U.S. District Court
Eastern District of Virginia High Profile Cases (Alexandria)
CRIMINAL DOCKET FOR CASE #: 1:02-cr-00037-ALL

Case title: USA v. Lindh
Other court case number(s): None
Magistrate judge case number(s): None
Date Filed: 01/15/02

Filing Date

#

Docket Text

05/12/2004335 ORDER as to John Phillip Walker Lindh, | Unsealing pleadings 32, 33, 34, 35, 36, 38, 39, 41, 146, 147, 220, 230, 231, 259, 260, 309, 310, 311, 315, 318, 319, 320| ( Signed by Judge T. S. Ellis III ) Copies Mailed: y (edoo, ) (Entered: 05/14/2004)
03/11/2004334 SUPPLEMENTAL RESPONSE by USA as to [322-1] order that counsel for the USA and Deft confer regarding whether the seal can be removed from all or portions of the record that are currently sealed, file a separate or joint pleading setting forth the portions of the record that may be unsealed; further that in the event parties cannot agree, a hearing is scheduled for 3:00 1/9/04 on whether to left the seal on portions of the record that remain sealed (edoo, ) (Entered: 03/11/2004)
02/17/2004333 ORDER that the Memorandum in Support of the Response of the United States to the 12/9/03 Order Regarding the Unsealing of Pleadings is filed UNDER SEAL (signed by Judge T. S. Ellis, III) Copies mailed: yes (tbul, ) (Entered: 02/25/2004)
02/17/2004332 UNDER SEAL Memorandum in Support of the Response of the United States to the December 9, 2003 Order Regarding the Unsealing of Pleadings filed by USA as to John Phillip Walker Lindh (tbul, ) (Entered: 02/25/2004)
02/17/2004331MOTION by USA as to John Phillip Walker Lindh |for Leave to File a pleading Under Seal| (jshe, ) (Entered: 02/17/2004)
02/17/2004330 RESPONSE by USA to [322-1] order dated 12.9.03 regarding the unsealing of pleadings (jshe, ) (Entered: 02/17/2004)
02/17/2004329 RESPONSE by John Phillip Walker Lindh to [322-1] order dated 12.9.03 regarding the unsealing of documents (jshe, ) (Entered: 02/17/2004)
02/04/2004328 ORDER as to John Phillip Walker Lindh, | Unsealing [308-1] Government's Supplemental Submission pursuant to the Court's 6/19/02 order| ( Signed by Judge T. S. Ellis III ) Copies Mailed: y (edoo, ) (Entered: 02/09/2004)
01/15/2004327 ORDER granting [325-1] motion by USA to Extend Time for filing response to order regarding sealed documents and to provide access to the sealed record, ORDERED that the parties file, on or before 5:00 p.m. 02/16/04, either jointly or individually, a pleading or pleadings setting forth the portions of the record that may be unsealed. ( Signed byJudge T. S. Ellis III ) Copies Mailed: y (edoo, ) (Entered: 01/21/2004)
01/14/2004326 NOTICE of Appearance for USA by Attorney Michael J. Elston (edoo, ) (Entered: 01/21/2004)
01/14/2004325 MOTION by USA as to John Phillip Walker Lindh |by USA to Extend Time for filing response to order regarding sealed documents and to provide access to the sealed record| (edoo, ) (Entered: 01/21/2004)
12/18/2003324 ORDER granting [323-1] motion by USA to Extend Time of filing deadline regarding unsealing of record as to John Phillip Walker Lindh, ORDERED the parties file on or before 5:00 p.m.01/20/04, either jointly or individually, a pleading or pleadings setting forth the portions of the record that maybe unsealed in this matter. (see order for details) ( Signed by Judge T. S. Ellis III ) Copies Mailed: y (edoo, ) (Entered: 01/21/2004)
12/18/2003323 MOTION by USA as to John Phillip Walker Lindh |by USA to Extend Time of filing deadline regarding unsealing of record| (edoo, ) (Entered: 01/21/2004)
12/09/2003322ORDER as to John Phillip Walker Lindh, |that counsel for the USA and Deft confer regarding whether the seal can be removed from all or portions of the record that are currently sealed, and file a separate or joint pleading setting forth the portions of the record that may be unsealed; further ORDERED that in the event parties cannot agree, a hearing is scheduled for 3:00 1/9/04 on whether to left the seal on any portions of the record that remain sealed| ( Signed by Judge T. S. Ellis III ) Mailed: Yes (tbul, ) (Entered: 01/21/2004)
02/14/2003321 Judgment Returned Executed as to John Phillip Walker Lindh, on 1/25/03 (tbul, ) (Entered: 02/21/2003)
11/19/2002320ORDER granting [319-1] Application for Leave to File pleading Ex Parte and Underseal filed by USA as to John Phillip Walker Lindh (See order for details) ( Signed by Judge T. S. Ellis III ) Copies Mailed: yes (jshe, ) (Entered: 11/20/2002)
