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Walker Lindh attorneys press for access to documents

CNN interviewed Walker Lindh as he was being treated for his wounds in Afghanistan.

WASHINGTON (CNN) -- Lawyers for John Walker Lindh, the 21-year-old Californian accused of fighting with the Taliban, argued Friday that the federal government should hand over 33 government documents that could be key to their case.

In papers filed with the U.S. District Court in Alexandria, Virginia, Walker Lindh's lawyers argue that the documents -- identified only by date, time, sender and recipient -- appear to provide information about interrogations of their client in which he made incriminating statements.

Walker Lindh's attorneys said the documents appear to be e-mail transmissions sent last December 7 through December 20 among Justice Department officials. During that period, Walker was in U.S. custody at Camp Rhino, an American base in Afghanistan; and aboard the assault carriers USS Peleliu and USS Bataan.

MORE STORIES • People in the News: John Walker Lindh    EXTRA INFORMATION • Pleading filed by Walker Lindh's defense team Chronology of communications between his attorney and authorities  • Read the indictment: U.S. v. Walker Lindh (FindLaw) • Timeline: American Taliban John Walker Lindh    EXTRA INFORMATION Charges against John Walker Lindh:  • Conspiracy to murder U.S. nationals   • Conspiracy to provide material support and resources to foreign terrorist organizations   • Providing material support and resources to foreign terrorist organizations   • Conspiracy to provide material support and resources to al Qaeda   • Providing material support and resources to al Qaeda   • Conspiracy to contribute services to al Qaeda   • Contributing services to al Qaeda   • Conspiracy to supply services to the Taliban   • Supplying services to the Taliban   • Using, carrying and possessing firearms and destructive devices during crimes of violence

His lawyers maintain he "was held incommunicado, denying him any communications from his family and counsel, who repeatedly tried to contact and obtain access to him."

Walker Lindh was interviewed December 9 and December 10 by the FBI. While the Justice Department said Walker Lindh waived his right to counsel, his lawyers said he was told a lawyer would be provided later.

"If any of these documents discuss or refer to any aspect of the conditions of Mr. Lindh's incarceration, his access to counsel, or the circumstances surrounding the FBI interrogation of Mr. Lindh, they are highly ''material to the preparation of the defendant's defense,' " the lawyers argued in the brief.

His lawyers also argued that the documents must be turned over if they contain any reference to statements by Walker Lindh.

"The fact that the government's prosecution against Mr. Lindh rests almost exclusively on statements he allegedly made to interrogators between December 1 and December 10 underscores the importance of disclosing any written records of those statements," the lawyers argue. They also state that government summaries reveal different versions of what Walker Lindh told interrogators.

As part of its filing, the defense team produced four letters written by Walker Lindh's father and one by his mother in which they tell their son they have hired a lawyer.

Also included is correspondence between attorney James Brosnahan and different government officials from December and January, in which Brosnahan asserts he is representing Walker Lindh and should be allowed to speak to him before he is interrogated.

Walker Lindh is accused of conspiring to kill U.S. nationals after joining Taliban and al Qaeda forces, allying himself with them even after learning of the attacks on the World Trade Center and Pentagon.

He is charged with conspiracy to murder U.S. nationals; conspiracy to provide material support and resources to international terrorist organizations; providing material support and resources to international terrorist organizations; contributing services to al Qaeda; and using and carrying firearms and destructive devices during crimes of violence.

If convicted on all counts, Walker Lindh could face three life terms plus 90 additional years in prison. His trial is scheduled to begin August 26.