May 25, 2013
John Walker Lindh is trying to get his indictment dismissed by arguing he can't get a fair trial -- and that he had a First Amendment right to associate with the Taliban.
His attorneys are mounting a broad challenge on his indictment in a Virginia federal court. Lindh is charged with conspiring to murder U.S. nationals and providing support to al-Qaida and the Taliban.
His lawyers said there's no way he could receive a fair trial in a courtroom located just nine miles from the Pentagon.
The government counters the case isn't about Lindh's right of association, but about his joining the Taliban to commit violence.
The defense also contends Lindh has combat immunity, and can't be charged with murder "for simply being a soldier." The prosecution said the Taliban were an unlawful combat force.