11/19/2002319Application for Leave to File pleading Ex Parte and Underseal filed by USA as to John Phillip Walker Lindh (jshe, ) (Entered: 11/19/2002)
11/19/2002318Submission by USA to [315-1] order dated 11/6/02 in connection with the [1-308] sealed document (jshe, ) (Entered: 11/19/2002)
11/19/2002317NOTICE of Ex Parte, Underseal filing |by USA as to John Phillip Walker Lindh| (jshe, ) (Entered: 11/19/2002)
11/06/2002316ORDER as to John Phillip Walker Lindh, |providing notice to Deft and counsel that USA file ex parte and under seal pleading on 10/11/02 and the Court issued an ex parte and under seal Order on 11/6/02. The documents relate solely to the unauthorized disclosure of certain documents filed in this case by persons other than the Deft or members of the defense team| ( Signed by Judge T. S. Ellis III ) Mailed:Y (tbul, ) (Entered: 11/07/2002)
11/06/2002315ORDER as to John Phillip Walker Lindh, |in connection with the [1-308] sealed document| ORDERED that the government is DIRECTED to file an ex parte, under seal pleading on or before 5:00 p.m., Tuesday, November 19, 2002, identifying (i) the specific order or orders the government believes were violated by the former government employee, and (ii) the notice the former government employee received of the existence and terms of the order or orders that were allegedly violated. (see order for details) ( Signed by Judge T. S. Ellis III ) Copies Mailed: Yes + called (tbul, ) (Entered: 11/07/2002)
10/11/2002311 ORDER as to John Phillip Walker Lindh GRANTING [309-1]Application for leave to file pleadings ex parte and underseal [308-1] document(s) USA as to John Phillip Walker Lindh(1). (see order for details) (Signed by Judge T. S. EllisIII) Copies Mailed:Yes (jshe, ) (Entered: 05/14/2004)
10/11/2002310Notice of ex parte, under seal filing by USA || (pmet, ) (Entered: 10/16/2002)
10/11/2002309Application for leave to file pleading ex parte and under seal by USA as to John Phillip Walker Lindh |to Seal [308-1] document(s) by USA| (pmet, ) (Entered: 10/16/2002)
10/11/2002308 Government's supplemental submission pursuant to the court's 06/19/02 order (filed ex-parte) (pmet, ) (Entered: 10/16/2002)
10/10/2002307TRANSCRIPT filed in case as to John Phillip Walker Lindh for dates of 10/04/02 Sentencing Hearing before Judge Ellis (Entered: 10/16/2002)
10/04/2002 ORAL ORDER as to John Phillip Walker Lindh |granting [297-1] request by Johnny Spann for Permission to Address the Court Prior to Sentencing | ( Entered by Judge T. S. Ellis III ) (tbul, ) (Entered: 10/30/2002)
10/04/2002  ORAL ORDER as to John Phillip Walker Lindh |denying [301-1] motion by John Phillip Walker Lindh Requesting Leave to File Pleading Underseal as to John Phillip Walker Lindh (1)| ( Entered by Judge T. S. Ellis III ) (tbul, ) (Entered: 10/30/2002)
10/04/2002 DISMISSAL of Count(s) on Government Motion as to John Phillip Walker Lindh [242-1] motion to Suppress the Interrogation By U.S. Agents at Qala-I-Janghi and the Defendant's Responsive Silence by John Phillip Walker Lindh, [240-1] motion to Suppress Statements Made on December 1, 2001, to U.S. Special Forces and Robert Pelton by John Phillip Walker Lindh, [237-1] motion to Suppress Involuntary Statements by John Phillip Walker Lindh Counts Dismissed: John Phillip Walker Lindh (1) count(s) 1,2, 3, 4, 5, 6, 7, 8, 10 || (tbul, ) (Entered: 10/07/2002)
10/04/2002 Sentencing held before Judge Ellis (Rptr: Rodriquez). USA appeared through: Bellows/Kelly/Davis. Dft(s) appeared w/ counsel: Brosnahan/Harris/West/Cummings/Chaterjee. John Phillip Walker Lindh (1) count(s) 1s, 9. Court adopted PSIR w/ exceptions noted and made ltrs. a part thereof; made Deft's essay, previously under seal, a public document. Deft's allocution heard; Mr. Spann heard. Court committed Deft to Bureau of Prisons for 10 yrs. on each of Count 9 and the criminal Information,consecutively, and 3 yrs. supervised release on each of Count 9 and the Information,concurrently, with special condition: full compliance with terms of the plea agreement. Court will recommend designation to facility reasonably near Deft's family within security needs. $100 S.A. No fine. Deft remanded. (tbul, ) (Entered: 10/07/2002)
