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U.S. offers written questioning of detainees

John Walker Lindh

ALEXANDRIA, Virginia (CNN) -- Federal officials said Tuesday they would allow attorneys for accused American Taliban John Walker Lindh to submit written questions to detainees held at Guantanamo Bay -- who may be witnesses in Lindh's upcoming conspiracy case.

But the U.S. attorney's office here said in a brief submitted to the U.S. District Court that it would oppose a face-to-face meeting between Lindh's lawyers and the detainees because of "national security concerns."

The detainees at the U.S. naval base in Cuba are suspected Taliban and al Qaeda fighters captured in Afghanistan and Pakistan in the war against terrorism.

The brief said "a defendant is not entitled to private, unfettered access to potential witnesses; under appropriate circumstances, government agents may play a direct role in the process."

Lindh's attorneys want to question the detainees themselves. U.S. District Judge T.S. Ellis had ordered both sides to work out differences.

Lindh, a 21-year-old native Californian, was captured last December in Afghanistan where he had been fighting with forces of the ruling Taliban.

He is charged with conspiring to murder U.S. nationals, providing support to terrorist organizations and using firearms and destructive devices during crimes of violence. He is scheduled to go on trial August 26.

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In Tuesday's filing, the government offered to have military personnel ask questions submitted by Lindh's defense as part of their ongoing interrogations of the detainees.

The government said it would provide transcripts and videotapes of the interrogations "as quickly as possible -- within no more than few hours after the interview's initial phase is completed."

The government contended the procedure could actually help the defense attorneys prepare their case.

"Instead of denying access, the procedures allow Lindh a substantial opportunity to elicit relevant information from detainees beyond that provided in discovery, without compromising [the Department of Defense's] mission," according to the brief.

"In addition, the defense will receive a video and audiotape of each interview, to allow an informed assessment of the detainee's appearance and credibility."

The government also expressed concern over the future of interrogations if detainees knew they could be directly assisting Lindh's case.

"If detainees learn they can communicate with one of their number through the American criminal justice system, including through defense counsel," the brief said, "their continued willingness to cooperate with interrogators may be severely compromised."

Calls to Lindh's defense team were not immediately returned.

In a separate motion filed Monday, Lindh's attorneys asked the court to throw out the most serious charge against him, conspiring to kill U.S. nationals, because it "directly violates the well-established intent of the law of combat immunity."

"Soldiers cannot be criminally prosecuted simply for taking part in an armed conflict," the motion said.

The motion also asked dismissal of four counts that allege Lindh provided "material support and resources to foreign terrorist organizations" because his attorneys said the law on which they are based applied to financial transactions. (Full story)