Dismissal of Most Lindh Counts Urged

John Walker Lindh had a constitutional right to associate with Al Qaeda and another U.S.-identified terrorist group, his lawyers argued Wednesday in seeking dismissal of most counts in his indictment.

Eight of 10 counts amount to guilt by association because there’s no proof that Lindh intended to further illegal aims of the two organizations, the written motion said.

Lindh’s defense team has filed a series of pleadings this week that, together, seek dismissal of the entire case against the former Taliban infantryman.

He is accused of conspiring to murder U.S. nationals, providing support to foreign terrorist organizations and using firearms during crimes of violence.

Three of the counts carry maximum life sentences, and the others have combined penalties totaling 90 years’ imprisonment.

“Central to 1st Amendment freedoms is the right to associate with unpopular and disfavored groups,” said the written motion.

The motion asserted the U.S. Supreme Court, at least five times, has held that an individual cannot constitutionally be punished based solely on association with an organization.

“The indictment does not allege that Mr. Lindh provided Al Qaeda with anything,” the motion said.