10/04/2002314 JUDGMENT John Phillip Walker Lindh (1) Count(s) 9, 1s. 120 mos. on each of Count 9 and the criminal Info. (listed as 1s), consecutively, for a total of 240 mos., w/ credit as computed by the B.O.P. and including period of 12/1/01 - 1/22/02 while inU.S. military custody. 3 yrs. supervised release on each of Count 9 and the criminal Info., concurrently and w/ special cond. of full compliance w/ Plea Agreement. $200 S.A. ($100 on each of Count 9 and criminal Info.); no fine. Remanded. John Phillip Walker Lindh (1) count(s) 1, 2, 3, 4, 5, 6, 7, 8, 10. DISMISSED (Signed by Judge T. S. Ellis III) Mailed: yes (tbul, ) (Entered: 11/05/2002)
10/04/2002313DEFENDANT'S SUPPLEMENT TO SENTENCING MEMORANDUM Documents filed by defendant John Phillip Walker Lindh prior to sentencing (tbul, ) (Entered: 10/30/2002)
10/04/2002312 SENTENCING MEMORANDUM as to John Phillip Walker Lindh, ORDERING listed documents to be made part of the PSIR, along with this Memorandum. Further ORDERED that following completion of Deft's cooperation, the USA is DIRECTED to file a pleading under seal regarding Deft's cooperation (see this Memorandum for details). Further ORDERED that the Plea Agreement and Deft's essay, "Thoughts on the Legitimacy of Suicide Bombings," be attached to the PSIR, and DIRECTING the Clerk to post this Memorandum, the Plea Agreement and the essay on the website for the U.S. District Court for the Eastern District of Virginia (signed by Judge T. S. Ellis, III) Copies mailed: Yes (tbul, ) (Entered: 10/30/2002)
10/04/2002306 ORDER as to John Phillip Walker Lindh granting [305-1] motion to Dismiss Counts 1 through 8, and Count 10, at the sentencing, under the terms of the plea agreement as to John Phillip Walker Lindh (1) ( Signed by Judge T. S. Ellis III ) Copies Mailed: Yes (tbul, ) (Entered: 10/07/2002)
10/04/2002305MOTION filed by USA as to John Phillip Walker Lindh |to Dismiss Counts 1 through 8, and Count 10, at the sentencing, under the terms of the plea agreement| (tbul, ) (Entered: 10/07/2002)
10/03/2002304 ORDER as to John Phillip Walker Lindh, |DEFERRING until an appropriate time during the hearing but prior to the final sentence a decision on Mr. Spann's pro se Request to Address the Court Prior to Sentencing. Further ORDERED that should the Court grant the request, Spann will have an opportunity to speak if he still so wishes to do so after hearing and considering all of the information revealed in the course of the hearing | ( Signed by Judge T. S. Ellis III ) Mailed:Yes, Crim. (tbul, ) (Entered: 10/03/2002)
09/30/2002303SECOND Supplement to Sentencing Memorandum by John Phillip Walker Lindh (jshe, ) (Entered: 10/01/2002)
09/27/2002302POSITION with Respect to Sentencing Factors and Sentencing Memorandum by USA as to John Phillip Walker Lindh (jshe, ) (Entered: 09/27/2002)
09/27/2002301NOTICE of MOTION and MOTION |by John Phillip Walker Lindh Requesting Leave to File Pleading Underseal| (jshe, ) (Entered: 09/27/2002)
09/27/2002300SENTENCING MEMORANDUM by John Phillip Walker Lindh (jshe, ) (Entered: 09/27/2002)
09/16/2002299ORDERED that the ex parte communications are made a part of the record in this case and are available for review in the Clerk's Office as to John Phillip Walker Lindh. See Order for Details (Signed by Judge T. S. Ellis III) Copies Mailed: yes(jshe, ) (Entered: 09/16/2002)
09/10/2002298ORDER as to John Phillip Walker Lindh, |reset Sentencing for 2:00 p.m. on 10/4/02 for John Phillip Walker Lindh| ( Signed by Judge T. S. Ellis III ) Copies Mailed: yes (jshe, ) (Entered: 09/11/2002)
07/22/2002297REQUEST |by Johnny Spann for Permission to Address the Court Prior to Sentencing| (jshe, ) (Entered: 07/22/2002)
07/19/2002296TRANSCRIPT filed in case as to John Phillip Walker Lindh for dates of 05/31/02 before Judge Ellis (jshe, ) (Entered: 07/19/2002)
07/16/2002294 TRANSCRIPT filed in case as to John Phillip Walker Lindh for date of 7/12/02 Motions hearing before Judge Ellis (tbul, ) (Entered: 07/16/2002)
07/15/2002 Sentencing set for 9:00 10/4/02 for John Phillip Walker Lindh (1) count(s) 9 of Indictment, 1s of Information before Judge Ellis (tbul, ) (Entered: 07/15/2002)
07/15/2002 PLEA entered by John Phillip Walker Lindh. Court accepts plea. |by John Phillip Walker Lindh Guilty: John Phillip Walker Lindh (1) count(s) 1s, 9| (tbul, ) (Entered: 07/15/2002)
