CBS/AP/ February 11, 2009, 5:05 PM

U.S. Taliban's Family Wants Sentence Cut

The lawyer and parents of American-born Taliban soldier John Walker Lindh asked President Bush on Wednesday to commute his 20-year prison term, citing the case of an Australian man who was sentenced to less than a year for aiding terrorism.

Lindh, 26, was captured in Afghanistan in November 2001 by American forces sent to topple the Taliban after the Sept. 11 terrorist attacks. He was charged with conspiring to kill Americans and support terrorists, but pleaded guilty to lesser offenses, including carrying weapons against U.S. forces.

Lindh's lawyer and father said the lighter sentence given to Australian David Hicks should be reflected in Lindh's case.

"It is a question of proportionality. It is a question of fairness, and it is a question of the religious experience John Walker Lindh had," attorney James Brosnahan said. "And it was not in any way directed at the United States."

When Lindh was captured, he was videotaped being interrogated by CIA officer Mike Spann, reports CBS News correspondent John Blackstone. Soon after, Spann was killed in an uprising and an angry nation saw Lindh and Spann as opposites.

"The good American and bad American," Lindh's father, Frank Lindh, told Blackstone. "It was completely unfair. John was wounded and nearly killed in the same uprising where Mike Spann was killed."

Lindh converted to Islam and went to Afghanistan to fight for the Taliban against the Northern Alliance, which received U.S. backing.

On Saturday, Hicks pleaded guilty to supporting terrorism and acknowledged aiding al Qaeda during the U.S.-led invasion of Afghanistan. He was sentenced to nine months in prison. After spending five years at the U.S. naval base in Cuba, the 31-year-old former kangaroo skinner is likely to be transferred to a prison in Australia within weeks.

Brosnahan brokered Lindh's plea deal and said it was the best he could do in the political climate immediately after the 2001 attacks.

"In the atmosphere of the time, the best John could get was a plea bargain and a 20-year sentence," said Frank Lindh. "We love our son very much. He was wrongly accused when he was found in Afghanistan."

The White House referred telephone calls to the Justice Department, which declined to comment because it had not received Lindh's petition.

© 2009 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
54 Comments Add a Comment
linkicon reporticon emailicon
figuy30 says:
treason is a crime committed by a criminal. not just someone who had a religious experience. any lawyer that comes up with trash like that is totally immoral and does not care about our troops or america. i'm sure the parents of this man did not want him to be a criminal, but saying his sentence is unfair will not make up for their lack of training while bringing him up. this man is not sorry for committing a crime. he is only sorry he got caught. my question is why are we taking prisoners anyway? and who decided they would be called "detainees"? and who said they had "rights"? should we ever decide to quit playing games and realize we are at war, then maybe we might start believing, as do the muslims, "an eye for an eye and a tooth for a tooth".
reply
linkicon reporticon emailicon
lizardbate says:
This guy should have been tried for TREASON and sent back to live with Talibon since HE CHOSE FREELY to support them against his on country!!!!!!!!!!!!!!!!!!! I have no sympathy for him, his parents I do sympathize. He is no better than a murderer or rapist!!!!!!!!!
reply
linkicon reporticon emailicon
erinye_fury says:
suprised06 has it correct: Lindh's crime was against his own nation, as simple a case of treason as can be imagined. Hicks, as an Australian, was fighting against a foreign nation, namely the USA. Let us not forget Hicks has already spent years in Guantanamo, and additionally has nine months jail coming in his own country. Hicks' crime is serious, but not of the magnitude of Lindh's. No more breaks for Lindh: he should have gotten the death sentence.
reply
linkicon reporticon emailicon
gaye5 says:
thgdriver you have said it well, and put it into perspective, many of American families dont have their loved ones coming home because of animals like him, and our David Hicks in Australia looks like he is going to get nothing for his treason..
reply
linkicon reporticon emailicon
gaye5 says:
Muslims say openly that they are going to take the whole world for Allah and we stupidly make the excuse that it is only the odd leader who says this but the quran says that they have too, and if we dont submit then we are to be slaughtered, could this be why there is no outrage from muslims about what Muslims do to the infidel..
There is non-stop world wide violence by no other than Muslims, or does America have so much news from their own country that they dont have enough time in the hr to put over the news from other countries, do you mainly only hear news about America and Iraq/Iran???...
Please America tell me you know what is going on out there ... and please dont bring up what other religions have done in the past, we are dealing with a present day horror, and if we keep harping back to the past we will never solve this one and we will keep making excuses for what is written in the Quran until it is toooo late...
reply
linkicon reporticon emailicon
gaye5 says:
Australia has spent $300.000 on the traitor called David Hicks, a man who put our lives at risk. Money that could have been spent on more deserving people over seas. It is about time we got tough, good heavens although Islam is SUPPOSED to be a religion, The Quran says that if they wont go to war when called, they are to be killed unless they have a good excuse... But I suppose you guys have somebody who I believe is running for government who gave secrets away to China and nothing was done about that.... correct me if I am wrong folk...
reply
linkicon reporticon emailicon
superpatr898 says:
Ameer, nice name. You're about as American as Osama is, or maybe Adolf.

Personally John Walker Lindh should be hacked to pieces. Why does a pissant traitor like him deserve to live when Nick Berg (remember, his daddy loved the pissants who murdered his son) and Danny Pearl were murdered, or when that elderly British woman was killed despite all she did for the Iraqui people.

His parents, Pelosite Lefties living in the lap of luxury just like ol' Botox 'Ho don't have any say in the matter anymore. Their little boy, whom they raised to be an ignoramus - went further and became a traitor, a cheerleader for the murder of 3000 Americans.

Hang him - on a rope smeared with Pig fat. Khalil Sheik Muhammed - NEXT.
reply
linkicon reporticon emailicon
draugwolf says:
or maybee cut his head off with a rusty hacksaw...
reply
linkicon reporticon emailicon
draugwolf says:
im suprised someone hasent bashed his head in yet
reply
linkicon reporticon emailicon
sclaires says:
I say leave him in prison which is what he deserves for treason against the United States. He is lucky he didn't get the death penalty which is the accepted penalty for treason. All his parents are doing is trying to turn the American public in his favor so that he can get out of prison and continue what he was doing when he was caught in Afghanistan. He was with the Taliban and it is the Taliban who are fighting and killing our troops in Afghanistan now. He should have gotten more then 20 years!!!
reply
See all 54 Comments