Updated 29 May 2002
9 February 2002
Source: Electronic files of US Federal Courts via
PACER.
See related:
Complaint, January 15, 2002: http://cryptome.sabotage.org/usa-v-jwl-hit.htm
Initial appearance, January 24, 2002: http://cryptome.sabotage.org/usa-v-jwl-ia.htm
Grand Jury indictment, February 5, 2002: http://cryptome.sabotage.org/usa-v-jwl-gji.htm
Detention hearing, February 6, 2002: http://cryptome.sabotage.org/usa-v-jwl-dh.htm
| Docket as of May 28, 2002 6:04 pm | Web PACER (v2.3) |
JOHN PHILLIP WALKER LINDH (1) David Thomas Williams
aka [COR LD NTC ret]
Suleyman al-Faris 112 South Pitt St
aka Alexandria, VA 22313
Abdul Hamid (703) 836-7997
defendant
William Bruce Cummings
[COR LD NTC ret]
William B. Cummings, P.C.
112 South Pitt Street
Alexandria, VA 22314
(703) 836-7997
Defendant Assigned to: Judge T. S. Ellis, III
Pending Counts: Disposition
18:2231B.F 18:2332(b)
CONSPIRACY to Murder U.S.
Nationals (1)
(18:2339B.F) 18:2339B
Conspiracy to Provide Material
Support & Resources to Foreign
Terrorist Organizations
(2)
(18:2339B.F) 18:2339B and 2
Providing Material Support &
Resources to Foreign Terrorist
Organizations
(3)
(18:2339B.F) 18:2339B
Conspiracy to Provide Material
Support & Resources to Foreign
Terrorist Organizations
(4)
(18:2339B.F) 18:2339B and 2
Providing Material Support &
Resources to Foreign Terrorist
Organizations
(5)
(50:1705.F) 31 C.F.R. 595.205
& 595.204 and 50:1705(b)
Conspiracy to Contribute
Services to al Qaeda
(6)
(50:1705.F) 31 C.F.R. 595.204
& 595.205, 50:1705(b), and
18:2 Contributing Services to
al Qaeda
(7)
(50:1705.F) 31 C.F.R.
545.206(b) & 545.204, and
50:1705(b) Conspiracy
Services to the Taliban
(8)
(50:1705.F) 31 C.F.R. 545.204
& 545.206(a), 50:1705(b), and
18:2 Supplying Services to the
Taliban
(9)
(18:924C.F) 18:924(c)(1)(A),
924(c)(1)(B)(ii), and 2 Using
and Carrying Firearms and
Destructive Devices During
Crimes of Violence
(10)
Offense Level (opening): 4
Terminated Counts:
NONE
Complaints Disposition
(18:2332B.F) 18:2332(b)
Conspiracy to kill nationals
of the United States
outside of the United States
AMENDED COMPLAINT Ct. 1
(18:2332B.F) 18:2332(b)
Conspiracy to kill nationals
of the United States, while
nationals were outside
the United States Ct. 2
(18:2339A.F)
18:2339(A)(b)and 18:2339B &
18.2 Conspiracy to kill a
States citizen Ct. 3
(18:2339A.F) 18:2339(A)(b),
and 18:2339B & 18.2
Conspiracy to kill a United
States citizen Ct. 4 (31 CFR
545.201, 31 CFR 545.201 and
545.204 and 545.204,
Exec Order#13129, 50:1702 and
1702 and 1705 and 18.2 a
United States citizen
[ 1:02-m -51 ]
U. S. Attorneys:
Randy Bellows
[COR LD NTC]
U.S. Attorney's Office
2100 Jamieson Avenue
Alexandria, VA 22314-5794
(703) 299-3700
1/15/02 1 COMPLAINT as to John Phillip Walker Lindh [ 1:02-m -51 ] (edoo) [Entry date 01/15/02]
1/15/02 2 AFFIDAVIT by USA as to John Phillip Walker Lindh Re: [1-1] complaint [ 1:02-m -51 ] (edoo) [Entry date 01/15/02]
1/15/02 -- Arrest WARRANT issued as to John Phillip Walker Lindh [ 1:02-m -51 ] (edoo) [Entry date 01/15/02]
1/24/02 3 AMENDED COMPLAINT as to John Phillip Walker Lindh [ 1:02-m -51 ] (djoh) [Entry date 01/24/02] [Edit date 01/25/02]
1/24/02 -- Initial appearance as to John Phillip Walker Lindh held, Preliminary Examination/Detention Hearing set for 10:00 2/6/02, before Magistrate Judge Welton C. Sewell (Reporter: Norman Linnell) USA appeared through: Randy Bellows and McNulty. Deft appeared with attorneys: Morrison and Foerster, and Local Counsel: Cummings. Defendant was informed of rights. USA motions for detention with the consent of the Defendant, pending preliminary hearing/ Detention Hearing - GRANTED. Deft is remanded to the custody of the USMS. [ 1:02-m -51 ] (ntho) [Entry date 01/28/02] [Edit date 03/28/02]
1/24/02 4 ORDER OF TEMPORARY DETENTION as to John Phillip Walker Lindh ( Signed by Magistrate Judge Welton C. Sewell ) [ 1:02-m -51 ] (ntho) [Entry date 01/28/02]
1/28/02 5 TRANSCRIPT filed in case as to John Phillip Walker Lindh for dates of 01/24/02 [ 1:02-m -51 ] (edoo) [Entry date 01/28/02]
1/29/02 6 ORDER as to John Phillip Walker Lindh, for George Clark Harris to appear pro hac vice. Filing Fee Paid $ 25 ( Signed by Magistrate Judge Welton C. Sewell ) Copies Mailed: y [ 1:02-m -51 ] (edoo) [Entry date 01/29/02] [Edit date 03/27/02]
1/29/02 7 ORDER as to John Phillip Walker Lindh, for James Jerome Brusnahan to appear pro hac vice. Filing Fee Paid $ 25 ( Signed by Magistrate Judge Welton C. Sewell ) [ 1:02-m -51 ] (edoo) [Entry date 01/29/02] [Edit date 03/27/02]
1/29/02 8 ORDER as to John Phillip Walker Lindh, for Derek Anthony West to appear pro hac vice. Filing Fee Paid $ 25 ( Signed by Magistrate Judge Welton C. Sewell ) Copies Mailed: [ 1:02-m -51 ] (edoo) [Entry date 01/29/02] [Edit date 03/27/02]
1/29/02 9 ORDER as to John Phillip Walker Lindh, for Somnath Paj Chatterjee to appear pro hac vice. Filing Fee Paid $ 25 ( Signed by Magistrate Judge Welton C. Sewell ) Copies Mailed: y [ 1:02-m -51 ] (edoo) [Entry date 01/29/02] [Edit date 03/27/02]
2/5/02 10 ORDER as to John Phillip Walker Lindh that counsel for defendant is granted leave to bring into the courtroom for the 2/6/02 hearing the equipment requested (see order in file). ( Signed by Magistrate Judge Welton C. Sewell ) Copies Mailed: y [ 1:02-m -51 ] (djoh) [Entry date 02/05/02] [Edit date 03/27/02]
2/5/02 11 MEMORANDUM by John Phillip Walker Lindh in support of release pending trial [ 1:02-m -51 ] (edoo) [Entry date 02/05/02]
2/5/02 12 Appendix of non-legal authorites by John Phillip Walker Lindh in support of [11-1] support memorandum by John Phillip Walker Lindh [ 1:02-m -51 ] (edoo) [Entry date 02/05/02] [Edit date 03/27/02]
2/5/02 13 INDICTMENT as to John Phillip Walker Lindh (1) count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 (Preliminary Examination cancelled.) (jshe) [Entry date 02/06/02]
2/5/02 -- Arraignment set for 10:00 2/11/02 for John Phillip Walker Lindh (jshe) [Entry date 02/06/02]
2/5/02 -- CASE assigned to Judge T. S. Ellis III (jshe) [Entry date 02/06/02]
2/5/02 14 OPPOSITION by USA to [11-1] Memorandum in Support of Release and Government's Proffer in Support of Detention (jshe) [Entry date 02/06/02]
2/6/02 15 MOTION by John Phillip Walker Lindh to Continue Arraignment (jshe) [Entry date 02/07/02]
2/6/02 16 ORDER granting [15-1] motion by John Phillip Walker Lindh to Continue Arraignment as to John Phillip Walker Lindh (1). Arraignment in this matter is hereby continued until 9:00 a.m., Wednesday, February 13, 2002 ( Signed by Judge T. S. Ellis III ) Copies Mailed: yes (jshe) [Entry date 02/07/02]
2/6/02 -- Bond hearing as to John Phillip Walker Lindh held before Magistrate Judge Welton C. Sewell ( Reporter: N. Linnell). USA appeared through: R. Bellows, Kelly and P. Mcnulty. Dft(s) appeared with counsel: Brosnahan, Harris, West, and Wm. Cummings, Local Counsel. US is seeking detention without bond pending trial. US relies upon the affidavit and indictment as to detention. Deft adduces evidence as to Deft's release. Deft proffers as to release. US argues as to detention. Deft argues release. Court finds no reasonable conditions would assure the Deft's appearance and the Deft is remanded to the custody of the USMS to be held without bond pending trial. (ntho) [Entry date 02/07/02] [Edit date 03/28/02]
