U.S. Deals Setback to Lindh’s Lawyers

Government lawyers on Tuesday rejected direct questioning of military detainees in Cuba by attorneys for John Walker Lindh, the American who fought on the front lines with Al Qaeda and Taliban prisoners.

The defense team should submit written questions to Defense Department interrogators, who would pose them without informing the prisoners that they originated with lawyers for their fellow foot soldier, the written pleading said.

“If detainees learn that they can communicate with one of their number through the American criminal justice system, including through defense counsel, their continued willingness to cooperate with interrogators may be severely compromised,” the motion said.

Defense lawyers sought face-to-face interviews with prisoners who could potentially help Lindh’s assertion that he did not kill Americans and, specifically, played no role in the killing of a CIA agent during a prison uprising in Afghanistan.

Prosecutors originally countered with a proposal for written questions and answers.

In Tuesday’s filing, they went further but rejected a live video hookup suggested by U.S. District Judge T.S. Ellis III, who said that he would impose a solution at a May 28 hearing if there is no agreement.

The filing contended that the procedure would not allow enough time for Pentagon monitors to screen questions to protect national security information.

The proposal would provide for:

* Department of Defense teams, separated from prosecutors, to question the prisoners based on the written questions.

* Written summaries of the responses, furnished to the defense counsel as soon as possible.

* Opportunity for follow-up questions by the defense.

* Audio/video recordings of the interviews.

A government review team would screen the questions to ensure that they are relevant to the criminal prosecution and guard against the release of sensitive information.

Lindh, 21, who grew up in Marin County, is charged with conspiring to murder U.S. nationals; providing support and services to foreign terrorist organizations, including the Al Qaeda terrorist network; and using firearms and destructive devices during crimes of violence.

Three of the 10 charges carry maximum life sentences; the other seven have prison terms of up to 90 years.