07/15/2002 Change of Plea Hearing as to John Phillip Walker Lindh held before Judge T.S. Ellis III (Rptr: Rodriquez). Deft withdrew not guilty plea as to Count 9 and entered guilty plea as to Count 9, was formally arraigned on and entered a guilty plea as to the criminal Information filed today. USA noted it will move to dismiss remaining counts at sentencing. A Pre-Sentence Investigation Rpt. was ordered. Case cont. to 9:00 10/4/02 sentencing. Court's Order on the motion to quash will follow, but nomemorandum opinion will issue. USA appeared through: Bellows, Kelly, Davis and McNulty. Deft appeared w/ counsel: Brosnahan, Harris, West and Chatterjee. Deft remanded. (tbul, ) (Entered: 07/15/2002)
07/15/2002293WAIVER OF INDICTMENT by John Phillip Walker Lindh (tbul, ) (Entered: 07/15/2002)
07/15/2002292 STATEMENT OF FACTS as to John Phillip Walker Lindh filed in open Court (tbul, ) (Entered: 07/15/2002)
07/15/2002291Plea Agreement as to John Phillip Walker Lindh filed in open Court (tbul, ) (Entered: 07/15/2002)
07/15/2002290 INFORMATION as to John Phillip Walker Lindh (1) count(s) 1s filed in open Court (tbul, ) (Entered: 07/15/2002)
07/12/2002 Motion hearing held as to John Phillip Walker Lindh re: [276-1] motion to Quash Subpoena or for Alternative Relief before Judge T.S. Ellis III (Rptr: Rodriquez). USA appeared through: Bellows, Kelly and Davis. Dft(s) appeared w/ counsel: Brosnahan, Harris, West, Chatterjee and Cummings. Non-Party Movant Robert Young Pelton appeared through counsel: S. Pierson and J. Roberts. Pelton's motion to quash subpoena heard, findings stated and denied, with to raise it again when Pelton is called to testify. Order to follow. Parties outlined supression hrg. plans, and the Court requested a written stipulation before the hrg. if possible. Kester (W&C) appeared pro hac granted for amici. (tbul, ) (Entered: 07/15/2002)
07/12/2002295ORDER as to John Phillip Walker Lindh DENYING the [276-1] motion to Quash Subpoena or for Alternative Relief, for the reasons stated in this Order and from the Bench. Further ORDERED, however, that Pelton has leave to renew in the event he is calledto testify at the suppression hearing (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul, ) (Entered: 07/18/2002)
07/11/2002289MEMORANDUM OPINION as to John Phillip Walker Lindh in connection with the [252-1] Order dated 6/17/02 denying defendant's motions to dismiss and for tranfer of venue and upon the oral bench rulings at the motions hearing (Signed by Judge T.S. Ellis III) Mailed: Yes + called (tbul, ) (Entered: 07/11/2002)
07/11/2002288JOINDER of Dow Jones & Co., Inc., in [282-1] Motion for Leave to File Brief Amici Curiae dated 7/10/02, filed w/ proposed order (tbul, ) (Entered: 07/11/2002)
07/10/2002287Authenticating Declaration of Tony West in Support of [286-1] Response by John Phillip Walker Lindh to Motion of Robert Young Pelton to Quash Subpoena or for Alternative Relief (jshe, ) (Entered: 07/11/2002)
07/10/2002286RESPONSE by John Phillip Walker Lindh to [276-1] Motion of Robert Young Pelton to Quash Subpoena or for Alternative Relief (jshe, ) (Entered: 07/11/2002)
07/10/2002285 RESPONSE filed by USA to [276-1] motion to Quash Subpoena or for Alternative Relief (rtra, ) (Entered: 07/10/2002)
07/10/2002284 BRIEF AMICI CURIAE of Cable News Network LP, et al. in Support of Motion to Quash Subpoena, filed (rtra, ) (Entered: 07/10/2002)
07/10/2002283 MEMORANDUM IN SUPPORT of [282-1] Motion of Cable News Network LP, et al. for Leave to File Brief Amici Curiae (rtra, ) (Entered: 07/10/2002)
07/10/2002282 MOTION of Cable News Network LP, LLLP, Fox News Network LLC, Tribune Company, The Washington Post Company, The New York Times Company, CBS Broadcasting Inc., ABC, Inc., and the Reporters Committee for Freedom of the Press for Leave to File Brief Amici Curiae (w/ NOTICE rec'd. for 7/12/02) (rtra, ) (Entered: 07/10/2002)
07/10/2002281MOTION as to John Phillip Walker Lindh |for Leave of Allard K. Lowenstein International Human Rights Clinic, Center for Constitutional Rights, Center for Justice & Accountability, Extradition and Human Rights Committee of the American Branch ofthe International Law Association, Human Rights Advocates, World Organization Against Torture USA, (Amici Curiae) to File Brief of Amici Curiae and Brief of Amici Curiae International Human Rights Organizations in Support of Defendant's Motion to Suppress Involuntary Statements and Evidence| (jshe, ) (Entered: 07/10/2002)