2/6/02 17 ORDER as to John Phillip Walker Lindh ( Signed by Magistrate Judge Welton C. Sewell ) Copies Mailed: y (ntho) [Entry date 02/07/02] [Edit date 02/14/02]
2/7/02 -- Deadline updated as to John Phillip Walker Lindh. Re-set Arraignment for 9:00 2/13/02 before Judge T.S. Ellis, III. (tbul) [Entry date 02/07/02] [Edit date 03/27/02]
2/7/02 18 TRANSCRIPT filed in case as to John Phillip Walker Lindh for date of 02/06/02 before Judge Sewell (jshe) [Entry date 02/07/02] [Edit date 03/27/02]
2/7/02 19 NOTICE of Appearance for John Phillip Walker Lindh by Attorney William Bruce Cummings (jshe) [Entry date 02/08/02]
2/12/02 20 JOINT MOTION filed by John Phillip Walker Lindh and USA: JOINT FILING RE TRIAL SETTING (tbul) [Entry date 02/13/02] [Edit date 03/27/02]
2/13/02 -- Arraignment as to John Phillip Walker Lindh was held before Judge T.S. Ellis, III. Deft waived formal arraignment, entered a plea of not guilty and demanded a trial by jury. The Court stated that Deft may waive speedy trial, but only within the Court's time frame. Counsel are to agree on dates. This hearing is continued to 2 p.m. 2/15/02, when trial and motions dates will be set (Rptr: Rodriquez). USA appeared through: Bellows, Kelley and Davis. Deft appeared with counsel: Harris, Cummings and West. Deft was remanded. (tbul) [Entry date 02/13/02] [Edit date 03/28/02]
2/13/02 -- Status conference as to John Phillip Walker Lindh set for 2:00 2/15/02 before Judge Ellis (tbul) [Entry date 02/13/02] [Edit date 03/27/02]
2/13/02 21 TRANSCRIPT filed in case as to John Phillip Walker Lindh, for 2/13/02 Arraignment hearing before Judge T.S. Ellis, III. (tbul) [Entry date 02/13/02] [Edit date 03/27/02]
2/15/02 22 JOINT Submission of Proposed Discovery and Scheduling Orders filed by USA and John Phillip Walker Lindh (jshe) [Entry date 02/15/02] [Edit date 02/15/02]
2/15/02 23 WAIVER of Speedy Trial filed by John Phillip Walker Lindh (Copies Mailed: Yes) (tbul) [Entry date 02/15/02] [Edit date 03/27/02]
2/15/02 24 ORDER for discovery and inspection filed as to John Phillip Walker Lindh (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul) [Entry date 02/15/02] [Edit date 03/27/02]
2/15/02 -- Status conference as to John Phillip Walker Lindh held before Judge T.S. Ellis III (Rptr: Rodriquez) USA appeared through: Bellows, Kelley and Davis. Deft appeared with counsel: Harris, Cummings and West. The Court reviewed the draft scheduling order with parties, and set filing deadlines and hearing dates. A scheduling Order will follow. USA will provide Deft with a draft protective order by Tuesday. The defendant was remanded. (tbul) [Entry date 02/15/02] [Edit date 03/28/02]
2/15/02 -- ORAL MOTION in open Court by John Phillip Walker Lindh to Continue the trial date until at least 9/16/02 (tbul) [Entry date 02/15/02] [Edit date 03/27/02]
2/15/02 25 ORDER as to John Phillip Walker Lindh that for reasons stated from the Bench, the [0-0] oral motion by John Phillip Walker Lindh to continue the trial date until at least 9/16/02 is DENIED. It is further ORDERED that Deft has leave to renew his motion if the 8/26/02 trial will extend through 9/11/02, and the Court will consider the matter again. Deft is DIRECTED to file any renewed motion by 5 p.m. 8/12/02, together with any motions in limine (Signed by Judge T.S. Ellis III) Mailed: Yes (tbul) [Entry date 02/15/02] [Edit date 03/29/02]
2/15/02 26 SCHEDULING ORDER as to John Phillip Walker Lindh DIRECTING parties to comply with this schedule. The USA must advise Deft of its position regarding the 2/12/02 discovery letter requests, on 3/1/02. Deft must file discovery motions (other than Rule 15 motions for depositions), on 3/15/02. USA response to Deft's discovery motions is due 3/29/02. A hearing on discovery matters is set for 4/1/02. USA production of materials covered by the Discovery Order or otherwise ordered produced is due 4/23/02 or earlier, and continuing as materials are received. Deft's Motion filing deadline (substantive motions other than suppression motions) is 5/17/02. Any Rule 12.2, Fed. R. Crim. P. notice by Deft is due on 5/17/02. USA to designate classified material it intends to use at trial, and any proposed substitutions, on 5/17/02. USA Response to Deft's substantive Motions is due 6/5/02. Deft's designations of classified material he intends to use at trial (CIPA Section 5 filing) shall be filed by 6/5/02. The due date for USA subtantive response to Deft's designation of classified material he intends to use at trial (CIPA Section 6(b)) is due on 6/12/02. A hearing on substantive motions (other than suppression motions) is set for 6/17/02. Any USA objection to Deft's CIPA Section 5 filing is due by 6/17/02. Deft's supression motions are to be filed 6/17/02. A hearing on USA's designation of classified material is set for 6/18/02. A hearing on Deft's designation of classified material (CIPA Section 6) is set for 6/19/02. USA response to supression motions is due 7/1/02. A hearing on suppression matters is set for 7/15/02. Parties must file any motions for Rule 15 depositions by 7/15/02. Reciprocal expert witness designations are due 7/26/02. Supplemental expert witness designations are due 8/9/02. Parties' motions in limine are due 8/12/02. Responses to parties' motions in limine are 8/19/02. USA Rule 404(b) filing is due 8/19/02. Jencks Act and Giglio production due date is 8/19/02. Parties' proposed voir dire to be conducted by the Court is due 8/19/02. A Final Pretrial Conference to include the Court's procedures for conducting voir dire and publishing and presenting documents to the jury, and objections to exhbits, will be held, along with a hearing on motions in limine, on 8/21/02. Jury selection and Trial are set for 8/26/02. Final jury instructions are due by 8/26/02 (See Order for details, and all filings are due by 5:00 p.m. on the specified date, with hearings starting at 10:00 a.m., unless otherwise noted.) (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul) [Entry date 02/15/02] [Edit date 04/22/02]
2/15/02 -- Hearing Deadline as to John Phillip Walker Lindh and USA set for 10:00 4/1/02, on discovery, before Judge Ellis (tbul) [Entry date 02/21/02] [Edit date 03/27/02]
2/15/02 -- Hearing Deadline as to John Phillip Walker Lindh set for 10:00 6/17/02 on substantive motions (other than suppression motions) before Judge Ellis (tbul) [Entry date 02/21/02] [Edit date 03/27/02]
2/15/02 -- Hearing Deadline as to John Phillip Walker Lindh and USA set for 10:00 7/15/02, on suppression matters, before Judge Ellis (tbul) [Entry date 02/21/02] [Edit date 03/27/02]
2/15/02 -- CIPA Hearing as to John Phillip Walker Lindh set for 10:00 6/18/02 on USA's designation of classified material to be used at trial, and proposed substitutions, before Judge Ellis (tbul) [Entry date 02/21/02] [Edit date 03/27/02]
