Public Interest Law Reporter Volume 7 Article 9 Issue 2 Summer 2002

2002 American Taliban Avoids Charge of Treason, Claims to be Victim of Coercion Jennifer Malone

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Recommended Citation Jennifer Malone, American Taliban Avoids Charge of Treason, Claims to be Victim of Coercion, 7 Pub. Interest L. Rptr. 17 (2002). Available at: http://lawecommons.luc.edu/pilr/vol7/iss2/9

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Civil Liberties and the Constitution AMERICAN TALIBAN AVOIDS CHARGE OF TREASON, CLAIMS TO BE VICTIM OF COERCION By Jennifer Malone by force a treasonable pur- After John Walker Lindh fort." U.S. Const. art. III, § 3.[1]. effecting pled not guilty to charges For a treason conviction, the pose, all those who perform any ofconspiringtokillAmeri- Constitution requires testimony part, however minute, or however cans abroad, providing material as- from two witnesses to the treason- remote from the scene ofaction, ... sistance to terrorists, and giving ous act or a confession in open are to be considered as traitors." goods and services to the Taliban, court. U.S. Const. art. III, § 3.[1]. Ex Parte Bollman and Ex Parte Gail Spann stated, "John Walker Brian Landsburg, law professor at Swartwout, 8 U.S. 75, 126 [Lindh] is a traitor ... I think all the University of the Pacific, (1807). Americans feel the same way I do." McGeorge School of Law, stated, During his statements, Lindh Spann is the mother of the CIA of- "Wholly aside from the substantive claimed his only purpose was reli- ficer, Johnny Spann, who was killed question of whether Lindh commit- gious. Lindh explained his conver- in a prison uprising last year shortly ted treason, this requirement makes sion to Islam, his journey to study after interviewing Lindh. Though treason prosecutions tough to sus- Islam, and his choice to fight with Spann considers Lindh a traitor, tain." According to Ashcroft, if evi- the Taliban. Lindh knew Bin Laden none of the ten charges against dence is found showing Lindh par- and al-Qaeda were "against Lindh include treason. Prosecutors ticipated in the murder of Spann, America" and al-Qaeda's purpose have used Lindh's statements to the Lindh could be charged with trea- was to fight Americans. He knew FBI and evidence of his anti- son. Bin Laden had sent operatives in American sentiment to portray him Victoria Toensing, a former June 2001 to the United States to as a cold-blooded terrorist. The deputy assistant attorney general, conduct suicide missions. By Sep- defense has argued that Lindh is a argues that evidence is already suf- tember 12,2001, Lindh learned of youth who believes in a religious ficient to charge Lindh with treason. the terrorist attacks of September cause and was coerced into mak- "Carrying arms for the Taliban while 116 and understood that they were ing statements by governmental mis- fighting Americans fits both a legal ordered by Bin Laden. Shortly treatment. and common-sense description of thereafter, he was sent to the front that constitutional charge [of trea- lines to protect Bin Laden. "Carrying arms for the son]." Toensing points to Supreme Lindh's knowledge and anti- Taliban while fighting Court precedent in which Hans American actions call into question Americans fits both a Max Haupt was convicted of trea- his alleged religious purpose. His legal and common-sense son for harboring his son, a Ger- anti-American sentiment is ce- man saboteur, during World War II. mented by emails Lindh sent to his description of [treason]." In that case, the Court accepted the parents in which he referred to -- Victoria Toensing, former testimony of FBI agents who con- President George W. Bush as deputy assistant attorney ducted surveillance of Haupt's ac- "...your new president... I'm glad general tions. "Comfort" was inferred from he is not mine." Many have expressed frustra- Haupt's allowing his son to enter Whatever his purpose, Lindh tion that Lindh has not been charged and exit his home. has avoided a treason charge to with treason. Attorney General Because the United States was date. Meanwhile, the defense at- John Ashcroft has explained that involved in a military conflict, tacks the admissibility of Lindh's not all conduct against the United Toensing believes testimony by two statements to the FBI. The defense States by U.S. citizens is suscep- Americans that Lindh was fighting claims Lindh's waiver of his tible to a treason charge. Treason beside the enemy is sufficient for Miranda rights was involuntary be- against the United States consists treason. Former Supreme Court cause he was physically mistreated. only of "...levying War against Chief Justice John Marshall once However, Lindh told CNNthat he them, or in adhering to their En- wrote, "... If a body of men be ac- had been treated well and received emies, giving them Aid and Com- tually assembled for the purpose of adequate treatment. Summer 2002 - News 17 PILR - News Summer 2002

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