07/09/2002280 Government's Submission Pursuant to Court's June 19, 2002 Order (rtra, ) (Entered: 07/09/2002)
07/08/2002 Deadline updated as to John Phillip Walker Lindh |Motion Hearing Deadline set for 4:00 7/12/02 for [276-1] motion to Quash Subpoena or for Alternative Relief| (tbul, ) (Entered: 07/08/2002)
07/08/2002279 ORDER as to John Phillip Walker Lindh, | RESCHEDULING the 9:00 7/12/02 hearing on Robert Young Pelton's motion to quash subpoena or for alternative relief, to 4:00 that day. Further ORDERED - simultaneous memoranda in response are due by 5:00 7/10/02| (Signed by Judge T.S. Ellis III) Copies Mailed: Yes + called (tbul, ) (Entered: 07/08/2002)
07/05/2002 Motion hearing as to John Phillip Walker Lindh [276-1] motion to Quash Subpoena or for Alternative Relief set at 9:00 a.m. on 7/12/02 (ctat, ) (Entered: 07/05/2002)
07/05/2002278Declaration of Robert Young Pelton (ctat, ) (Entered: 07/05/2002)
07/05/2002277MEMORANDUM of Points and Authorities in support of [276-1] motion of Robert Young Felton to Quash Subpoena or for Alternative Relief (ctat, ) (Entered: 07/05/2002)
07/05/2002276NOTICE of MOTION and MOTION of Robert Young Pelton as to John Phillip Walker Lindh |to Quash Subpoena or for Alternative Relief| (ctat, ) (Entered: 07/05/2002)
07/05/2002275ORDER as to John Phillip Walker Lindh, | for Stuart Fries Pierson to appear pro hac vice on behalf of Robert Pelton Filing Fee Paid $ 25.00 Receipt # 100 156171| ( Signed by Judge T. S. Ellis III ) Copies Mailed: yes (ctat, ) (Entered: 07/05/2002)
07/01/2002274Opposition by USA as to John Phillip Walker Lindh [237-1] motion to Suppress Involuntary Statements (jshe, ) (Entered: 07/01/2002)
07/01/2002273RESPONSE by USA [229-1] Proffer of Facts filed by John Phillip Walker Lindh (jshe, ) (Entered: 07/01/2002)
07/01/2002272Opposition by USA as to John Phillip Walker Lindh [242-1] motion to Suppress the Interrogation By U.S. Agents at Qala-I-Janghi and the Defendant's Responsive Silence (jshe, ) (Entered: 07/01/2002)
07/01/2002271Opposition by USA as to John Phillip Walker Lindh [224-1] motion by John Phillip Walker Lindh to Suppress Statements for Violation of Fifth Amendment Rights (Miranda and Edwards) (jshe, ) (Entered: 07/01/2002)
07/01/2002270Opposition by USA as to John Phillip Walker Lindh [240-1] motion to Suppress Statements Made on December 1, 2001, to U.S. Special Forces and Robert Pelton (jshe, ) (Entered: 07/01/2002)
07/01/2002269Opposition by USA as to John Phillip Walker Lindh [232-1] motion by John Phillip Walker Lindh to Suppress Statements for Violation of Fed.R.Crim.P.5(a) (McNabb-Mallory) and for Prolonged Detention without a Determination of Probable Cause in Violation of the Fourth Amendment (jshe, ) (Entered: 07/01/2002)
07/01/2002268Government's Filing Regarding Al Farooq Camp (jshe, ) (Entered: 07/01/2002)
06/27/2002267Submission of Proposed Order pursuant to CIPA Section 6(a) filed by USA as to John Phillip Walker Lindh (jshe, ) (Entered: 06/27/2002)
06/24/2002266 Supplemental Protective Order as to John Phillip Walker Lindh ( signed by Judge T. S. Ellis III ) Copies Mailed 06/24/02 (rtra, ) (Entered: 06/24/2002)
06/24/2002265 ORDER as to John Phillip Walker Lindh granting [263-1] Government's Motion For Permission To Make Filing Under Seal as to John Phillip Walker Lindh (1) ( Signed by Judge T. S. Ellis III ) Copies Mailed: 06/24/02 (rtra, ) (Entered: 06/24/2002)
06/24/2002264 SEALED MOTION by USA as to John Phillip Walker Lindh |[FILED UNDERSEAL]| (rtra, ) (Entered: 06/24/2002)
06/24/2002263 MOTION by USA as to John Phillip Walker Lindh | For Permission To Make Filing Under Seal| (rtra, ) (Entered: 06/24/2002)
06/20/2002262TRANSCRIPT filed in case as to John Phillip Walker Lindh for dates of 6/17/02 motions hearing before Judge Ellis (tbul, ) (Entered: 06/20/2002)
06/20/2002261TRANSCRIPT filed in case as to John Phillip Walker Lindh for dates of 6/19/02 motions hrg. before Judge Ellis (tbul, ) (Entered: 06/20/2002)
06/20/2002260TRANSCRIPT of CIPA Hearing filed in case as to John Phillip Walker Lindh for dates of 6/19/02 before Judge Ellis (tbul, ) (Entered: 06/20/2002)
06/20/2002259Authenticating declaration II of George C. Harris in support of Deft's motion to suppress statements made on 12/1/01, to the U.S. Sprcial Forces and Robert Pelton by defendant John Phillip Walker Lindh (jshe, ) (Entered: 06/20/2002)
