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1
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MEMORANDUM OF POINTS
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EXTRACTED KEY WORDS
UNITED STATES SUPPORT MEMORANDUM DEFENDANT AUTHORITIES GOVERNMENT EVIDENCE AFFIDAVIT JOHN COMPLAINT AGENT ALLEGED STATEMENTS STATUTE APP DISTRICT COMMUNITY NORTHERN ALLIANCE PRESUMPTION ASBURY AFF BASEMENT ALLEGATIONS AFGHANISTAN LEXIS CONTAINER FLIGHT RISK INTERROGATION AFFIDAVIT SUPPORTING ALEXANDRIA DIVISION PRISONERS |
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IN THE UNITED STATES DISTRICT COUR
t
Alexandria Division
Crim. No. 02-5 1 -M
UNITED STATES OF AMERICA,
Plaintiff
V.
JOHN PHILLIP WALKER LINDH,
Defendant.
MEMORANDUM OF POINTS AND AUTHORITIES
IN SUPPORT OF RELEASE PENDING TRIAL
TABLE OF CONTENTS
Page
TABLE OF AUTHORITIES .~......_......_......
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ii
INTRODUCTION . . . . . . +..... . . . . . . . . . . . ._. . . . . . . .
. . . . . . . . . . ._. _._....,..
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2
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INDICTMENT
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EXTRACTED KEY WORDS
AFGHANISTAN TERRORISTS TRAINING CAMPS GRAND JURY UNITED STATES TALIBAN VIOLENCE WEAPONS LINDH PARAGRAPHS JIHAD MEMBERS INDICTMENT RELEVANT TIMES CITIZENS FIREARMS NATIONALS INCORPORATES VIOLATION GENERAL ALLEGATIONS DEFENDANT MATERIAL SUPPORT JURISDICTION WILLFULLY VIOLATE HOLY WAR AFFILIATED ORGANIZATIONS FINANCIALIY SUPPORTED TRAINING EXPLOSIVES MASS DESTRUCTION |
UNITED STATES OF AMERICA 1 CmALNO.: od- 37'4
V. ; Conspiracy to Murder U.S.
Nationals (18 U.S.C. 4 2332(b))
JOHN PHILLIP WALKER LNH, (Cmnt One)
#a "Suleyman al-Faris," Conspiracy ta Provide Material
alkla `Abdul Hamid," Support & Resources to Foreign
Terrwist Organizations (18 U.S.C. '
Defeadant 32339Ei) (Counts Two & Four)
Providkg Material Support &
Resomces to Foreign Terrorist
Organizations (18 U.S.C. $$2339B
& 2) (Counts Three & Five)
Conspiracy to Contribute Services
to al Qaeda (31 C.F.R. QQ 595.305
& 595.204 & 50 U.S.C. p 1705(b))
(Count Six)
Contibuting Services to al
Qaeda (31 C.F.Rb §§ 595.204 &
595.205,50 U.S.C. 8 1705(b) &
1X U.S.C, 4 2) (Count Seven)
Conspiracy to Supply Services to the
TaIiban (31 C.F.R $5 545.206(h) &
545.204 & 50 U.S.C. 4 17050))
(Count Eight)
Supplying Services to the Taliban
(31 C.F.R. 04 545.204 & 545.206(a),
50 U.S.C. Q 1705(b) & 18 U.S.C. 4
2) (COLUIX Nine)
Using and Cmying Firearms and
Ik-iructive Devices During Crimes
of~ialenee (1X U.S.C. $9 924(c) &
2) (Count Ten)
FEBRUARY 2002 TERM - AT ALEXANDRIA
INi3TCTMENT
THE GRAND JURY CHARGES THAT:
-L ALLEGATIONS
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3
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GOVT OPP TO DEF MEMO
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EXTRACTED KEY WORDS
LINDH QAEDA TERROR AMERICAN DETENTION COURT MOTHER VIOLENCE CONSPIRACY CRIMES CHARGES LIFE OFFENSE GOVERNMENT MATERIAL SUPPORT BOMBING DANGER COMMUNITY INTENT FACTS NATIONALS TERRORIST ORGANIZATION RESOURCES PRISON DEFENDANT CAMP QAEDA SOLDIER MEMBERS SUPPRESSION |
