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John Walker Lindh
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==Capture and interrogation== Lindh surrendered on November 24, 2001, to [[Northern Alliance|Afghan Northern Alliance]] forces after his Al Qaeda foreign fighters unit surrendered at [[Kunduz]] after retreating from Takar.<ref name="Guardian200110711"/> He and other fighters were to be questioned by the [[CIA]] officers [[Johnny Micheal Spann|Johnny "Mike" Spann]] and David Tyson at [[General Dostum]]'s military garrison, [[Qala-i-Jangi]], near [[Mazār-e Sharīf]]. During the initial questioning, Lindh was not advised of his rights and his request for a lawyer was denied.<ref name=glovesoff>{{cite news |last1=Buncombe |first1=Andrew |last2=Penketh |first2=Anne |date=June 10, 2004 |title=Rumsfeld 'told officers to take gloves off with Lindh' |url=https://www.independent.co.uk/news/world/americas/rumsfeld-told-officers-to-take-gloves-off-with-lindh-6167975.html |newspaper=[[The Independent]] |access-date=August 27, 2014 |archive-date=September 25, 2015 |archive-url=https://web.archive.org/web/20150925183132/http://www.independent.co.uk/news/world/americas/rumsfeld-told-officers-to-take-gloves-off-with-lindh-6167975.html |url-status=dead }}</ref> Lindh, who had a grandmother from [[County Donegal]], had told other prisoners he was Irish.<ref>Harnden, "First Casualty," p. 276</ref> While being interviewed by the CIA, he did not speak or reveal that he was American.<ref name="Guardian200110711"/><ref name="now"/><ref name="Truth About John Lindh"/> Spann asked Lindh, "Are you a member of the [[Provisional Irish Republican Army|IRA]]?" He was asked this question because, when questioned by Spann, an Iraqi in the group identified Lindh as an English speaker. Lindh had been told to say he was "Irish" to avoid problems.<ref name="Truth About John Lindh">{{cite web|url=https://www.honormikespann.org/pdfs/pelton_feb2006.pdf|title=The Truth about John Walker Lindh|first1=Robert Young|last1=Pelton|author-link1=Robert Young Pelton|website=Honor Mike Spann|url-status=usurped|archive-url=https://web.archive.org/web/20060325105219/http://www.honormikespann.org/pdfs/pelton_feb2006.pdf|archive-date=March 25, 2006}}</ref> Moments later, around 11 am, the makeshift prison was the scene of a violent uprising, which became known as the [[Battle of Qala-i-Jangi]]. Spann and hundreds of foreign fighters were killed; only 86 prisoners survived. According to other detainees interviewed by journalist [[Robert Young Pelton]] for [[CNN]], Lindh was fully aware of the planned uprising, yet remained silent and did not cooperate with the Americans.<ref name="Truth About John Lindh"/><ref>{{cite web |url=https://news.findlaw.com/hdocs/docs/lindh/uswlindh020502cmp.html |title=FindLaw – United States of America v. John Philip Walker Lindh – Grand Jury Indictment |work=findlaw.com |archive-url=https://web.archive.org/web/20171222051640/http://news.findlaw.com/hdocs/docs/lindh/uswlindh020502cmp.html |archive-date=December 22, 2017}}</ref> Sometime during the initial uprising, Lindh was shot or hit by [[Shrapnel shell|shrapnel]] in the right upper thigh and found refuge in a basement, hiding with the rest of the detainees. On the second day, the [[Red Cross]] sent in workers to collect the dead. As soon as they entered, the workers were shot by the prisoners, who killed one.<ref name=LATimesRedCross>{{cite web|title=3 Relief Workers Shot in Riot Aftermath|url=https://www.latimes.com/la-113001prison,0,547998,full.story|archive-url=https://web.archive.org/web/20131225084538/http://www.latimes.com/la-113001prison,0,547998,full.story|url-status=dead|archive-date=December 25, 2013|newspaper=[[Los Angeles Times]]|access-date=December 6, 2012}}</ref> The Northern Alliance repeatedly bombarded the area with [[rocket-propelled grenade|RPGs]] and grenade attacks, and burning fuel poured in.