United States v. Lindh

212 F.Supp. 2d 541 (2002)

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Nature of the Case

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Facts

D attended a military training camp in Pakistan run by Harakat ul-Mujahideen (HUM), an Islamic terrorist group. D informed HUM officials that 'he wished to fight with the Taliban. D traveled from Pakistan into Afghanistan 'for the purpose of taking up arms with the Taliban.' On his arrival, D presented a letter of introduction from HUM and advised Taliban personnel 'that he was an American and that he wanted to go to the front lines to fight.' D agreed to receive additional and extensive military training at an al Qaeda training camp. He knew that a principal purpose of al-Qaeda was to fight and kill Americans.' D participated fully in training activities, despite being told early in his stay that 'Bin Laden had sent forth some fifty people to carry out twenty suicide terrorist operations against the United States and Israel.' D learned weapons, orientating, navigation, explosives, and battlefield combat. D met personally with bin Laden, 'who thanked him and other trainees for taking part in jihad.' D swore allegiance to jihad in June or July 2001. D fought against Northern Alliance troops in the Takhar trenches, rotating every one to two weeks. D remained with his fighting group following the September 11, 2001, terrorist attacks, 'despite having been told that Bin Laden had ordered the [September 11] attacks, that additional terrorist attacks were planned, and that additional al Qaeda personnel were being sent from the front lines to protect Bin Laden and defend against an anticipated military response from the United States.' Eventually, D surrendered to Northern Alliance troops. D was interviewed by two Americans--Agent Johnny Micheal Spann from the Central Intelligence Agency (CLA) and another government employee. Taliban detainees in the compound attacked Spann and the other employee, overpowered the guards, and armed themselves. Spann was shot and killed in the course of the uprising. D, after being wounded, retreated with other detainees to a basement area. D was once again taken into custody. D was transported to the US and charged with a ten-count indictment.