IN THE UNITED STATES DI$TR,ICT CO
FOR THE EASTERN DISTRICT OF VIRG
Alexandria Division
UNTTED STATES OF AMERICA >
>
> Case Number 02-51-M
v. ) Judse Sewell
;
JOmPHlLLp WALKERLINDH 1
GO-`5 OPPOSnION ICI
DEFENDANT'S ~MORANDUM IN SUPPORT OF RELEASE
4ND .CWmNm~`S PROFFER IN SUPPORT OF DETENTION
By each of the critical factors that governs detentioq John Phillip Walker Lirldh
be detained pending tiaL He poses P grave risk of flight and an equally grave danger to the
community. Defendant's claims - that Lindh has no history of violence or dangerous conduct,
I
shows rto tendency to violence, had no intent to harm anyone ad is a safe bet for release to his
parmts - is entirdy belied by the facts alleged in the affidavic by the indictment now before
COUI?, and by the additimal evidwce proffmd in this memomda.
Several preliminary points should be made:
First, tidh has now been indicted. That indictment charges Lindh with 10 Blony
counts, including three counts - Conspiracy to Murder US. Nationals (Comt One), Conspiracy
to Provide Material Support & Rasourcq to a Foteiga Terrorist Organization (Count Four), and
Providing Material Support & Resources to a Fore@ Terro& Or,@nization (Count Five) - that
cay a maximum pena@ of life in prison. In addition, Count 10, which charges Lindh with
Using and Carrying Fitearms and Desvuctive Devices Durin,o Crimes of Violence, cties a 30
. .
yev mnandatory minimum sentence. Thus, any assessment as to the risk of fhght
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4
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WEST DECLARATION
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EXTRACTED KEY WORDS
LINDH REQUEST UNITED STATES BELLOWS DETENTION HEARING AGENT KELLEY FBI CAPTURED AMERICAN RELYING CRIMINAL COMPLAINT BASIS SPECIAL AGENT SWORN AFFIDAVIT REPORTS DEFENSE CNN OFFICIALS EASTERN DISTRICT VIRGINIA WALKER RANDY DAVID POSSESSION SPECIAL AGENT ASBURY REITERATING RESPONSE SUPPORT DEFENDANT |
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
Crim. No. 02-5 1 -M
UNITED STATES OF AMERICA,
Plaintiff,
V.
JOHN PHILLIP WALKER LINDH,
Defendant.
DECLARATION OF TONY WEST
I, Tony West, declare as follows:
1. I am an attorney licensed to practice in the State of California and am appearing
pro ham vice in the above-captioned case, representing Mr. Lindh. I make this
declaration based on personal knowledge and if called as a witness could and would
testify compently to the contents herein.
2. On January 24,2002, after Mr. Lindh's initial appearance before this Court,
counsel for Mr. Lindh, Jim Brosnahan, George Harris, Raj Chatterjee and I, met with the
attorneys for the Government, Randy Bellows and David Kelley, in the offices of the
United States Attorney for the Eastern District of Virginia.
3. At that time, we requested that the Government promptly provide us with any of
Mr. Lindh's statements it had in its possession or control, as well as any FBI 302s upon
which the Government was relying in the criminal complaint it filed against Mr. Lindh.