06/19/2002 Status conference as to John Phillip Walker Lindh held before Judge T.S. Ellis III (Rptr: Linnell). USA appeared through: Bellows, Kelly and Davis. Deft appeared w/ counsel: Brosnahan, Harris, West and Cummings. Court summarized general nature of closed hearing held today, cancelled 6/24/02 hearing on counsel's representation that they are making progress, and granted defense permission to use Court's or USA system for suppression hearing on 7/15/02. Order to follow. Deft remanded.(tbul, ) (Entered: 06/20/2002)
06/19/2002 CIPA Hearing as to John Phillip Walker Lindh held before Judge T. S. Ellis III (tbul, ) (Entered: 06/20/2002)
06/19/2002  Status conference as to John Phillip Walker Lindh set at 11:00 6/19/02 for John Phillip Walker Lindh (tbul, ) (Entered: 06/20/2002)
06/19/2002258CORRECTED ORDER| in connection with 6/17/02 Order, Docket No. 253. USA is to file a pleading by 5:00 7/9/02 addressing whether any documents ordered protected by the Court were disclosed by any person bound by an Order of this Court | (Signed by Judge T.S. Ellis III) Sent: Yes (tbul, ) (Entered: 06/20/2002)
06/19/2002257 ORDER as to John Phillip Walker Lindh, |for reasons stated from the Bench, that parties submit an agreed order reflecting the general nature of their agreement, in accordance with CIPA Sec. 6, by 5:00 6/27/02| (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul, ) (Entered: 06/20/2002)
06/19/2002256ORDER as to John Phillip Walker Lindh, |DEFERRING disposition of Deft's motion for an order granting permission for certain paralegals to have access to classified information, for reasons stated from the Bench| (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul, ) (Entered: 06/20/2002)
06/19/2002255ORDER as to John Phillip Walker Lindh, |CANCELING the 6/24/02 hearing on subpoenaed witnesses for the suppression hearing and trial, upon parties' agreement| (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul, ) (Entered: 06/20/2002)
06/19/2002254STATUS REPORT Regarding Seven Contested Witnesses by USA as to John Phillip Walker Lindh (jshe, ) (Entered: 06/19/2002)
06/18/2002247 TRANSCRIPT filed in case as to John Phillip Walker Lindh for dates of 6/17/02 motions hrg. before Judge Ellis (p.m. session) (tbul, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/18/2002)
06/17/2002  Motion hearing held as to John Phillip Walker Lindh before Judge T.S. Ellis III (Rptrs: Linnell/Thomson). USA appeared through: Bellows, Kelly, Davis and Philbin; Deft appeared with counsel: Brosnahan, Harris, West and Cummings. Deft's motionsto transfer venue and to dismiss were heard, findings stated and denied. Tomorrow's CIPA hrg. is canceled. Counsel will meet and confer, then hold CIPA hrg. for both sides on 6/19/02. (tbul, ) (Entered: 06/18/2002)
06/17/2002253ORDER as to John Phillip Walker Lindh, |for reasons stated from the bench, that the USA file a pleading by 5:00 7/9/02 addressing whether any documents ordered protected by the Court were disclosed by any person bound by an Order of this Court| (Signed by Judge T.S. Ellis III) Mailed: Yes (tbul, ) (Entered: 06/19/2002)
06/17/2002252ORDER as to John Phillip Walker Lindh, for reasons stated from the bench and to be addressed in an forthcoming memorandum opinion, DENYING Defendant's [139-1] Motion to Dismiss Counts Six, Seven, Eight, and Nine of the Indictment as Lacking Statutory Authority; [141-1] Motion to Dismiss Count One of the Indictment for Failure to State a Violation of the Charging Statute (Combat Immunity); [151-1] Motion to Dismiss Counts Two through Nine of the Indictment on Freedom of Association, Overbreadth and Vagueness Grounds; [149-1] Motion to Dismiss Count Ten of the Indictment; [154-1] Motionto Dismiss Counts Eight and Nine of the Indictment for Selective Prosecution; [156-1] Motion to Dismiss or, in the Alternative, for Transfer of Venue andthe [166-1] Motion to Dismiss Counts Two, Three, Four, and Five of the Indictment for Failure to State a Claim under the Charging Statute(Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul, ) (Entered: 06/19/2002)
06/17/2002251Authenticating Declaration of George C. Harris in Support of [240-1] motion to Suppress Statements Made on December 1, 2001, to the U.S. Special Forces and Robert Pelton (jshe, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/18/2002)
