03/08/07

Judge says U.S. Taliban soldier John Walker Lindh's arguments for lighter sentence stay secret


By LARRY NEUMEISTER
Associated Press Writer

NEW YORK (AP) -- The public cannot see the arguments American-born Taliban soldier John Walker Lindh made in the hope of shortening his 20-year prison sentence, a federal judge has ruled.

U.S. District Judge Loretta A. Preska decided the documents can remain sealed because prosecutors said Lindh's motion did not contain allegations of government misconduct.

She said in a decision Wednesday that The Associated Press, in asking that the documents be made public, failed to show that the public interest in disclosure outweighed Lindh's privacy interest.

The AP submitted a Freedom of Information Act request in January 2006 for any petitions Lindh had submitted seeking a reduction in his sentence after he pleaded guilty in 2002 to various crimes, including supplying services to the Taliban in Afghanistan.

Lindh had submitted a 30-page petition to reduce the sentence.

Lindh, 26, was captured in Afghanistan in November 2001 in the U.S.-led invasion to topple the Taliban after the Sept. 11 terrorist attacks. He was charged with conspiring to kill Americans and support terrorists but pleaded guilty in 2002 to lesser offenses, including carrying weapons against U.S. forces. He also agreed to withdraw claims that he had been abused or tortured in U.S. custody.

The AP had argued that Lindh's reasoning for a shorter sentence should be public because there was high interest in his case and the government's handling of it, and there might be allegations of government misconduct in the papers.

The government responded that the documents should be kept secret because they are similar to personal and medical records and because no evidence of government misconduct in the case had been alleged.

David A. Schulz, a lawyer for the AP, said the judge interpreted the Freedom of Information Act too narrowly by rejecting the request simply because prosecutors said there was no evidence of government misconduct. He said the purpose of the act was to let people know what the government is doing.

Yusill Scribner, a spokeswoman for the U.S. attorney's office, had no comment.

Lindh's lawyer, James Brosnahan, did not immediately return messages seeking comment.

Lindh, held at the medium-security federal penitentiary in Victorville, Calif., applied for clemency in 2004 and followed up in 2005. Department of Justice officials told him it would be at least a year before a decision was made.

The AP said in its lawsuit that it sought the records early last year but was told by the government that it could only release documents with Lindh's written consent. Lindh is barred by his plea agreement from publicly commenting on the matter, including consenting to the release.

Schulz said no decision had been made on an appeal.