2/15/02 -- CIPA Hearing as to John Phillip Walker Lindh set for 10:00 6/19/02 on Deft's designation of classified material he intends to use at trial (CIPA Section 6 hearing), before Judge Ellis (tbul) [Entry date 02/21/02] [Edit date 03/27/02]
2/22/02 27 MOTION by USA as to John Phillip Walker Lindh for Protective Order and Incorporated Memorandum of Law (jshe) [Entry date 02/25/02]
2/25/02 28 SUBMISSION of CIPA Memorandum of Understanding filed by USA as to John Phillip Walker Lindh (jshe) [Entry date 02/25/02]
2/25/02 29 ORDER, as to John Phillip Walker Lindh, that the form of protective order submitted by the USA and agreed to by Deft's counsel is APPROVED. Further ORDERED, however, that the US submit a revised order with corrections (as listed) (Signed by Judge T.S. Ellis III) Mailed: epn (tbul) [Entry date 02/25/02] [Edit date 03/27/02]
2/27/02 30 Resubmission of Protective Order filed by USA as to John Phillip Walker Lindh (jshe) [Entry date 02/27/02]
2/27/02 31 Protective Order as to John Phillip Walker Lindh (signed by Judge T. S. Ellis III) Copies Mailed yes (jshe) [Entry date 02/27/02]
3/1/02 32 SEALED MOTION by USA as to John Phillip Walker Lindh [FILED EX PARTE AND IN CAMERA] (jshe) [Entry date 03/04/02]
3/1/02 33 SEALED Document filed by USA as to John Phillip Walker Lindh [FILED EX PARTE IN CAMERA] (jshe) [Entry date 03/04/02]
3/1/02 34 SEALED MOTION by USA as to John Phillip Walker Lindh [FILED EX PARTE AND IN CAMERA] (jshe) [Entry date 03/04/02]
3/4/02 35 SEALED ORDER as to John Phillip Walker Lindh, Sealing and GRANTING [34-1] motion by USA as to John Phillip Walker Lindh [FILED EX PARTE AND IN CAMERA], [32-1] motion by USA as to Phillip Walker Lindh [FILED EX PARTE AND IN CAMERA] (Signed by Judge T. S. Ellis III) Copies Mailed: yes (jshe) [Entry date 03/05/02] [Edit date 04/24/02]
3/11/02 36 SEALED Document filed by USA as to John Phillip Walker Lindh [FILED EX PARTE] (jshe) [Entry date 03/12/02] [Edit date 03/12/02]
3/11/02 37 SEALED Document filed by USA as to John Phillip Walker Lindh [FILED EX PARTE AND IN CAMERA] (jshe) [Entry date 03/12/02] [Edit date 03/12/02]
3/11/02 38 SEALED MOTION by USA as to John Phillip Walker Lindh [FILED EX PARTE AND IN CAMERA] (jshe) [Entry date 03/12/02]
3/11/02 39 SEALED MOTION by USA as to John Phillip Walker Lindh [FILED EX PARTE AND IN CAMERA] (jshe) [Entry date 03/12/02]
3/14/02 40 Memorandum of Understanding Regarding Receipt of Classified Information filed by counsel for defendant John Phillip Walker Lindh, William Cummings, Esquire. (tbul) [Entry date 03/14/02] [Edit date 03/27/02]
3/15/02 41 SEALED ORDER denying [38-1] motion by USA as to John Phillip Walker Lindh [FILED EX PARTE AND IN CAMERA] as to John Phillip Walker Lindh (1), Sealing and GRANTING [39-1] motion by USA as to John Phillip Walker Lindh [FILED EX PARTE AND IN CAMERA] , [38-1] motion by USA as to John Phillip Walker Lindh [FILED EX PARTE AND IN CAMERA], [37-1] Document [FILED EX PARTE AND IN CAMERA] filed by USA ( Signed by Judge T. S. Ellis III) Copies Mailed: yes (jshe) [Entry date 03/15/02] [Edit date 04/24/02]
3/15/02 42 NOTICE of Motion and MOTION by John Phillip Walker Lindh for Bill of Particulars (rtra) [Entry date 03/15/02]
3/15/02 43 Memorandum of Points and Authorities in Support of [42-1] motion for Bill of Particulars by John Phillip Walker Lindh (rtra) [Entry date 03/15/02]
3/15/02 44 NOTICE of Motion and MOTION by John Phillip Walker Lindh to Compel Production of Discovery (rtra) [Entry date 03/15/02]
3/15/02 45 Memorandum of Points and Authorities in Support of [44-1] Motion to Compel Production of Discovery by John Phillip Walker Lindh (rtra) [Entry date 03/15/02]
3/15/02 46 Declaration of Tony West in Support of [44-1] Motion to Compel Production of Discovery by John Phillip Walker Lindh (rtra) [Entry date 03/15/02]
3/15/02 47 APPENDIX of Unpublished Opinions in Support of [44-1] Motion to Compel Production of Discovery by John Phillip Walker Lindh (rtra) [Entry date 03/15/02]
3/22/02 48 NOTICE of MOTION and MOTION by John Phillip Walker Lindh to Compel Production of Discovery in Response to Government's March 15, 2002, Notice of Documents filed In Camera (ctat) [Entry date 03/22/02] [Edit date 04/04/02]
3/22/02 49 Supplemental Declaration of Tony West by John Phillip Walker Lindh in Support of [48-1] motion by John Phillip Walker Lindh to Compel Production of Discovery in Response to Government's March 15, 2002 Notice of Documents filed In Camera (ctat) [Entry date 03/22/02] [Edit date 03/27/02]
3/22/02 50 NOTICE by John Phillip Walker Lindh of Supplemental Authority in Support of Motion to Compel Production of Discovery (ctat) [Entry date 03/22/02]
3/22/02 51 Supplemental Memorandum of Points and Authorities by John Phillip Walker Lindh in Support of [48-1] motion by John Phillip Walker Lindh to Compel Production of Discovery in Response to Government's March 15, 2002 Notice of Documents filed In Camera (ctat) [Entry date 03/22/02] [Edit date 03/27/02]
3/22/02 52 Appendix of Non-Published Authorities filed by defendant John Phillip Walker Lindh in Support of [51-1] Supplemental Memorandum of Points and Authorities in Support of Motion to Compel Production of Discovery in Response to Government's March 15, 2002 Notice of Documents filed in Camera (ctat) [Entry date 03/22/02] [Edit date 03/27/02]
3/22/02 53 PROOF OF PERSONAL SERVICE by John Phillip Walker Lindh (ctat) [Entry date 03/22/02]
3/22/02 54 NOTICE of Appearance for John Phillip Walker Lindh by Attorney David Thomas Williams (ctat) [Entry date 03/22/02]
3/29/02 55 NOTICE of CIPA Section 4 Ex Parte and In Camera Filing by USA as to John Phillip Walker Lindh (jshe) [Entry date 03/29/02]
3/29/02 56 MEMORANDUM by USA as to John Phillip Walker Lindh in opposition to [42-1] motion for Bill of Particulars (jshe) [Entry date 03/29/02]
3/29/02 57 MEMORANDUM by USA as to John Phillip Walker Lindh in opposition to [48-1] motion by John Phillip Walker Lindh to Compel Production of Discovery in Response to Government's March 15, 2002, Notice of Documents filed In Camera (jshe) [Entry date 03/29/02] [Edit date 04/04/02]
3/29/02 58 MEMORANDUM by USA as to John Phillip Walker Lindh in opposition to [44-1] motion to Compel Production of Discovery (jshe) [Entry date 03/29/02]
3/29/02 59 SO ORDERED: The Court hereby permits ex parte and in camera filing of 1) the Motion of USA for Permission to Make CIPA Section 4 Ex Parte and In Camera Filing, and 2) the CIPA Section 4 Ex Parte in Camera Filing as to John Phillip Walker Lindh ( Signed by Judge T.S. Ellis III ) Copies Distributed: By Hand (tbul) [Entry date 04/01/02]
4/1/02 60 REPLY MEMORANDUM by John Phillip Walker Lindh in support of [42-1] Notice of Motion and Motion for Bill of Particulars (jshe) [Entry date 04/02/02]
4/1/02 61 REPLY MEMORANDUM of Points and Authorities by John Phillip Walker Lindh in support of [44-1] Notice of Motion and Motion to Compel Production of Discovery (jshe) [Entry date 04/02/02]
4/1/02 62 NOTICE of Motion and Motion by John Phillip Walker Lindh to Preserve Evidence (jshe) [Entry date 04/02/02]
