John Walker Lindh is an American citizen who was captured by the Northern Alliance on the battlefield in Afghanistan in November 2001

Question

Known as "the American Taliban," Lindh attended a military training camp run by Harakut ul-Mujahideen in Pakistan before joining the Taliban in Afghanistan. Lindh allegedly told Taliban officials "that he was an American and that he wanted to go to the front lines to fight," and he received additional military training at an al Qaeda training camp. During his training, Lindh personally met Osama bin Laden, "who thanked him and other trainees for taking part in jihad." Lindh carried a weapon during his time fighting with the Taliban. What possible crimes has Lindh committed?

Answer 1

Student answers will vary but student should argue whether Lindh committed acts of terrorism. Though no one definition is all-encompassing, terrorism is usually premeditated, politically driven violence against noncombatants (i.e., innocent bystanders). Arguably Lindh is participating in politically driven violence, however, the definition does not include evidence of violence than carrying a gun. Also, students may argue whether fighting against military equates noncombatants. However, Lindh does have connection with a foreign power or group in furtherance of a political or social objective, which meets the definition of international terrorism. Although he may not have individually committed an offense, he is part of a larger organization, and is arguably guilty of terroristic offenses. Under the Antiterrorism and Effective Death Penalty Act (AEDPA) there are federal legislation that defines specific terrorism crimes and penalties which Lindh could be held under.