U.S. keeps conspiracy case broad

? Prosecutors acknowledged Monday they do not have evidence that John Walker Lindh killed Americans in Afghanistan. But a federal judge said that would not be necessary to prove Lindh joined a conspiracy to murder Americans as a Taliban fighter.

When District Judge T.S. Ellis III asked whether the government’s case included alleged attempts by Lindh to kill American citizens, Assistant U.S. Atty. David Kelly replied, “At the moment, I am not aware of it.”

Another prosecutor, Assistant U.S. Atty. John Davis, added that “there’s no allegation of personal involvement” by Lindh in the killing of Johnny Micheal Spann, a CIA agent who was slain during a prison uprising in Afghanistan at which Lindh was present.

Ellis said that as the government framed the broad conspiracy case, “You are not required to show that he shot at Americans.” Later, the judge denied a defense motion for more details on the charges, saying, “I don’t read the indictment as pointing to a specific murder,” but rather as one of Lindh allegedly joining a broad conspiracy by al-Qaida and the Taliban to kill Americans around the world.

Davis said the victims were “anyone and everyone. To pretend that a specific human being must be identified, that is absurd.”

During the hearing on defense motions for numerous government documents and interviews, however, the judge repeatedly admonished prosecutors to give Lindh’s lawyers any information they turn up that is favorable to the defendant.

Kelly said Lindh did allegedly join forces with al-Qaida and the Taliban, making preparations “for an expected onslaught” by U.S. forces after the Sept. 11 attacks.

Davis also said that Lindh fought against U.S. forces after Sept. 11 in Osama bin Laden’s terrorist network. “How more illegal can you get?” he asked.

Lindh is charged with conspiring to murder U.S. nationals, providing support and services to foreign terrorist organizations and using firearms and destructive devices during crimes of violence. Three of the 10 charges carry a maximum life sentence; the other seven have prison terms of up to 90 years. He was brought back to the United States on Jan. 23 and has been kept in jail since then.