It is our position that Mr. Lindh is entitled to the statements that the Government claims
form the basis for a finding of probable cause against Mr. Lindh, and that such
sf- 12473 84 Page 1 of 2
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5
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PROFFER
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EXTRACTED KEY WORDS
PRISONERS CONTAINER BASEMENT FOOD SOLDIERS AGENT BLINDFOLD AFGHANISTAN FORT DUCTS INTERROGATORS LAWYER METAL CONTAINER GOVERNMENT GUARDS WOUNDS STRETCHER SHIPPING CONTAINER FEET PARENTS FIRST TIME COUNSEL CAMP RHINO TROOPS SHRAPNEL WATER VENTILATION KILLING FUEL |
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VLRGINIA
Alexandria Division
UNITED STATES OF AMERICA
Crim No. 02-5 1 -M
Plaintiff,
PROFFER IN SUPPORT OF
V. PRE-TRIAL RELEASE
JOHN PHILLIP WALKER LINDH
Defendant.
Pursuant to 18 U.S.C. 9 3 142(f), counsel for the defendant, John Lindh,
proffer the following information based on their investigation to date of facts
relevant to the conditions under which Mr. Lindh allegedly made statements to an
FBI agent on December 9 and 10, 2001, while being held at the Camp Rhino
Marine base south of Kandahar in Afghanistan.
1. In early November 2001, troops of the State of Afghanistan
defending a battle line against Northern Alliance advances in the Takhar region
retreated towards Kunduz. Mr. Lindh walked without rest for about two days,
covering approximately 50 miles through mountainous terrain before arriving in
Kunduz. Upon arrival, he was exhausted, severely dehydrated, and in physical
and psychological shock that impaired his ability to speak.
2. On approximately November 24,2001, Mr. Lindh and others
surrendered their weapons to troops under the command of General Abdul Rashid
Dostum ("Dostum") and were driven by truck to the fortress at Qala-i-Jangi
("QIJ") near Mazar-e-Sharif.
lsf-124741 111
3. At QIJ, Mr. Lindh was held prisoner by Dosturn's forces. Dostum
and his troops have a reputation for massacring, raping &nd looting prisoners.
That reputation was known to Mr. Lindh and others.
4. On or about November 25,200 1, Mr. Lindh was seated on the
ground in the area around the QW fort with his hands bound behind him. At that
time, he heard an explosion. When Mr. Lindh attempted to run, he was hit by
shrapnel or bullets and fell to the ground, where he lay for some hours until he
was helped into the basement of the fort by other prisoners.
5. Mr. Lindh remained in the QIJ fort basement for about seven days
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6
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CRIMINAL COMPLAINT
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EXTRACTED KEY WORDS
UNITED STATES INTERVIEW CAMP AFGHANISTAN REPORT TERRORISM UNITED STATES CODE AL-QAEDA TALIBAN SPECIAL AGENT AMERICAN FIGHT ACCORDING AL-FARIS DISTRICT DEFENDANT SUPPORT JOHN PHILIP WALKER JURISDICTION HUM QIJ ABDUL HAMID FBI GOVERNMENT CONSPIRACY VIOLATION FOREIGN TERRORIST ORGANIZATIONS RIGHTS TAKHAR |
A0 91 (Rev. 5/k?) Criminal Cumphtt
UNITED STATES OF AMERlC.4
V.
JOHN PmLp WALKERLmH
&/a =$uleyman al-Faris"
&la "Abdvl Hsmid"
I, the undersigned complainant being duly Swb~`n
state the following is
knowledge and belief. From in Or about MZJV 7301 throueh in or about December 2001, out
particular State and district, defendant(s) did, (T~~S~JWW L~IIIW~~~OII~~~)
Unlawfully and knowingly, wutside the Unlled SKateS,
engage in a conspiracy to
Such nationals were outside the United States
in violation of Title 18 United States Code, Section(s)
I further state that I am a(n) Special APefit. PI31 and that this complaint is based on
mkhl Thh
SeeAttached Affidavit
continued on the attached sheet and made a part hereof: IXI Yes
cewne Q.
Au$A$- David N. Kelley, Robert A. SpSnCer
Sworn to before me and subscribed in My Presence,
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