John Walker Lindh

INDIANAPOLIS (Reuters) – John Walker Lindh, known as the “American Taliban,” and other Muslims housed in an Indiana prison have the right to congregate for daily group prayer sessions, a federal judge ruled on Friday.

The decision by officials at the federal prison in Terre Haute, Indiana, to ban daily group prayers for Muslim inmates violates the Religious Freedom Restoration Act of 1993, U.S. District Judge Jane Magnus-Stinson said.

The ruling came in a complaint filed by the American Civil Liberties Union of Indiana on behalf of Lindh, who was captured in Afghanistan and imprisoned in the United States after the September 11, 2001, attacks, and two other Muslim inmates.

The case was argued before Magnus-Stinson last August.

Prison officials cited security reasons for prohibiting inmates from getting together five times a day for unsupervised ritual prayer services.

But the court noted that the prisoners were not otherwise confined to their cells during these times and were permitted to engage in other group activities such as talking, watching videos and playing games.

The judge also said the prison had sophisticated audio and video surveillance equipment in place for monitoring prisoner activities.

Magnus-Stinson gave the prison warden 60 days to come up with a new policy for Muslim prayer.

Lindh, who was born in the United States, has been in prison since 2002. He pleaded guilty to supplying services to the Taliban and carrying an explosive during the commission of a felony.

Lindh is currently considered a low-security risk among the prison population, according to court documents. He is allowed to play contact sports and cards, and to watch television and movies, including Muslim videos in Arabic, the ruling said.

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My son is not a traitor or a terrorist, says Frank Lindh, but a victim of hysteria

John Walker Lindh, seen here in an undated police photo, was arrested in 2001 as a terrorism suspect, and remains in custody today.John Walker Lindh, seen here in an undated police photo, was arrested in 2001 as a terrorism suspect, and remains in custody today. Photo: REUTERS/Alexandra Sheriffs Dept

JOHN PHILLIP WALKER Lindh was labeled by the American government as “Detainee 001″ in the “war on terror.” John occupies a prison cell in Terre Haute, Ind., a prisoner of the American government since Dec. 1, 2001. He is entirely innocent of any involvement in the 9/11 terror attacks, or of any allegiance to terrorism — that is not disputed. Indeed, all accusations of terrorism against my son were dropped by the government in a plea bargain, which was approved by the U.S. district court in which the case was brought.

John was raised a Roman Catholic, but converted to Islam at 16. A year later, in 1998, he traveled to Yemen to embark upon a rigorous course of religious study. He later continued his studies in Pakistan,  and in late April 2001, he wrote to me and his mother, saying he planned to go into the mountains to escape the oppressive summer heat. We had no further contact with him for seven months. Unbeknownst to us, he crossed the Khyber Pass into Afghanistan, to volunteer for service in the Afghan army, which was then under the control of the Taliban government.

The Taliban were engaged in a long-running civil war against a Russian-backed insurgency known as the Northern Alliance. John was quickly accepted as a volunteer, and received two months of infantry training in a Taliban military camp before being dispatched to the front lines. His decision to volunteer was rash, and failed to take into account the Taliban’s mistreatment of their own citizens — especially women. But the brutal human-rights violations of the Northern Alliance warlords were also well-documented: massacres, rape — of both women and children — torture, and castration, all thoroughly documented in the U.S. State Department’s annual human-rights reports throughout the 1990s.

From the time of the Soviet invasion in 1979, tens of thousands of young Muslim men from all over the world had volunteered, and these young soldiers performed heroically in the defeat of the Soviet Union. Their cause was openly supported by the American government, particularly during the administration of President Ronald Reagan, who declared, “They are our brothers, these freedom fighters, and we owe them our help.”

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By Frank Lindh

Frank Lindh, father of ‘American Taliban’ John Walker Lindh, explains why his son is an innocent victim of America’s ‘war on terror’

John Walker Lindh following his capture by US troops in December 2001.
Photograph: Getty Images

John Walker Lindh following his capture by US troops in December 2001. Photograph: Getty Images

John Phillip Walker Lindh, my son, was raised a Roman Catholic, but converted to Islam when he was 16 years old. He has an older brother and a younger sister. John is scholarly and devout, devoted to his family, and blessed with a powerful intellect, a curious mind, and a wry sense of humour.