4/1/02 63 REPLY MEMORANDUM of Points and Authorities by John Phillip Walker Lindh in support of [48-1] motion by John Phillip Walker Lindh to Compel Production of Discovery in Response to Government's March 15, 2002, Notice of Documents filed In Camera (jshe) [Entry date 04/02/02] [Edit date 04/04/02]
4/1/02 64 APPLICATION for Order Shortening Time Re Hearing [62-1] Notice of Motion and Motion by John Phillip Walker Lindh to Preserve Evidence (jshe) [Entry date 04/02/02]
4/1/02 65 Declaration of Tony West in Support of Reply Memoranda by John Phillip Walker Lindh (jshe) [Entry date 04/02/02]
4/1/02 -- Motion hearing held before Judge T.S. Ellis, III, as to John Phillip Walker Lindh, re: [48-1] motion by Deft to Compel Production of Discovery in Response to USA's 3/15/02 Documents filed In Camera (heard and denied), [44-1] motion to Compel Production of Discovery (heard and denied in part, granted in part, and denied as moot in part), [42-1] motion for Bill of Particulars (heard and denied), and Deft's application for an expedited hearing and to preserve evidence (granted in part, and a hearing on the preservation motion set for 3 p.m. 4/5/02). (Rptr: Rodriquez) USA appeared through: Bellows, Kelly and Davis. Deft appeared with counsel: Brosnahan, Harris, West and Cummings. Court set dates: USA's filing (once the witness at issue has been advised of USA's request for an interview) is due 4/2/02; the Subpoena is due 4/19/02 with any opposition due Hearing scheduled for 2 p.m. 5/31/02; USA to make letters available to Deft 4/2/02; Deft to designate by 4/5/02 the witnesses he would like to interview; USA to advise the Court by 4/23/02 of any Brady material related to Bay investigation; 8/7/02 is due date for witness lists (except list of experts, which is due on a separate date). Deft was remanded. (tbul) [Entry date 04/02/02] [Edit date 04/22/02]
4/1/02 66 ORDER as to John Phillip Walker Lindh, that for reasons stated from the Bench and to be elucidated further in a forthcoming Memorandum Opinion, the USA's [32-1] sealed motion for a protective order concerning the 33 documents submitted to the Court ex parte for in camera review is GRANTED, and the [48-1] motion by John Phillip Walker Lindh to Compel Production of Discovery in Response to the USA's 3/15/02 Documents filed In Camera is DENIED ( Signed by Judge T.S. Ellis III ) Copies Mailed: epn (tbul) [Entry date 04/02/02] [Edit date 04/24/02]
4/1/02 67 ORDER as to John Phillip Walker Lindh that for reasons stated from the Bench, the [64-1] Motion [application] by Deft for an expedited hearing is GRANTED insofar as a hearing on the motion to preserve evidence is SCHEDULED for 3 p.m. 4/5/02. It is further ORDERED that the USA must file their response by noon on 4/4/02 (Signed by Judge T. S. Ellis III) Copies Mailed: epn (tbul) [Entry date 04/02/02]
4/1/02 68 ORDER as to John Phillip Walker Lindh, that for reasons stated from the Bench, the [42-1] motion for Bill of Particulars is DENIED (Signed by Judge T.S. Ellis III) Copies Mailed: epn (tbul) [Entry date 04/02/02]
4/1/02 -- Deadline updated as to John Phillip Walker Lindh Motion Hearing Deadline set for 3:00 4/5/02 for [62-1] motion by John Phillip Walker Lindh to Preserve Evidence (tbul) [Entry date 04/02/02] [Edit date 04/02/02]
4/1/02 -- Deadline updated as to John Phillip Walker Lindh set Hearing Deadline for 2 p.m. 5/31/02 on a discovery issue (tbul) [Entry date 04/02/02]
4/1/02 73 ORDER memorializing rulings issued from the bench on 4/1/02, granting in part, denying in part, denying as moot in part, and deferring in part the [44-1] motion to Compel Production of Discovery as to John Phillip Walker Lindh (1), and noting that this Order, effective 4/1/02, was signed and entered 4/10/02. See Order for details. (Signed by Judge T.S. Ellis III) Copies Mailed: epn (tbul) [Entry date 04/10/02] [Edit date 04/12/02]
4/4/02 69 RESPONSE by USA [62-1] motion by John Phillip Walker Lindh to Preserve Evidence (jshe) [Entry date 04/04/02]
4/4/02 70 REPLY to Response to [62-1] motion by John Phillip Walker Lindh to Preserve Evidence (jshe) [Entry date 04/04/02]
4/4/02 71 PRESERVATION ORDER So Ordered by the Court upon the [62-1] motion by Deft John Phillip Walker Lindh to Preserve Evidence, without opposition by the USA (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul) [Entry date 04/04/02]
4/10/02 72 ORDER as to John Phillip Walker Lindh, directing counsel to confer on the merits of issuing an order outlining logistics of web access, copies for distribution to the public and press, and law firm contacts for additional copies. Parties are further directed to advise the Court, by separate pleadings due 5 p.m. 4/17/02, regarding consent, amendments or additions to such an order, along with the telephone number of the contact person for extra copies (see Order for details) (Signed by Judge T.S. Ellis III) Copies Mailed: epn (tbul) [Entry date 04/10/02] [Edit date 04/10/02]
4/11/02 74 Memorandum of Understanding Regarding Receipt of Classified Information (jshe) [Entry date 04/12/02]
4/12/02 75 Filing Re CS-1 filed by USA (jshe) [Entry date 04/15/02]
4/16/02 76 RESPONSE by USA to [72-1] order directing counsel to confer on the merits of issuing an order outlining logistics of web access, copies for distribution to the public and press, law firm contacts for additional copies. Parties are directed to advise the Court, by separate pleadings due 5 p.m. 4/17/02, regarding consent, amendments or additions to such an order, along with the telephone number of the contact person for extra copies (see Order for details) (jshe) [Entry date 04/16/02]
4/16/02 77 MOTION by USA as to John Phillip Walker Lindh for Protective Order Regarding Detainee Interview Reports and Proposed Order (jshe) [Entry date 04/16/02]
4/16/02 78 MOTION by USA as to John Phillip Walker Lindh to Permit Ex Parte and In Camera Filing of Attachment A to the Government's Motion for Protective Order Regarding Detainee Interview Reports and Proposed Order (jshe) [Entry date 04/16/02]
4/16/02 79 NOTICE by USA as to John Phillip Walker Lindh of Ex Parte in Camera Filing (jshe) [Entry date 04/16/02]
4/17/02 80 MOTION as to John Phillip Walker Lindh by USA for a Protective Order Regarding Reports of Interviews of Detainees at QIJ with No Specific Information Regarding the Defendant (ctat) [Entry date 04/17/02]
4/17/02 81 MOTION as to John Phillip Walker Lindh by USA to Permit Ex Parte and In Camera Filing of Attachment A to the Government's Motion for Protective Order Regarding Reports of Detainees at QIJ with No Specific Information Regarding the Defendant (ctat) [Entry date 04/17/02]
4/17/02 82 NOTICE as to John Phillip Walker Lindh by USA of Ex Parte In Camera Filing (ctat) [Entry date 04/17/02]
4/17/02 83 Filing Regarding Preservation of Notes filed by USA (jshe) [Entry date 04/17/02]
4/17/02 84 NOTICE by USA as to John Phillip Walker Lindh of Ex Parte in Camera Filing (jshe) [Entry date 04/17/02]
4/17/02 85 MOTION by USA as to John Phillip Walker Lindh to Permit Ex Parte and In Camera Filing of Government's Ex Parte Motion for Protective Order Regarding Thirteen Non-Exculpatory Reports of Detainee Interviews (jshe) [Entry date 04/17/02]