<ref name="Guardian200110711"/> Finally, on December 2, 2001, Northern Alliance forces diverted an [[irrigation]] stream into the middle of the camp to flush the remaining prisoners out of their underground shelters, drowning many in the process.<ref name="Taliban Uprising">[https://channel.nationalgeographic.com/series/critical-situation/2951/Overview Taliban Uprising] {{webarchive|url=https://web.archive.org/web/20081223225747/http://channel.nationalgeographic.com/series/critical-situation/2951/Overview |date=December 23, 2008 }} ''National Geographic Documentary''</ref> Lindh and about 85 survivors from the original 300–500 were forced out of hiding. Northern Alliance soldiers bound Lindh's elbows behind his back. Shortly after his recapture, Lindh was noticed and interviewed by [[Robert Young Pelton|Robert Pelton]], who was working as a [[stringer (journalism)|stringer]] for [[Cable News Network|CNN]]. Lindh initially gave his name as "Abd-al-Hamid" but later gave his birth name. Pelton brought a medic and food for Lindh and interviewed him about how he got there. During the interview, Lindh said that he was a member of al-Ansar, a group of Arabic-speaking fighters financed by [[Osama bin Laden]]. Lindh said that the prison uprising was sparked by some of the prisoners smuggling grenades into the basement: "This is against what we had agreed upon with the Northern Alliance, and this is against Islam. It is a major sin to break a contract, especially in military situations".<ref>{{cite web|first=Dean|last=Lucas|title=Famous Pictures Magazine – American Taliban|url=https://www.famouspictures.org/american-taliban/|access-date=June 26, 2012|archive-date=June 7, 2013|archive-url=https://web.archive.org/web/20130607080513/http://www.famouspictures.org/american-taliban/|url-status=live}}</ref> A [[Special Forces (United States Army)|U.S. Army Special Forces]] operator, fresh from three weeks of combat, gave up his bed so that the wounded Lindh could sleep there.<ref name="Truth About John Lindh"/><ref name="CNN Interview">{{cite news|date=December 20, 2001|title=Walker: Prison uprising was 'a mistake'|url=https://www.cnn.com/2001/WORLD/asiapcf/central/12/19/ret.taliban.walker/index.html|website=[[CNN]]|access-date=January 20, 2019|archive-date=March 15, 2016|archive-url=https://web.archive.org/web/20160315043328/http://www.cnn.com/2001/WORLD/asiapcf/central/12/19/ret.taliban.walker/index.html|url-status=live}}</ref><ref name="news.findlaw.com">{{Cite web |url=https://news.findlaw.com/cnn/docs/terrorism/us032902opp2licmot.pdf |title=Government's Opposition to Defendant's Motion to Compel Discovery of Documents Filed in Camera |website=Findlaw News Document Archive |archive-url=https://web.archive.org/web/20170825065229/http://news.findlaw.com/cnn/docs/terrorism/us032902opp2licmot.pdf |archive-date=August 25, 2017}}</ref><ref name="AR15Inv"/> Pelton repeatedly asked Lindh if he wanted to call his parents or have the journalist do so but Lindh declined. Although Lindh was not tested for explosives or firearms residue before he was washed, an FBI source later told author [[Toby Harnden]] that dark stains on the right side of Lindh's face indicated he had fired a weapon at Qala-i Jangi.<ref>Harnden, "First Casualty", p. 279</ref> [[File:John Walker Lindh Custody.jpg|thumb|upright|Lindh photographed after being transported to [[Camp Rhino]]]] After capture, Lindh was given basic first aid and questioned for a week at Mazār-e Sharīf. He was taken to [[Camp Rhino]] on December 7, 2001, the bullet or piece of shrapnel still within his thigh.