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 committed without a declaration of war on a country.
John Walker cannot be charged with treason because he tacitly gave up his U.S. citizenship. Walker was openly an avowed member of the Taliban. Walker swore allegiance to the ruling party of another nation. Walker no longer retains his U.S. passport in his possession. Discarding his passport is a sign of Walker's attempt to cut ties with the United States.
John Walker was not committing treason; he was defending the Islamic government in Afghanistan. Walker joined the Taliban due to his religious convictions; he did not have the intent to fire upon American soldiers. Walker never had the intent to overthrow the U.S. government either.