4/17/02 86 RESPONSE by John Phillip Walker Lindh to the Court's [72-1] Order of 4/10/02 Regarding the Public Dissemination of Orders, Opinions, Pleadings, Briefs and Memoranda (ctat) [Entry date 04/17/02]
4/17/02 87 ORDER GRANTING the [78-1] motion by USA as to John Phillip Walker Lindh to Permit Ex Parte and In Camera Filing of Attachment A to the Government's Motion for Protective Order Regarding Detainee Interview Reports and Proposed Order, and that document is hereby FILED ex parte, solely for in camera review, for the reasons stated herein (see Order for details) (Signed by Judge T.S. Ellis III) Sent:Y (tbul) [Entry date 04/18/02]
4/17/02 88 ORDER, for good cause, requesting John Phillip Walker Lindh to file a response to the [77-1] motion by USA as to John Phillip Walker Lindh for Protective Order Regarding Detainee Interview Reports and Proposed Order by USA, by 5 p.m. 4/23/02 (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul) [Entry date 04/18/02] [Edit date 04/18/02]
4/17/02 89 ORDER GRANTING the [85-1] motion by USA as to John Phillip Walker Lindh to Permit Ex Parte and In Camera Filing of Government's Ex Parte Motion for Protective Order Regarding Thirteen Non-Exculpatory Reports of Detainee Interviews, for good cause shown and for reasons stated in the 4/17/02 Order granting the USA's Motion to Permit Ex Parte and In Camera Filing of Attachment A to the USA's Motion for Protective Order Regarding Detainee Interview Reports (Docket No. 87) (Signed by Judge T.S. Ellis III) Sent:Yes (tbul) [Entry date 04/18/02]
4/17/02 90 ORDER GRANTING the [81-1] motion by USA to Permit Ex Parte and In Camera Filing of Attachment A to the Government's Motion for Protective Order Regarding Reports of Detainees at QIJ with No Specific Information Regarding the Defendant, for good cause shown and for the reasons stated in the 4/17/02 Order granting the USA's Motion for Protective Order Regarding Detainee Interview Reports (Docket No. 87) (Signed by Judge T.S. Ellis III) Sent:Yes (tbul) [Entry date 04/18/02]
4/17/02 91 ORDER requesting John Phillip Walker Lindh to file a response to the [80-1] motion by USA for a Protective Order Regarding Reports of Interviews of Detainees at QIJ with No Specific Information Regarding the Defendant, by 5 p.m. 4/23/02 (Signed by Judge T.S. Ellis III) Copies Yes (tbul) [Entry date 04/18/02] [Edit date 04/22/02]
4/17/02 92 ORDER, for reasons stated in the 4/10/02 Order (Docket No. 72), with no objection, and to alleviate the burden on Clerk's Office personnel and resources, that consistent with the policy of the Judicial Conference announced on 3/13/02, 1) the Clerk is DIRECTED to place all Court orders and memorandum opinions (not issued under seal) on the website of the U.S. Dist. Court for the Eastern Dist. of Va., at www.vaed.uscourts.gov/ and, 2) Counsel are DIRECTED to deliver 50 extra copies to the Clerk's Office at the time of filing any pleadings, briefs or memoranda (not filed ex parte, in camera or under seal) for distribution to interested members of the public and the press (Signed by Judge T.S. Ellis III) Mailed: Yes (tbul) [Entry date 04/18/02]
4/19/02 93 REQUEST by John Phillip Walker Lindh for Issuance of Court Subpoena for a Witness (jshe) [Entry date 04/19/02]
4/19/02 94 NOTICE of Ex Parte in Camera Filing by USA as to John Phillip Walker Lindh (pmet) [Entry date 04/19/02]
4/19/02 95 MOTION by USA as to John Phillip Walker Lindh for Protective Order Related Primarily to Defense Discovery Request Number Four (rtra) [Entry date 04/19/02]
4/19/02 96 MOTION by USA as to John Phillip Walker Lindh to Permit Ex Parte and In Camera Filing of Classified Attachment to Government's Motion for Protective Order Related Primarily to Defense Discovery Request Number Four (rtra) [Entry date 04/19/02]
4/19/02 97 STATUS REPORT and MOTION by USA as to John Phillip Walker Lindh for Extension of Time to Complete Discovery (rtra) [Entry date 04/19/02]
4/22/02 98 NOTICE by USA as to John Phillip Walker Lindh of Ex Parte in Camera Filing (jshe) [Entry date 04/23/02]
4/22/02 99 MOTION by USA as to John Phillip Walker Lindh to Permit Ex Parte and In Camera Filing of Classified Supplement to Government's Motion for Protective Order Related Primarily to Defense Discovery Request Number Four (jshe) [Entry date 04/23/02]
4/23/02 100 RESPONSE filed by John Phillip Walker Lindh in opposition to the [77-1] motion by USA as to John Phillip Walker Lindh for Protective Order Regarding Detainee Interview Reports and Proposed Order and the [80-1] motion by USA for a Protective Order Regarding Reports of Interviews of Detainees at QIJ with No Specific Information Regarding the Defendant (tbul) [Entry date 04/23/02]
4/23/02 101 NOTICE by USA as to John Phillip Walker Lindh of Ex Parte In Camera Filing (jshe) [Entry date 04/23/02]
4/23/02 102 MOTION by USA as to John Phillip Walker Lindh to Permit Ex Parte and In Camera Filing of Government's Ex Parte in Camera Submission of Two Additional Documents (jshe) [Entry date 04/23/02]
4/23/02 103 Memorandum by USA Regarding Defense Access to Potential Witnesses in Department of Defense Custody (jshe) [Entry date 04/23/02]
4/23/02 104 ORDER as to John Phillip Walker Lindh, GRANTING the [97-1] motion for Extension of Time to Complete Discovery. The USA may have until 5 p.m. 5/14/02 to complete production in accordance with the Court's 2/15/02 Order (Docket No. 26), and may continue production if any new materials are obtained (Signed by Judge T.S. Ellis III) Mailed: Yes (tbul) [Entry date 04/24/02]
4/23/02 105 ORDER as to John Phillip Walker Lindh, GRANTING the [96-1] motion to Permit Ex Parte and In Camera Filing of Classified Attachment to Government's Motion for Protective Order Related Primarily to Defense Discovery Request Number Four, for good cause shown and for the reasons stated in the Court's 4/17/02 Order (Docket No. 87), and ORDERING that the Classified Attachment to the above USA Motion is hereby FILED ex parte, solely for in camera review in connection with disposition of that motion. (signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul) [Entry date 04/24/02]
4/23/02 106 ORDER as to John Phillip Walker Lindh, GRANTING the [99-1] motion by USA to Permit Ex Parte and In Camera Filing of Classified Supplement to Government's Motion for Protective Order Related Primarily to Defense Discovery Request Number Four, for good cause shown and for the reasons stated in the 4/17/02 Order (Docket No. 87), and ORDERING that the Classifed Supplement to the above motion is hereby FILED ex parte, solely for in camera review in connection with the disposition of that motion (Signed by Judge T.S. Ellis III ) Mailed: Yes (tbul) [Entry date 04/24/02]
4/23/02 107 ORDER as to John Phillip Walker Lindh, GRANTING the [102-1] motion by USA as to John Phillip Walker Lindh to Permit Ex Parte and In Camera Filing of Government's Ex Parte in Camera Submission of Two Additional Documents, and ORDERING that the USA's Submission of Two Additional Documents is hereby FILED ex parte, solely for in camera review in connection with the disposition of that motion (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul) [Entry date 04/24/02]