Labelled by the American government as “Detainee 001″ in the “war on terror”, John occupies a prison cell in Terre Haute, Indiana. He has been a prisoner of the American government since 1 December 2001, less than three months after the terror attacks of 9/11.

John is entirely innocent of any involvement in the terror attacks, or any allegiance to terrorism. That is not disputed by the American government. Indeed, all accusations of terrorism against John were dropped by the government in a plea bargain, which in turn was approved by the US district court in which the case was brought.

Despite its proud history as a stable constitutional democracy, the US has, for 10 years, been affected by post-traumatic shock, following the horrific events of 11 September 2001. I can find no other explanation for the barbaric mistreatment and continued detention of a gentle young man like John Lindh.

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With the death of Osama bin Laden, there is now an opportunity for a huge peace dividend — an end to the occupation of Afghanistan, and an opportunity to close Guantánamo — which will probably not happen, even though it should, because of powerful vested interests. These include the lawmakers intent on using bin Laden’s death as an excuse to further ramp up the “War on Terror” by revising the Authorization for Use of Military Force, the founding document of the phoney war, and to claim, in spite of all the evidence, that George W. Bush’s torture program was a good idea and helped to track down bin Laden (which it didn’t), and that Guantánamo was useful for producing reliable intelligence (which it wasn’t).

I tackled all of these dangerous lies and distortions in my articles, With Osama bin Laden’s Death, the Time for US Vengeance Is Over, Osama bin Laden’s Death, and the Unjustifiable Defense of Torture and Guantánamo and No End to the “War on Terror,” No End to Guantánamo, but although I also implied that it was ridiculous to continue holding people at Guantánamo whose only crime seems to have been that they saw Osama bin Laden from afar while attending a training camp in Afghanistan, what I didn’t reflect on directly were specific victims of the hysteria of the “War on Terror.”

Clearly, this process includes dressing up soldiers at Guantánamo as terrorists to placate those who believe that being strong means being both brutal and stupid, but, as the lawyer Frank Lindh explained in an op-ed in the New York Times last week, it also includes his son, John Walker Lindh, forever tarred as “the American Taliban,” who was one of the first scapegoats of the “War on Terror.”

Seized by the Northern Alliance and transferred to US custody after the horrific Qala-i-Janghi massacre in northern Afghanistan in November 2001, Lindh was never sent to Guantánamo (even though he had been designated as Guantánamo prisoner number 1 — ISN number 001), because the horrors of Guantánamo were only for foreigners, and not for anyone in possession of an American passport.

 

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By CHARLES WILSON

INDIANAPOLIS (AP) — Two more Muslim inmates are trying to join  John Walker Lindh and another prisoner in a federal lawsuit asking for them to be allowed to hold daily group prayers in their highly restricted cell block.

A federal judge on Monday gave the American Civil Liberties Union until Jan. 17 to respond to objections from the Bureau of Prisons.

The push to add individual plaintiffs comes after U.S. District Judge Jane Magnus-Stinson denied the case class action status last month.

Lindh, 29, and Brian Carr, 43, claim the prison’s policy restricting group prayer in the Communications Management Unit at the federal prison in Terre Haute violates their religious rights. The government contends that restrictions at the CMU are necessary for security and don’t violate inmates’ rights. Both sides hope Magnus-Stinson will rule the facts are in their favor, avoiding a trial.

Carr, who is serving a 20-year sentence for a bank robbery in Washington, joined the lawsuit in September after another inmate involved in it was released from prison, ACLU attorney Ken Falk said.

 

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By John Walker Lindh

An avuncular man whose sole name is Sam is

Inscribing his memoirs in history’s annals

His quill dips and scribbles lifts and scribbles some more

With a fist to his jaw and shibshibs on the floor

His inkwell runs dry so he rises to fill it

From a flask of fresh blood that’s corked by a bullet

He sits right back down and starts scratching the pad

To write of an innocent bright faced young lad

*

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INDIANAPOLIS — American-born Taliban fighter John Walker Lindh and another Muslim inmate have asked a judge to order a federal prison to allow them and other Muslims in their highly restricted cell block to pray as a group, in accordance with their beliefs.