<ref name="JapanToday">{{cite web|date=August 1, 2007|url=https://www.japantoday.com/news/jp/e/tools/print.asp?content=news&id=208973|archive-url=https://web.archive.org/web/20071015173102/http://www.japantoday.com/news/jp/e/tools/print.asp?content=news&id=208973|url-status=dead|archive-date=October 15, 2007|title=U.S. denies torturing American Taliban|website=Japan Today|access-date=August 1, 2007}}</ref><ref name="IOL">{{cite web|year=2000|url=https://www.iol.co.za/general/newsview.php?art_id=qw1024422481280B232&click_id=3&set_id=1|title=Lindh's rights were violated, lawyers say| publisher=IOL|access-date=August 1, 2007|archive-url=https://web.archive.org/web/20080123193039/http://www.iol.co.za/general/newsview.php?art_id=qw1024422481280B232&click_id=3&set_id=1 |archive-date=January 23, 2008 }}</ref> When Lindh arrived at Camp Rhino, he was stripped and restrained on a stretcher, blindfolded and placed in a metal shipping container, which was procedure for dealing with a potentially dangerous detainee associated with a terrorist organization.<ref name=AR15Inv>{{cite web|title=Report of Proceedings by Investigating Officer, AR 15-6|url=https://www.aclu.org/files/projects/foiasearch/pdf/DOD015552.pdf|publisher=DOD|access-date=December 13, 2011|archive-date=March 22, 2014|archive-url=https://web.archive.org/web/20140322213051/http://www.aclu.org/files/projects/foiasearch/pdf/DOD015552.pdf|url-status=live}}</ref> On the day he left the Turkish School{{where|date=April 2025}}, he was photographed with the words "Shit Head" written onto duct tape on his blindfold<ref>Harnden, "First Casualty," p. 294</ref> by [[United States Army Special Forces|Green Beret]]s posing for a "team photo" with their captive. The Green Berets, from {{abbr|ODA|Operational Detachment Alpha}} 592, were later investigated. While bound to the stretcher at Camp Rhino, Lindh was photographed by some American military personnel.<ref name="Lawsuit2">{{cite web|date=June 13, 2002|url=https://news.findlaw.com/hdocs/docs/lindh/uslindh61302dstat.pdf|title=United States of America vs John Phillip Walker Lindh – Criminal No. 02-37-A|publisher=United States District Court |access-date=August 1, 2007|last=Tony West Attorneys for defendant John Walker Lindh|quote=By the time Mr.Lindh arrived at [[Camp Rhino]], it was night and the temperature was cold. Immediately upon arrival, soldiers cut off all of Mr. Lindh's clothing (medical personnel from an STP- Shock Trauma Platoon to access medical needs). He allegedly developed frostbite, while fighting in the Northern Province. Completely naked, wearing nothing but his blindfold and shaking violently from the cold nighttime air, Mr. Lindh was then bound to a stretcher with heavy duct tape wrapped tightly around his chest, upper arms, ankles and the stretcher itself. Medical personnel provided a wool blanket from its hospital supplies. Next, he was placed in a windowless metal shipping container about 15 feet long, 7 feet wide and 8 feet high. Triaging combatants (in a metal con-ex container, particularly in the cold harsh conditions, was commonly done to ensure no explosives or other weapons were missed initially. file Pictures were taken of ALL enemy combatants by medical personnel to document identifying marks as well as wounds. These photos would be sent on to the next medical resource or in the combatants file.|archive-url=https://web.archive.org/web/20170211121604/http://news.findlaw.com/hdocs/docs/lindh/uslindh61302dstat.pdf |archive-date=February 11, 2017}}</ref> At Camp Rhino, he was given [[oxycodone/paracetamol]] for pain and [[diazepam]].<ref name="news.findlaw.com"/> On December 8 and 9, he was interviewed by the [[FBI]],<ref name="IOL"/> and was [[Miranda warning|mirandized]] on December 9 or 10.<ref name=criminalcomplaint>{{cite web |url=https://www.justice.gov/ag/criminalcomplaint1.htm |title=United States of America v. John Philip Walker Lindh |last1=Asbury |first1=Anne |date=January 15, 2002 |website=justice.gov |access-date=August 27, 2014 |archive-date=January 14, 2013 |archive-url=https://web.archive.org/web/20130114085102/http://www.justice.gov/ag/criminalcomplaint1.htm |url-status=live }}</ref> He was held at Camp Rhino until he was transferred to the {{USS|Peleliu|LHA-5|6}} on December 14, 2001, with other wounded detainees, where his wound was operated on and he received further care.