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John Walker

John Walker Lindh, a twenty-year old American, converted to Islam at the age of sixteen. Walker traveled to Pakistan to Study the Koran; there he met original teachers of Taliban leaders. Walker went to Afghanistan to join the only government that really provides Islamic law, the Taliban. Walker had been fighting against the Northern Alliance on the side of the Taliban. Walker was captured by the Northern Alliance and kept as a prisoner of war. After a prison riot that was ended by American troops, Walker was under U.S. Military control. Now that Walker is in U.S. custody people want to know how his fate is going to be handled. Some administrative officials want to charge Walker with treason and send him to a civil court. John Walker Lindh should not be charged with treason and prosecuted in an American civil court.

John Walker should not be charged with treason, the attempt to over through one’s government by assisting the enemy in a time of war, because there was no real declaration of war. “Congress has not declared war in authorizing President Bush to use all necessary and appropriate force” (Dean). With out a formal declaration of war there cannot be a supported enemy to fight. The act of treason cannot be


If John Walker is considered an American citizen, he should be tried in an American civil court “it’s almost impossible to lose U.S. citizenship with out renouncing it in writing” (Fritz). Walker should be viewed as a non-citizen. Walker left America, enrolled in another nation’s army and supported their ruling party. Walker did not have his U.S. passport and that could be viewed as an attempt to give up his U.S. citizenship. Even though Walker did not renounce his U.S. citizenship in writing, he took up arms with another country. With out U.S. citizenship Walker could not be charged with treason in military tribunal. John Walker should be tried in a military tribunal because it is possible to renounce U.S citizenship and by taking arms with another country’s army he did renounce it.

John Walker was fighting against forces allied with the United States and should be charged with treason. Even though the President of the United States declared war on terrorism, congress did not declare war on a country. There was still no enemy of the United States to be aided in a time of war. Treason is unable to occur without a declaration of war on the country John Walker supported.

John Walker should not be tried in an American civil court but in a military tribunal. “Attorney General John Ashcroft is pushing for John Walker Lindh to be tried in a Federal court” (Isikoff). Ashcroft would like to charge John Walker with treason and conspiracy to murder U.S. government employees. “Walker was present at the Mazar-e Sharif prison camp when CIA agent Mike Spann was killed” (Klaidman). Walker was apprehended by military force in a foreign country, and therefore was not read his rights because it is not necessary if the arrest is conducted on a battlefield for tactical military purpose. Walker had been interrogated for nine days while he was denied counsel. “Justice officials are concerned about using information gleaned from Walker’s

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Approximate Word count = 1334
Approximate Pages = 5 (250 words per page double spaced)


  

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