06/17/2002250Authenticating Declaration of George C. Harris in Support of [242-1] motion to Suppress the Interrogation By U.S. Agents at Qala-I-Janghi and the Defendant's Responsive Silence (jshe, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/18/2002)
06/17/2002249MEMORANDUM of Points and Authorities by John Phillip Walker Lindh in support of [242-1] motion to Suppress the Interrogation By U.S. Agents at Qala-I-Janghi and the Defendant's Responsive Silence (jshe, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/18/2002)
06/17/2002248Sealed Proffer of Facts (Classified Version) filed by defendant John Phillip Walker Lindh in Support of [242-1] motion to Suppress the Interrogation By U.S. Agents at Qala-I-Janghi and the Defendant's Responsive Silence by John Phillip Walker Lindh, [240-1] motion to Suppress Statements Made on December 1, 2001, to U.S. Special Forces and Robert Pelton by John Phillip Walker Lindh, [237-1] motion to Suppress Involuntary Statements by John Phillip Walker Lindh, [232-1] motion by John Phillip Walker Lindh Suppress Statements for Violation of Fed.R.Crim.P.5(a) (McNabb-Mallory) and for ProlongedDetention without a Determination of Probable Cause in Violation of the Fourth Amendment by John Phillip Walker Lindh, [224-1] motion by John Phillip Walker Lindh to Suppress Statements for Violation of Fifth Amendment Rights (Miranda and Edwards) filed Underseal (jshe, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/18/2002)
06/17/2002246ATTACHMENT to #245 [FILED EX PARTE, IN CAMERA AND UNDER SEAL] by USA (tbul, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/18/2002)
06/17/2002245 MOTION [FILED EX PARTE AND IN CAMERA, AND UNDER SEAL] as to John Phillip Walker Lindh |by USA| (tbul, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/18/2002)
06/17/2002244 ORDER as to John Phillip Walker Lindh 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. The USA need not disclose the eleven non-exculpatory reports to the defense. Further ORDERED that the motion and its attached reports be maintained ex parte and under seal (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul, ) (Entered: 06/18/2002)
06/17/2002243 APPENDIX of Authorities in Support of [242-1] Motion to Suppress the Interrogation By U.S. Agents at Qala-I-Janghi and the Defendant's Responsive Silence by Phillip Walker Lindh (rtra, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/17/2002)
06/17/2002242 NOTICE of MOTION and Motion by John Phillip Walker Lindh |to Suppress the Interrogation By U.S. Agents at Qala-I-Janghi and the Defendant's Responsive Silence| (rtra, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/17/2002)
06/17/2002241 MEMORANDUM of Points and Authorities by John Phillip Walker Lindh in support of [240-1] Motion to Suppress Statements Made on December 1, 2001, to U.S. Special Forces and Robert Pelton (rtra, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/17/2002)
06/17/2002240 NOTICE of MOTION and Motion by John Phillip Walker Lindh |to Suppress Statements Made on December 1, 2001, to U.S. Special Forces and Robert Pelton| (rtra, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/17/2002)
06/17/2002239 APPENDIX of Authorities In Support of [237-1] Motion to Suppress Involuntary Statements by John Phillip Walker Lindh (rtra, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/17/2002)
06/17/2002238 MEMORANDUM of Points and Authorities by John Phillip Walker Lindh in support of [237-1] Motion to Suppress Involuntary Statements (rtra, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/17/2002)
06/17/2002237 NOTICE of MOTION and Motion by John Phillip Walker Lindh |to Suppress Involuntary Statements| (rtra, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/17/2002)
06/17/2002236MOTION |by USA as to John Phillip Walker Lindh for Exclusion of Defendant from CIPA Section 6 Hearings| (jshe, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/17/2002)
06/17/2002235Appendix of Authorities filed by John Phillip Walker Lindh in Support of [232-1] motion by John Phillip Walker Lindh to Suppress Statements for Violation of Fed.R.Crim.P.5(a) (McNabb-Mallory) and for Prolonged Detention without a Determination of Probable Cause in Violation of the Fourth Amendment (jshe, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/17/2002)