4/24/02 108 RESPONSE by John Phillip Walker Lindh to [97-1] motion for Extension of Time to Complete Discovery (jshe) [Entry date 04/24/02]
4/25/02 109 Status Report on Defense Request for Interviews filed by USA as to John Phillip Walker Lindh (jshe) [Entry date 04/25/02]
4/25/02 110 MEMORANDUM OPINION as to John Phillip Walker Lindh, upon the [77-1] Motion by USA for Order Regarding Detainee Interview Reports. An appropriate protective order will issue (Signed by Judge T.S. Ellis III) Copies Mailed:Yes (tbul) [Entry date 04/26/02]
4/25/02 111 PROTECTIVE ORDER REGARDING UNCLASSIFIED DETAINEE INTERVIEW REPORTS as to John Phillip Walker Lindh, with EXHIBIT 1, form of Memorandum of Understanding Regarding Receipt of Unclassified Protected Detainee Interview Reports, GRANTING IN PART and DENYING IN PART the [77-1] motion by USA for Protective Order Regarding Detainee Interview Reports (see Protective Order for details) (Signed by Judge T.S. Ellis III) Mailed: Yes (tbul) [Entry date 04/26/02] [Edit date 04/26/02]
4/25/02 112 ORDER as to John Phillip Walker Lindh upon the [108-1] motion response by Deft to the USA motion for extension of time to complete discovery, properly construed as a motion for reconsideration of the 4/23/02 Order, DENYING that motion by Deft and also DENYING Deft's request to extend the other dates and deadlines in the Court's 2/15/02 Scheduling Order. Further ORDERED that the USA must file a memorandum by 5 p.m. 5/1/02 (see Order for details) (Signed by Judge T.S. Ellis III) Copies Sent: Yes (tbul) [Entry date 04/26/02]
4/26/02 113 ORDER as to John Phillip Walker Lindh GRANTING the [85-1] ex parte motion by USA for Protective Order Regarding Thirteen Non-Exculpatory Reports of Detainee Interviews., Further ORDERED that the USA is not required to disclose the reports to the defense. Further ORDERED that the USA's Motion for Protective Order Regarding Thirteen Non-Exculpatory Reports of Detainee Interviews, together with the reports, be placed in a marked envelope and maintained ex parte and under seal for the appellate review (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul) [Entry date 04/26/02]
4/26/02 114 ORDER as to John Phillip Walker Lindh GRANTING the [80-1] motion by USA for a Protective Order Regarding Reports of Interviews of Detainees at QIJ with No Specific Information Regarding the Defendant. Further ORDERED that the USA is not required to disclose the seven detainee interview reports to the defense. Further ORDERED that the seven reports at issue and the USA's 4/12/02 discovery letter to the defense be placed in an envelope marked as Attachment A to the motion and maintained ex parte and under seal for appellate review, if necessary. (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul) [Entry date 04/26/02]
4/29/02 115 MOTION by USA as to John Phillip Walker Lindh to Quash Suppression Hearing Subpoena for CS-1 (jshe) [Entry date 04/29/02]
4/30/02 116 CERTIFICATE OF SERVICE by John Phillip Walker Lindh Service Re: Subpoenas for Witnesses within the Government's Exclusive Control (ctat) [Entry date 04/30/02]
4/30/02 117 Documents filed by defendant John Phillip Walker Lindh UNDERSEAL (ctat) [Entry date 04/30/02]
4/30/02 118 RESPONSE by John Phillip Walker Lindh to Government's [103-1] Memorandum Regarding Defense Access to Potential Witnesses in Department of Defense Custody (ctat) [Entry date 04/30/02]
4/30/02 119 Supplemental RESPONSE by John Phillip Walker Lindh Filed UNDERSEAL (ctat) [Entry date 04/30/02]
4/30/02 120 Authenticating Declaration of George C. Harris by John Phillip Walker Lindh in Support of [118-1] Response by John Phillip Walker Lindh to Government's Memorandum Regarding Defense Access to Potential Witnesses in Department of Defense Custody (ctat) [Entry date 04/30/02]
4/30/02 121 ORDER as to John Phillip Walker Lindh GRANTING the [95-1] motion for Protective Order Related Primarily to Defense Discovery Request Number Four, as to classified documents filed as Attachment 2 to the motion and the Two Additional Classified Documents filed on 4/23/02; further ORDERING that USA is not required to disclose them to defense; and further ORDERED that they be placed in separate envelopes and marked and maintained as classified documents in accordance with CIPA and in the Protective Order entered on 2/27/02, then maintained ex parte and under seal for appellate review, if necessary (Signed by Judge T.S. Ellis III) Mailed: Yes (tbul) [Entry date 04/30/02]
5/1/02 122 ORDER as to John Phillip Walker Lindh GRANTING the [95-1] motion for Protective Order Related Primarily to Defense Discovery Request Number Four as to the Supplemental Classified Attachment filed on 4/22/02. Further ORDERED that the USA is not required to disclose to the defense the documents contained in the Supplemental Classified Attachment, and further ORDERED that they be placed in an envelope and marked (see Order for details), then maintained as classified documents in accordance with CIPA and in the Protective Order entered in this case on 2/27/02, and maintained ex parte and under seal for appellate review, if necessary (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul) [Entry date 05/01/02] [Edit date 05/03/02]
5/1/02 123 ORDER as to John Phillip Walker Lindh GRANTING the [95-1] motion for Protective Order Related Primarily to Defense Discovery Request Number Four, as to Attachment 3 to the 4/19/02 motion. Further ORDERED that the USA is not required to disclose to the defense the documents contained in Attachment 3, and further ORDERED that they be placed in a envelope and marked (see Order for details), and maintained as classified documents in accordance with CIPA and in the Protective Order entered on 2/27/02, and maintained ex parte and under seal for appellate review, if necessary (Signed by Judge T.S. Ellis III) Mailed: Yes (tbul) [Entry date 05/01/02] [Edit date 05/01/02]
5/1/02 124 Status Report Regarding Discovery filed by USA as to John Phillip Walker Lindh (jshe) [Entry date 05/02/02]
5/1/02 125 MOTION by USA as to John Phillip Walker Lindh to Permit in Camera Under Seal Filing of Attachment to Government's Status Report Regarding Discovery and Proposed Order (jshe) [Entry date 05/02/02]
5/2/02 126 SO ORDERED as to John Phillip Walker Lindh, upon the [125-1] motion to Permit in Camera Under Seal Filing of Attachment to Government's Status Report Regarding Discovery and for good cause shown, that the Attachment is filed in camera under seal, for review only by the Court and Parties (Signed by Judge T.S. Ellis III) Mailed: Yes (tbul) [Entry date 05/02/02]
5/2/02 127 IN CAMERA AND UNDER SEAL ATTACHMENT TO [124-1] STATUS REPORT ON DISCOVERY filed by plaintiff USA (tbul) [Entry date 05/02/02]
5/2/02 128 REQUEST by USA as to John Phillip Walker Lindh for Leave to File Motion for Partial Modification of Protective Order Regarding Unclassified Detainee Interview Reports (jshe) [Entry date 05/02/02]
