After months of debate, the Bush administration has made up its mind how it will prosecute the Marin County man captured while fighting for the Taliban.
The government had considered trying John Walker Lindh in a military court, charging him with treason, and threatening him with death. Instead, he'll be tried in civilian court, and will not face the death penalty if convicted.
The government's case against Walker is based almost entirely on his own statements to the FBI, made after he was read his Miranda rights. The 20-year-old will be tried in U.S. District Court in Arlington, Virginia on four federal charges, including conspiring to kill Americans overseas. He faces life in prison.
"The complaint alleges Walker knowingly and purposefully allied himself with certain terrorist organizations with terror, that he chose to embrace fanatics, and his allegiance to those fanatics and terrorists never faltered," said U.S. Attorney General John Ashcroft.
Those are damning words, but perhaps, words without much legal weight.
"This might be an easy case to defend," said Peter Keane, Dean of the Golden Gate University Law School.
Keane says defense lawyers could get Walker's statements to the FBI thrown out, because he was held incommunicado and unable to talk to an attorney. Even if the statements are admitted, the defense is expected to argue Walker's state of mind.
"You will see something of the Patty Hearst-type defense in Walker's case -- that he was someone who was not making mature judgements, because he was under the sway of some cult-like power and influence," Keane said.
The prosecution now seems vulnerable to a "state of mind" defense.
"We don't know why he chose to turn his back on his country, but he did," Ashcroft said.
The Justice Department originally wanted to charge Walker with treason, which carries the death penalty. One of the last Americans to face such a charge was Iva d'Aquino, better known as Tokyo Rose, the voice of Japanese propaganda during World War II. She was convicted but later pardoned.
For Walker, a charge of treason would require the Taliban to testify on behalf of the U.S. government.
"For a charge of treason, the government would face an almost insurmountable difficulty," said Keane. "They would have to come up with two eyewitnesses for conduct on Walker's part which showed him taking up arms against the United States."
In a written statement this afternoon, Walker's family said, "we are heartened by news reports that John will soon be coming home." The statement continued, "we are disappointed, however, that the government has held and interrogated John for 45 days without allowing him any messages from his family or access to his attorney."
Also, Walker's attorney called for government officials to
stop talking about the case publicly and respect Walker's presumption of
innocence.
Walker is currently being held aboard a U-S military ship. He'll be arraigned
in Virginia, and he could be released on bail. No date for the arraignment has
been set.