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http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x5526240...
Eventually, a malnourished, dehydrated, and wounded (in the leg) Lindh was taken prisoner along with a group of Taliban fighters by American forces.
At that point, when the Americans discovered they had an American amont their captives, Lindh’s situation worsened dramatically. Stripped naked and duct-taped, blindfolded, to a gurney, he was then placed inside an unheated metal shipping container. Left there for days in the cold and dark, Lindh was removed once daily and interrogated. His interrogators allegedly tortured him, as well as threatening him repeatedly with death. His pleas to see an attorney were mocked, and word that his parents had already arranged for representation was withheld from him (a situation that led a government lawyer involved in his case to protest and ultimately resign).
At some point during this abuse, Lindh caved in to his fears of death at the hands of his captors and signed a “confession” to being a traitor to America. At that point he was flown back to the US, where Attorney General Ashcroft touted him as the “American Taliban,” initially vowing to try him for treason (which carries a death sentence).
What changed things dramatically, as I reported in 2005, was a decision by Federal District Judge T.S.Ellis to permit Lindh and his defense team—over strenuous government objections--to challenge that confession letter by introducing evidence that Lindh had signed it will being subjected to torture at Bagram Airbase in Afghanistan. The judge ruled that Lindh would be able to call witnesses from Guantanamo and from among the soldiers where he had been held in Afghanistan. Suddenly, the Justice Department, in the person of Michael Chertoff, then head of the Justice Department’s criminal division and in charge of terrorism prosecutions, offered a one-day-only, take-it-or-leave-it a plea deal. Chertoff (acting with an alacrity that stands in marked contrast to his sluggish response time several years later when faced, as secretary of homeland security, with the Katrina disaster in New Orleans) offered to drop the serious charges in return to a guilty plea to the two minor charges, but only if—and this is the key—Lindh would cancel the scheduled evidentiary hearing into torture. Under the offered deal, Lindh would also have to sign a letter stating that he had “not been intentionally mistreated” by his American captors, and waiving any right to claim such mistreatment or torture any time in the future. Lindh agreed, but following sentencing, Chertoff also added a gag order, technically a “special administrative measure,” barring Lindh from even talking about his experience for the duration of his sentence.
It is now clear why Chertoff went to such hurried great lengths to completely silence Lindh. His wasn’t just the first trial in the “War on Terror.” Lindh was the first victim of the secret Bush/Cheney torture program.
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