5/2/02 129 ORDER as to John Phillip Walker Lindh, SCHEDULING a hearing for 4:00 p.m. 5/6/02, at which time the Court will consider and resolve the parties' dispute concerning pre-trial interview access to Guantanamo Bay detainees and DIRECTING parties to confer, DIRECTING Deft orally to advise the USA regarding interviews they seek and related logistics, and further DIRECTING parties to advise the Court if they reach agreement on these issues (Signed by Judge T.S. Ellis III) Mailed: Yes/called (tbul) [Entry date 05/02/02] [Edit date 05/03/02]
5/2/02 -- Hearing Deadline as to John Phillip Walker Lindh, USA set 4:00 5/6/02 before Judge Ellis. (tbul) [Entry date 05/03/02]
5/3/02 130 ORDER as to John Phillip Walker Lindh GRANTING the [95-1] motion for Protective Order Related Primarily to Defense Discovery Request Number Four as to Attachments 4 and 5 to the 4/19/02 motion. Further ORDERED that the USA is not required to disclose them to the defense. Further ORDERED that the subject classified documents be placed in separate envelopes and marked (see Order for details), then maintained as classified documents in accordance with CIPA and in the Protective Order entered in this case on 2/27/02, and maintained ex parte and under seal for appellate review, if necessary (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul) [Entry date 05/06/02]
5/6/02 131 MOTION by USA as to John Phillip Walker Lindh for Continuance of Hearing Regarding Defense Access to Potential Witnesses in Department of Defense Custody (jshe) [Entry date 05/06/02]
5/6/02 -- Motion hearing held before Judge Ellis re: [131-1] motion by USA as to John Phillip Walker Lindh for Continuance of Hearing Regarding Defense Access to Witnesses in Department of Defense Custody (Rptr: Rodriquez). USA appeared through: Bellows, Kelly, Davis, McNulty; Deft appeared w/ counsel: Harris, West, Cummings. Heard and granted in part; denied in part. Further briefs due: USA - 5/14/02; Deft's response 5/24/02. Court set a hearing for 4:00 5/28/02. USA motion for leave to file a motion re: modification of Protective Order heard and granted. Motion filed in open Court, to be reviewed. Order to follow. Deft was remanded. (tbul) [Entry date 05/07/02] [Edit date 05/07/02]
5/6/02 132 ORDER as to John Phillip Walker Lindh GRANTING in part (as the Court has set a schedule) and DENYING in part (in all other respects) the [131-1] motion by USA as to John Phillip Walker Lindh for Continuance of Hearing Re: Defense Access to Potential Witnesses in DOD Custody, for reasons stated from the Bench. USA supplemental memo on pre-trial access to potential witnesses in custody is due 5 p.m. 5/14/02; Deft's response is due 5 p.m. 5/24/02; and a hearing is scheduled for 4 p.m. 5/28/02. Parties are DIRECTED to notify the Court if they reach and agreement (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul) [Entry date 05/07/02]
5/6/02 133 ORDER as to John Phillip Walker Lindh GRANTING the [128-1] request by USA for Leave to File Motion for Partial Modification of Protective Order Regarding Unclassified Detainee Interview Reports, for good cause shown (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul) [Entry date 05/07/02]
5/6/02 -- Hearing Deadline as to John Phillip Walker Lindh, USA set 4:00 5/28/02, before Judge Ellis, on issue of interview access to detainees in DOD custody (tbul) [Entry date 05/07/02]
5/6/02 134 MOTION by USA as to John Phillip Walker Lindh for Partial Modification of [111-1] Protective Order Regarding Unclassified Detainee Interview Reports, filed in open Court (tbul) [Entry date 05/07/02]
5/6/02 136 ORDER as to John Phillip Walker Lindh, for reasons stated from the Bench and without objection, GRANTING the [134-1] motion for Partial Modification of [111-1] Protective Order Regarding Unclassified Detainee Interview Reports. ORDERED that the [111-1] Protective Order is MODIFIED to require defense team members, investigators or experts retained, and potential non-detainee witnesses who submit memos of understanding and who have not undergone a background check and received a security clearance for this case, undergo a basic law enforcement background investigation independent of the prosecution team and reporting directly through the Court Security Officer. ORDERED that those results be disclosed promptly to the Court and defense counsel, but not to the prosecution (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul) [Entry date 05/08/02]
5/7/02 135 RESPONSE by John Phillip Walker Lindh to [115-1] motion by USA to Quash Suppression Hearing Subpoena for CS-1 (tbul) [Entry date 05/07/02]
5/9/02 137 Government's Response to Defense Subpoenaes (rtra) [Entry date 05/09/02]
5/9/02 138 Government's Response to Defendant's Subpoenas for Detainees (rtra) [Entry date 05/09/02]
5/13/02 139 NOTICE of MOTION and MOTION by John Phillip Walker Lindh to Dismiss Counts Six, Seven, Eight, and Nine of the Indictment as Lacking Statutory Authority (jshe) [Entry date 05/13/02]
5/13/02 140 MEMORANDUM of Points and Authorities in support of [139-1] motion by John Phillip Walker Lindh to Dismiss Counts Six, Seven, Eight, and Nine of the Indictment as Lacking Statutory Authority (jshe) [Entry date 05/13/02]
5/13/02 141 NOTICE of MOTION and MOTION by John Phillip Walker Lindh to Dismiss Count One of the Indictment for Failure to State a Violation of the Charging Statute (Combat Immunity) (jshe) [Entry date 05/13/02]
5/13/02 142 MEMORANDUM of Points and Authorities in support of [141-1] motion by John Phillip Walker Lindh to Dismiss One of the Indictment for Failure to State a Violation of the Charging Statute (Combat Immunity) (jshe) [Entry date 05/13/02]
5/13/02 143 APPENDIX of Authorities in Support of [139-1] motion by John Phillip Walker Lindh to Dismiss Counts Six, Seven, Eight, and Nine of the Indictment as Lacking Statutory Authority (jshe) [Entry date 05/13/02] [Edit date 05/13/02]
5/14/02 144 APPENDIX of Authorities in Support of [141-1] motion by John Phillip Walker Lindh to Dismiss One of the Indictment for Failure to State a Violation of the Charging Statute (Combat Immunity) (jshe) [Entry date 05/14/02]
5/14/02 145 Supplemental Memorandum by USA Regarding Defense Access to Potential Detainee Witnesses (jshe) [Entry date 05/15/02]
5/14/02 146 MOTION [FILED IN CAMERA UNDER SEAL] by USA as to John Phillip Walker Lindh (jshe) [Entry date 05/15/02]
5/14/02 147 MOTION [FILED EX PARTE AND IN CAMERA] by USA as to John Phillip Walker Lindh (jshe) [Entry date 05/15/02]
5/15/02 148 NOTICE of CIPA Section 4 Ex Parte In Camera Filing by USA as to John Phillip Walker Lindh (jshe) [Entry date 05/15/02]
5/15/02 149 NOTICE of MOTION and MOTION by John Phillip Walker Lindh to Dismiss Count Ten of the Indictment (jshe) [Entry date 05/15/02]
5/15/02 150 MEMORANDUM of Points and Authorities in support of [149-1] motion by John Phillip Walker Lindh to Dismiss Count Ten of the Indictment (jshe) [Entry date 05/15/02]