The American Civil Liberties Union last Thursday filed a motion in U.S. District Court in Indianapolis for summary judgment on behalf of Lindh, 29, and Enaam Arnaout, 47, who claim that the prison’s policy restricting group prayer in the Communications Management Unit violates their religious rights. The ACLU contends there are no disputes over the facts of the case and that the law is on the inmates’ side, and asks the judge to rule in their favor.

Lindh, who is serving a 20-year sentence at the Terre Haute prison for aiding Afghanistan’s now-defunct Taliban government, wrote in a legal declaration that his religion requires him to pray five times a day, preferably in a group. “This is one of the primary obligations of Islam,” he wrote.

Praying in his cell is not appropriate, he said, because the Quran requires a ritually clean place for prayer and he is forced to kneel “in close proximity to my toilet.”

Lindh wrote that Muslims in the unit are currently being allowed to pray together once a day during Ramadan. At other times, the group prayers had been limited to once a week, court documents said.

 

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Federal Penitentiary, Terre Haute

Federal prison officials during the Bush administration began a secretive program to segregate inmates, most of whom are Muslims, and limit their ability to communicate with the outside world. Known as Communications Management Units (CMUs), these “prisons within a prison” were set up at two Midwestern federal penitentiaries, one in Terre Haute, IN, and the other in Marion, IL.

Based on testimony from a former CMU inmate, these special prisons may house up to 40 prisoners—of whom 70% are adherents of Islam. None of the CMU inmates are categorized as a high-security threat, and yet they cannot send or receive written communications without it first being reviewed by prison officials.
Some critics of CMUs contend there is growing evidence the federal government created the secret prisons to extract information from inmates for the war on terrorism.
Officially, the Federal Bureau of Prisons says the CMUs are used to “house inmates who, due to their current offense of conviction, offense conduct or other verified information, require increased monitoring of communication between inmates and persons in the community in order to protect the safety, security, and orderly operations of Bureau facilities and protect the public.”

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lindhsAfter he was captured in 2001, fighting alongside Taliban forces in Afghanistan, John Walker Lindh became the most hated man in America. He was beaten, vilified, and then—in a strange plea bargain orchestrated by the U.S. government—sentenced to twenty years in a federal prison. Now, in an exclusive interview, his parents break their long silence to reveal new details and to ask: When we punished John Walker Lindh, did we go too far?

Of the children produced by this couple whom a New York tabloid once called “California airheads unfit to raise lettuce,” two out of three are growing up to be responsible adults. And their other child, their second, the one who was pulled from a bloodied basement in Afghanistan, a soldier of the Taliban who was instructed at a bin Laden training camp, the one who scandalized a nation? He turned out to be exceptional.

Every other month, Frank Lindh travels from San Francisco to Terre Haute, Indiana, to spend four hours with his son. John Walker Lindh is currently serving a twenty-year prison sentence for violating an executive order, signed by President Clinton in 1999, prohibiting aid to the Taliban. He is an inmate of the Communications Management Unit, a wing of the Federal Corrections Institute where the government congregates inmates whose communications they want to monitor. Frank and Marilyn alternate months, flying in late on a Sunday, then back again Tuesday evening. John, who is now 28, is allowed four hours of visits a month, limited to weekdays, which makes it hard for his brother and sister to visit. Except for them and his grandmother, who visited just once, his parents are the only outsiders he’s seen in his seven years in custody.

 

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Bruce Fein

Last Friday, President Barack Obama’s views in a habeas corpus filing submitted to the United States District Court for the District of Columbia made it unanimous across party lines.

The United States is engaged in a perpetual war with international terrorism. Although the number of American deaths it has caused on and after Sept. 11, 2001, approximates 2 percent of American murder victims since that date, both parties agree the United States is not at war with murder and that the president may not detain suspected murderers who might be second editions of Timothy McVeigh for life without accusation or trial. Why the greater threat of murder occasions lesser invasions of liberty than the lesser danger of international terrorism has never been explained.

 

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