Alexandria, Va. ? John Walker Lindh will face an August trial date on charges that he took up arms against the United States, a federal judge decided Friday, but the court left open the possibility that the proceeding could be delayed until after the first anniversary of the Sept. 11 attacks.

Responding to defense arguments, Judge T.S. Ellis III said he might consider beginning jury selection after a proposed Aug. 26 start date because of the likely emotional observances that will surround the anniversary of the attacks on the World Trade Center and the Pentagon.

Defense attorney George Harris had argued for a Sept. 16 start date, saying there would be “genuine emotion in this country” in the days surrounding Sept. 11. “For us to be in trial at that time is prejudicial to the defendant,” he said.

Lindh appeared at Friday’s proceeding wearing a prison jumpsuit but not handcuffed or shackled. The 21-year-old Californian is charged in a 10-count indictment with conspiring to kill Americans, using firearms at the request of senior al-Qaida and Taliban members, and providing material support and resources to foreign terrorist organizations.

Lindh pleaded innocent on Feb. 13. If convicted, he could face multiple life terms, but not the death penalty. He has not been charged with treason.

Lindh’s lawyers said that under the court’s schedule assuming that government prosecutors take two weeks to present their case the defense’s opening statement could fall on or around Sept 11. They warned the potentially emotionally charged period could lead to a “prejudicial” atmosphere against Lindh.

Ellis disagreed with the notion that Lindh’s right to a fair trial would be affected by the date, saying that there would not be much difference in the publicity surrounding the case whether it was held during the anniversary or after. He also said it wasn’t certain that the defense’s case would begin on the date, as the prosecution’s case could be longer or shorter than the estimated two weeks. But he did not rule out a change.

“I’m not saying I won’t reconsider (the date),” Ellis said. “We can revisit this as we approach Aug. 26.”

He said the jury would be fair and impartial regardless.

“There will be special care that the jurors selected have not formed an opinion on this case,” he said.

Although the prosecution accepted the trial date without objection, the Aug. 26 date was earlier than the mid-November date that both sides had sought. Ellis, noting that it was not the only case on the court’s docket, said the date gave both sides a “reasonable” amount of time to prepare their cases.

Ellis said he hoped that defense attorneys would be granted clearance to view classified materials by early March.