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Lindh lawyers cite Second Amendment
San Francisco Chronicle ^ | 5/16/02 | New York Times

Posted on 05/16/2002 4:05:00 PM PDT by Stone Mountain

Edited on 04/13/2004 2:40:18 AM PDT by Jim Robinson. [history]

Washington -- Lawyers for John Walker Lindh, the Californian accused of fighting with the Taliban, sought Wednesday to dismiss firearms charges against him based in part on the Justice Department's new interpretation of the Second Amendment.

In papers filed in federal court, the lawyers said that charging Lindh with firearms violations would violate his Second Amendment right "as an individual" to use and possess a firearm. They are seeking the dismissal of a charge that Lindh used firearms and "destructive devices" in crimes of violence. In a recent filing with the Supreme Court, the Justice Department argued that the Second Amendment conferred a broad right to bear arms.


(Excerpt) Read more at sfgate.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Foreign Affairs
KEYWORDS: banglist; johnwalkertrial
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1 posted on 05/16/2002 4:05:00 PM PDT by Stone Mountain
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To: Stone Mountain
Silver lining?
2 posted on 05/16/2002 4:06:22 PM PDT by RightWhale
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To: Stone Mountain
Query did adullabh pay the tax required for possesion of a class III weapon.

If not send the ATF in and bar b que.

3 posted on 05/16/2002 4:08:02 PM PDT by dts32041
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To: Stone Mountain
How to befriend the presiding judge! Bwahahaha!
4 posted on 05/16/2002 4:08:23 PM PDT by verity
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To: Stone Mountain
Bearing and using are not the same.
5 posted on 05/16/2002 4:09:29 PM PDT by lepton
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To: Stone Mountain
I guess his lawyers have completely given up on fighting the other 29 charges.
6 posted on 05/16/2002 4:10:31 PM PDT by Senator Pardek
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To: Stone Mountain
They are seeking the dismissal of a charge that Lindh used firearms and "destructive devices" in crimes of violence.

This will be thrown out almost immediately. The Second Amendment right to bear arms does not imply a right to use arms in a crime.

7 posted on 05/16/2002 4:10:57 PM PDT by Thane_Banquo
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Comment #8 Removed by Moderator

To: Stone Mountain
Johnny Boy should have been left in that Afghan prison to be dealt with by the judicial system of Afghanistan, instead of being rescued by the US forces to become (eventually) a media celebrity. A major blunder, this rescue was, as we've been saying from the beginning. The Bushies have been asking for the circus and by gosh, they've got it!
9 posted on 05/16/2002 4:14:05 PM PDT by Revolting cat!
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To: Thane_Banquo
This will be thrown out almost immediately. The Second Amendment right to bear arms does not imply a right to use arms in a crime.

Exactly.

10 posted on 05/16/2002 4:14:58 PM PDT by yendu bwam
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To: verity
"There is nothing illegal about providing military training, and fighting in a foreign military conflict is not per se illegal," George Harris, one of Lindh's attorneys, wrote. "Central to First Amendment freedoms is the right to associate with unpopular and disfavored groups."


11 posted on 05/16/2002 4:18:34 PM PDT by Senator Pardek
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To: Stone Mountain
Man, these prosecutors today---my God!

Please tell me if you have heard anything about this Defendant using arms IN the US. I have heard of none.

These grotesquely juvenile prosecutors are trying to enforce their unconstitutional US disarmament laws against US citizens in cases where such a citizen "keeps and bears arms" in a foreign country!

These prosecutors look at their set of 'facts' and write indictments as if they were writing answers to an open ended question on a law school exam.

Shock treatments, anyone?

12 posted on 05/16/2002 4:27:06 PM PDT by tailgunner
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To: yendu bwam
"The Second Amendment right to bear arms does not imply a right to use arms in a crime. "

That's right. The crime should have been treason against the U.S. He gave aid, comfort and assistance to the enemies of the U.S., al queda in particular. There were plenty of witnesses. What did they charge him with?

"The indictment alleges that Lindh received military training in a military camp run by al Qaeda, but it does not claim that he provided anything to al Qaeda or the Taliban other than himself, which, his attorneys argue, is not illegal.

His atty. is confused, he admits his client is guilty of treason, but fails to recognize it himself.

13 posted on 05/16/2002 4:31:26 PM PDT by spunkets
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To: RightWhale
LOL!!! Someone here on FR predicted this on an earlier thread but at the time he/she was joking (well at least I thought they were)!
14 posted on 05/16/2002 4:33:33 PM PDT by lizma
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To: spunkets
The crime should have been treason against the U.S.

If this wasn't treason, nothing could be.

15 posted on 05/16/2002 4:42:51 PM PDT by yendu bwam
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To: Stone Mountain
charging Lindh with firearms violations would violate his Second Amendment right "as an individual" to use and possess a firearm.

However, nothing in the Second Amendment gives him the right to use firearms -- or any other tool -- to murder his countrymen. Why prosecutors are worrying about firearms violations when the little spoiled puke is guilty of treason is beyond me.

But it is a delicious irony that to defend him, a product of the radical liberal Left, his attorneys are using an argument straight from the canons of the Right: the right to keep and bear arms. No doubt his parents and friends fail to appreciate the hypocrisy.

16 posted on 05/16/2002 4:47:55 PM PDT by IronJack
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To: Stone Mountain
Yesterday the WSJ asked rhetorically speaking, what's next AbdulHamid invoking the 2nd amendment? ANd here it is.

In a way, i hope he gets acquitted. He doesn't realise he's a lot safer in custody than on the American Street.

17 posted on 05/16/2002 4:52:08 PM PDT by swarthyguy
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To: *John Walker Trial
*Index Bump
18 posted on 05/16/2002 5:40:46 PM PDT by Fish out of Water
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To: bang_list
 
19 posted on 05/16/2002 6:46:16 PM PDT by Djarum
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To: bang_list
 
20 posted on 05/16/2002 6:46:19 PM PDT by Djarum
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