Hood shooting, which occurred less than a month before he would have deployed to Afghanistan....
External links
- The Lindh indictment
- Case History: U.S. v. Lindh, on FindLawFindLawFindLaw is a business of Thomson Reuters that provides online legal information and online marketing services for law firms. FindLaw was created by Stacy Stern, Martin Roscheisen and Tim Stanley in 1995, and was acquired by Thomson West in 2001....
- Free John Walker Lindh – Unofficial website.
- "The Real Story of John Walker Lindh" by Frank Lindh, AlterNetAlterNetAlterNet, a project of the non-profit Independent Media Institute, is a progressive/liberal activist news service. Launched in 1998, AlterNet now claims a readership of over 3 million visitors per month .AlterNet publishes original content as well as journalism from a wide variety of other sources...
, January 24, 2006. – An address to the Commonwealth Club of CaliforniaCommonwealth Club of CaliforniaThe Commonwealth Club of California is a non-profit, non-partisan educational organization based in Northern California. Founded in 1903, it is the oldest and largest public affairs forum in the United States...
by John Walker Lindh's father.- Audio file of above speech (in RealAudioRealAudioRealAudio is a proprietary audio format developed by RealNetworks and first released in April 1995. It uses a variety of audio codecs, ranging from low-bitrate formats that can be used over dialup modems, to high-fidelity formats for music. It can also be used as a streaming audio format, that is...
format) - "False and misleading statements by Mr. Frank Lindh omits many known facts: Article of appeal" by Johnny Spann, HonorMikeSpann.com, February 1, 2006. (PDF file) – Response by Mike Spann's father.
- Audio file of above speech (in RealAudio
- "America's 'detainee 001' – the persecution of John Walker Lindh" by Frank Lindh, in The Guardian, 10 July 2011