Civil Liberties Online

United States v. Lindh, 212 F. Supp. 2d 541 (E.D. Va. 2002)

Prosecutorial Tools: Sharpening the Government's Prosecutorial Tools against Terrorism

PART B: Increasing Government's Ability to Prosecute Acts that Support Terrorism

Defendant was an American citizen indicted for joining certain foreign terrorist organizations in Afghanistan and serving for these organizations in combat against Northern Alliance and American forces until his capture in November 2001.  Defendant moved to dismiss, arguing that he should receive lawful combatant immunity, and moved to transfer venue, contending that pre-trial publicity tainted the judicial proceedings in that district.  The court denied the motion to transfer and assumed that impartial jurors may be found in the district.  Furthermore, the court denied the defendant’s motion to dismiss based on lawful combatant immunity.  Defendant failed to demonstrate that the designated terrorist group had a clear hierarchical military structure, had distinct uniforms, or observed the laws and customs of war.  Finally, the court concluded that providing material support to a terrorist organization is a crime of violence because the aid increases the risk that the violent goals of the terrorist organization will be realized.