<ref name="Lawsuit">{{cite web|date=April 2, 2002|url=https://news.findlaw.com/cnn/docs/terrorism/us032902opp2licmot.pdf|title=United States of America vs John Phillip Walker Lindh – Criminal No. 02-37-A |publisher=United States District Court |access-date=August 1, 2007|first=Paul J. (United States Attorney) |last=McNulty |quote=On December 14, 2001, Lindh was flown from [[Camp Rhino]] to the USS ''Peleliu'' where he received the following treatment: 12 days after his US capture in [[Afghanistan]], he was operated on by the ''Peleliu's'' senior surgeon to remove the bullet lodged in his leg; he received daily medical treatment for the bullet wound as well as mild frostbite on his toes; he received various forms of medication including Motrin and Keflex (an [[antibiotic]]); … ; he and his fellow detainees were advised five times per day as to the time for prayer and the brig supervisor called up to the deck to ascertain the location of [[Mecca]] so that he could advise the detainees in which direction to pray; he and his fellow detainees were provided Korans to facilitate their prayers. He was permitted to shower twice a week and to wash his feet every day; he was given meals and unlimited water, was permitted to talk with his fellow detainees; and he was repeatedly queried by ''Peleliu'' personnel whether there was anything else he needed. |archive-url=https://web.archive.org/web/20170211121604/http://news.findlaw.com/hdocs/docs/lindh/uslindh61302dstat.pdf |archive-date=February 11, 2017}}</ref> He was interrogated before the operation on December 14. While on the ''Peleliu'', he signed confession documents while in the custody of the [[United States Marine Corps]]. On December 31, 2001, Lindh was transferred to the [[USS Bataan (LHD-5)|USS ''Bataan'']], where he was held until January 22, 2002. He was flown back to the United States to face criminal charges. On January 16, 2002, Attorney General [[John Ashcroft]] announced that Lindh would be tried in the United States. In 2002, former President [[George H. W. Bush]] referred to Lindh as "some misguided [[Marin County, California|Marin County]] hot-tubber". The comment, in which Bush also mispronounced the county's name, provoked a minor furor and prompted a retraction of the statement by Bush.<ref>{{cite news|first=Duncan |last=Campbell|url=https://www.theguardian.com/bush/story/0,7369,756219,00.html|title=From hot tub to hot water|work=[[The Guardian]]|date=July 16, 2002|access-date=March 22, 2010|archive-date=August 7, 2021|archive-url=https://web.archive.org/web/20210807164657/https://www.theguardian.com/world/2002/jul/16/worlddispatch.usa|url-status=live}}</ref> Lindh's attorneys told the press that his client had asked for a lawyer repeatedly before being interviewed by the FBI, but did not get one, and that "highly [[coercion|coercive]]" prison conditions forced Lindh to waive his [[Miranda warning|right to remain silent]].<ref>{{cite web|first=Bob|last=Franken|url=https://www.cnn.com/2002/LAW/06/14/walker.lindh.case/index.html|title=Defense wants Walker Lindh interview withheld|website=[[CNN]]|date=June 14, 2002|accessdate=June 10, 2023}}</ref> Although the FBI asked [[Jesselyn Radack]], a [[United States Department of Justice|Justice Department]] ethics adviser, whether Lindh could be questioned without a lawyer present, they did not follow her advice to avoid that scenario.<ref>{{cite magazine |first=Scott |last=Horton |title=Justice's Vendetta Against a Whistleblower: Six Questions for Jesselyn Radack |url=https://harpers.org/archive/2010/02/hbc-90006592 |magazine=[[Harper's Magazine|Harper's]] |date=February 23, 2010 |access-date=January 29, 2012 |archive-date=September 25, 2011 |archive-url=https://web.archive.org/web/20110925033447/http://www.harpers.org/archive/2010/02/hbc-90006592 |url-status=live }}</ref>
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