Your Honor this is redicilous. The Defense is standing naked as jaybirds before the nation and trying to tell us that the emperor JT has a new set of clothes. Judge there were no requests for Counsel in this case. JT agreed to cooperate with hopes that things would go better for him if and when he was returned to face justice in America.Originally posted by Robber
Not so fast my friend.
First of all, Your Honor, I object to the reference of Mr. Lindh as "Johnny Taliban" or "JT" or any name other than his given name of John Walker Lindh.
Having said that, the gov't has just argued that at the time Mr. Lindh was arrested and taken into custody, they did not believe him to be an American citizen, so he wasn't accorded the rights of an American citizen, including the right to counsel. And over his repeated requests for counsel they coerced a confession. But as soon as they realized that he was a citizen, they quickly provided him with counsel. AFTER THE CONFESSION. And then they argue that even if he were a citizen, he waived his right to counsel prior to the confession.
Your Honor, this is a classic case of governmental abuse. Mr. Lindh was an American citizen at the time of his arrest and should have been provided his constitutional right to counsel upon his request. The government's refusal to provide him with counsel clearly violates the constitution. Having gotten a confession over Mr. Lindh's request for counsel, the government should not be allowed to mention or infer that Mr. Lindh, in any way, confessed to committing the acts of which he is accused.
The government makes a policy argument that every enemy of this nation would demand an attorney if Mr. Lindh's confession is quashed. Well, if those enemies are to be tried in our courts, then they should be accorded all the rights under the constitution. The 14th amendment to the constitution states that no PERSON shall be deprived of life, liberty or property without due process of law. Trying Mr. Lindh in U.S. courts makes U.S. laws applicable. They are applicable to all persons, and not just citizens.
Clearly, Mr. Lindh is an American citizen. He should have been provided counsel upon his first request. All interrogations should have ceased until after he had conferred with counsel. However, if the Court questions Mr. Lindh's citizenship, as previously stated, as this case is being pursued in U.S. courts, then U.S. law applies. In either event, Mr. Lindh was entitled to counsel. He was not provided with counsel. The confession was illegally and unlawfully obtained and should be thrown out. QUASHED!!!!
Originally posted by J-State Tiger
Your Honor this is redicilous. The Defense is standing naked as jaybirds before the nation and trying to tell us that the emperor JT has a new set of clothes. Judge there were no requests for Counsel in this case. JT agreed to cooperate with hopes that things would go better for him if and when he was returned to face justice in America.
Judge as you well know, there are no defense attornies in Afghanistan.The exigencies of the circumstances demanded that Walker be questioned, because he may have had, and did in fact have information vital to our troops in the field and information about the al-queda network.
Bottom line here, is there has been no Government abuse of rights.
Originally posted by Seeing Spots
MAY IT PLEASE THE COURT, Thank you Your Honor,
Able co-counsel Robber has eloquently presented our reasons for the foregoing motion to quash the "confession" illegal obtained from our client.
But before you rule on that matter, we humbly ask that the jurisdiction and venue be transferred to TSPN-land. Given the highly publicized facts of this case, the nature of the charges our client, Mr. Lindh, faces, and because the state of New York citizenzy would not produce a non-prejudicial jury panel from which to choose, we respectfully suggest that the First Judicial District Superior Court of Wanton Disregard and Neglect in and for the State of TSPN be the trier of facts.
Your Honor, this motion is further supported by a newly discovered evidence that Robber, Esq. and I have JUST NOW discovered and that is:
MAKAHO BEDROCK IS JOHN WALKER LINDH
Given this revelation Your Honor we re-urge that any confessions made by our client, Mr. Lin..er Bedrock be thrown out and that the Courts in New York are ill-suited to handle this matter.
We await your answer.
Originally posted by SAME OLD G
Wait a minute dammit! Am I the Judge? I thought I was a Juror. Tell me what role I am in all of this.