5/15/02 151 NOTICE of MOTION and MOTION by John Phillip Walker Lindh to Dismiss Counts Two through Nine of the Indictment on Freedom of Association, Overbreadth and Vagueness Grounds (jshe) [Entry date 05/15/02]
5/15/02 152 MEMORANDUM of Points and Authorities in support of [151-1] motion by John Phillip Walker Lindh to Dismiss Counts Two through Nine of the Indictment on Freedom of Association, Overbreadth and Vagueness Grounds (jshe) [Entry date 05/15/02]
5/15/02 153 APPENDIX of Authorities in Support of [151-1] motion by John Phillip Walker Lindh to Dismiss Counts Two through Nine of the Indictment on Freedom of Association, Overbreadth and Vagueness Grounds (jshe) [Entry date 05/15/02]
5/16/02 154 NOTICE of MOTION and MOTION by John Phillip Walker Lindh to Dismiss Counts Eight and Nine of the Indictment for Selective Prosecution (jshe) [Entry date 05/16/02]
5/16/02 155 MEMORANDUM of Points and Authorities in support of [154-1] motion by John Phillip Walker Lindh to Dismiss Counts Eight and Nine of the Indictment for Selective Prosecution (jshe) [Entry date 05/16/02]
5/16/02 156 NOTICE of MOTION and MOTION by John Phillip Walker Lindh to Dismiss or, in the Alternative, for Transfer of Venue (jshe) [Entry date 05/16/02]
5/16/02 157 MEMORANDUM of Points and Authorities in support of [156-1] motion by John Phillip Walker Lindh to Dismiss or, in the Alternative, for Transfer of Venue (jshe) [Entry date 05/16/02]
5/16/02 158 NOTICE of Ex Parte in Camera Filing by USA as to John Phillip Walker Lindh (jshe) [Entry date 05/17/02]
5/16/02 159 MOTION to Permit Ex Parte and In Camera Filing of Government's Second Motion for Protective Order Regarding Non-Exculpatory Reports of Detainee Interviews by USA as to John Phillip Walker Lindh (jshe) [Entry date 05/17/02]
5/16/02 160 Designation of Classified Documents filed by USA (jshe) [Entry date 05/17/02]
5/16/02 161 MOTION as to John Phillip Walker Lindh for Leave to File Amicus Brief in Support of Motion for Dismissal of Material Support Counts filed by The Center for Constitutional Rights (CCR), The National Association of Criminal Defense Lawyers (NACDL), The National Coalition to Protect Political Freedom (NCPPF) and the National Lawyers Guild (jshe) [Entry date 05/17/02] [Edit date 05/17/02]
5/17/02 162 Declaration of Steven S. Frankenstein by John Phillip Walker Lindh in Support of [154-1] motion by John Phillip Walker Lindh to Dismiss Counts Eight and Nine of the Indictment for Selective Prosecution (ctat) [Entry date 05/17/02]
5/17/02 163 Declaration of Steven Penrod by John Phillip Walker Lindh in Support of [156-1] motion by John Phillip Walker Lindh to Dismiss, or in the Alternative, for Change of Venue (ctat) [Entry date 05/17/02]
5/17/02 164 Declaration of Neil Vidmar by John Phillip Walker Lindh in Support of [156-1] motion by John Phillip Walker Lindh to Dismiss, or in the Alternative, for Change of Venue (ctat) [Entry date 05/17/02]
5/17/02 165 Appendix of Authorities filed by defendant John Phillip Walker Lindh in Support of [156-1] motion by John Phillip Walker Lindh to Dismiss, or in the Alternative, for Transfer of Venue (ctat) [Entry date 05/17/02]
5/17/02 166 NOTICE of MOTION and MOTION by John Phillip Walker Lindh to Dismiss Counts Two, Three, Four, and Five of the Indictment for Failure to State a Claim under the Charging Statute (ctat) [Entry date 05/17/02]
5/17/02 167 MEMORANDUM of Points and Authorities by John Phillip Walker Lindh in support of [166-1] motion by John Phillip Walker Lindh to Dismiss Counts Two, Three, Four, and Five of the Indictment for Failure to State a Claim under the Charging Statute (ctat) [Entry date 05/17/02]
5/17/02 168 Appendix of Authorities filed by defendant John Phillip Walker Lindh in Support of [166-1] motion by John Phillip Walker Lindh to Dismiss Counts Two, Three, Four, and Five of the Indictment for Failure to State a Claim under the Charging Statute (ctat) [Entry date 05/17/02]
5/17/02 169 Appendix of Authorities filed by defendant John Phillip Walker Lindh in Support of [149-1] motion by John Phillip Walker Lindh to Dismiss Count Ten of the Indictment (ctat) [Entry date 05/17/02]
5/17/02 170 Declaration of Tony West by John Phillip Walker Lindh in Support of [154-1] motion by John Phillip Walker Lindh to Dismiss Counts Eight and Nine of the Indictment for Selective Prosecution (ctat) [Entry date 05/17/02]
5/17/02 171 Declaration of Tony West by John Phillip Walker Lindh in Support of [156-1] motion by John Phillip Walker Lindh to Dismiss or, in the Alternative, for Transfer of Venue (ctat) [Entry date 05/17/02]
5/17/02 172 Further STATUS REPORT Regarding Discovery by USA as to John Phillip Walker Lindh (ctat) [Entry date 05/17/02]
5/17/02 173 MOTION by John Phillip Walker Lindh Requesting Leave to File Pleadings Under Seal (ctat) [Entry date 05/17/02]
5/17/02 175 NOTICE [FILED UNDERSEAL] by John Phillip Walker Lindh (jshe) [Entry date 05/21/02] [Edit date 05/21/02]
5/20/02 174 MOTION as to John Phillip Walker Lindh for Leave to File Memorandum Amicus Curiae of Law Professors (jshe) [Entry date 05/20/02]
5/20/02 176 ORDER granting [173-1] motion by John Phillip Walker Lindh Requesting Leave to File Pleadings Under Seal as to John Phillip Walker Lindh (1) (Signed by Judge Claude M. Hilton) Copies Mailed: yes (jshe) [Entry date 05/21/02] [Edit date 05/21/02]
5/20/02 177 Document [FILED UNDERSEAL] by John Phillip Walker Lindh (jshe) [Entry date 05/21/02]
5/20/02 178 REPLY by John Phillip Walker Lindh to [137-1] Response to Defense Subpoena Requests by USA (jshe) [Entry date 05/21/02]
5/23/02 179 Amendments to Reply by John Phillip Walker Lindh to [137-1] Response to Defendant's Subpoena Requests by USA (jshe) [Entry date 05/23/02]
5/24/02 -- Hearing Deadline as to John Phillip Walker Lindh set for 2:00 p.m. on 5/31/02 before Judge Ellis, in re: Subpoenas (jshe) [Entry date 05/24/02]
5/24/02 180 RESPONSE by USA to [179-1] Amendments Regarding Defendant's Subpoena Requests (jshe) [Entry date 05/24/02] [Edit date 05/24/02]
5/24/02 181 RESPONSE by John Phillip Walker Lindh to [145-1] Government's Supplemental Memorandum Regarding Defense Access to Potential Witnesses in Department of Defense Custody (jcup) [Entry date 05/24/02]
5/24/02 182 Appendix of Authorities in Support of [181-1] Response by John Phillip Walker Lindh to Government's Supplemental Memorandum Regarding Defense Access to Potential Witnesses in Department of Defense Custody (jcup) [Entry date 05/24/02]
5/24/02 183 Declaration of Tony West in Support of [181-1] Response by John Phillip Walker Lindh to Government's Supplemental Memorandum Regarding Access to Potential Witnesses in Department of Defense Custody (jcup) [Entry date 05/24/02]
5/24/02 184 Document [FILED UNDERSEAL] by John Phillip Walker Lindh (jcup) [Entry date 05/24/02] [Edit date 05/24/02]
5/24/02 185 ORDER granting [159-1] motion to Permit Ex Parte and In Camera Filing of Government's Second Motion for Protective Order Regarding Non-Exculpatory Reports of Detainee Interviews by USA as to John Phillip Walker Lindh (1) ( Signed by Judge T. S. Ellis III ) Copies Mailed: yes (jcup) [Entry date 05/24/02]