06/17/2002234Authenticating Declaration of George C. Harris in Support of [232-1] motion by John Phillip Walker Lindh to Suppress Statements for Violation of Fed.R.Crim.P.5(a) (McNabb-Mallory) and for Prolonged Detention without a Determination of Probable Causein Violation of the Fourth Amendment (jshe, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/17/2002)
06/17/2002233MEMORANDUM of Points and Authorities by John Phillip Walker Lindh in support of [232-1] motion by John Phillip Walker Lindh to Suppress Statements for Violation of Fed.R.Crim.P.5(a) (McNabb-Mallory) and for Prolonged Detention without a Determination of Probable Cause in Violation of the Fourth Amendment (jshe, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/17/2002)
06/17/2002232NOTICE of MOTION and MOTION |by John Phillip Walker Lindh to Suppress Statements for Violation of Fed.R.Crim.P.5(a) (McNabb-Mallory) and for Prolonged Detention without a Determination of Probable Cause in Violation of the Fourth Amendment| (jshe, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/17/2002)
06/14/2002231THIRD NOTICE with regard to defense questions for captured combatants by USA as to John Phillip Walker Lindh (rtra, ) (Entered: 06/14/2002)
06/14/2002230NOTICE regarding qualifications of interpreters/translators involved in putting defense questions to captured combatants by USA as to John Phillip Walker Lindh (rtra, ) (Entered: 06/14/2002)
06/14/2002229PROFFER of Facts filed by defendant John Phillip Walker Lindh in Support of [224-1] motion by John Phillip Walker Lindh to Suppress Statements for Violation of Fifth Amendment Rights (Miranda and Edwards) (ctat, ) (Entered: 06/14/2002)
06/14/2002228Authenticating Declaration II of George C. Harris in Support of [224-1] motion by John Phillip Walker Lindh to Suppress Statements for Violation of Fifth Amendment Rights (Miranda and Edwards) (ctat, ) (Entered: 06/14/2002)
06/14/2002227Authenticating Declaration of George C. Harris in Support of [224-1] motion by John Phillip Walker Lindh to Suppress Statements for Violation of Fifth Amendment Rights (Miranda and Edwards) (ctat, ) (Entered: 06/14/2002)
06/14/2002226APPENDIX of Authorities filed by defendant John Phillip Walker Lindh in Support of [224-1] motion by John Phillip Walker Lindh to Suppress Statements for Violation of Fifth Amendment Rights (Miranda and Edwards) (ctat, ) (Entered: 06/14/2002)
06/14/2002225MEMORANDUM of Points and Authorities by John Phillip Walker Lindh in support of [224-1] motion by John Phillip Walker Lindh to Suppress Statements for Violation of Fifth Amendment Rights (Miranda and Edwards) (ctat, ) (Entered: 06/14/2002)
06/14/2002224NOTICE of MOTION and MOTION by John Phillip Walker Lindh to Suppress Statements for Violation of Fifth Amendment Rights (Miranda and Edwards) (ctat, ) (Entered: 06/14/2002)
06/13/2002223MEMORANDUM [FILED EX PARTE AND IN CAMERA] by USA (ctat, ) (Entered: 06/13/2002)
06/13/2002222ORDER as to John Phillip Walker Lindh GRANTING [218-1] motion by USA for Under Seal and In Camera Filings. A petition of the Acting Assist. Attorney General, and a classified attachment to USA's CIPA Sec. 6(b) Filing and CIPA Sec. 5 Particularity Objections, are filed under seal and in camera (Signed by Judge T.S. Ellis III) Sent: Yes (tbul, ) (Entered: 06/13/2002)
06/12/2002221Protective Order granting [213-1] motion by USA and John Phillip Walker Lindh for Entry of Proposed Protective Order Regarding True Names of Active Military Personnel as to John Phillip Walker Lindh (1). See Order for Details (signed by Judge T. S. Ellis III) Copies Mailed yes (jshe, ) (Entered: 06/12/2002)
06/12/2002220Petition of the Assistant Attorney General, Criminal Division, for in camera hearing by USA as to John Phillip Walker Lindh (jshe, ) (Entered: 06/12/2002)
06/12/2002219CIPA Section 6(b) Filing and CIPA Section 5 Particularity Objections filed by USA (jshe, ) (Entered: 06/12/2002)
06/12/2002218MOTION |by USA as to John Phillip Walker Lindh for Under Seal Filings| (jshe, ) (Entered: 06/12/2002)
06/12/2002217 Appendix of Authorities in Support of Defendant's Reply Memorandum of Points and Authorities in Support of [216-1] by John Phillip Walker Lindh (jshe, ) (Entered: 06/12/2002)
06/12/2002216Reply Memorandum of Points and Authorities in Support by John Phillip Walker Lindh to [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 by John Phillip Walker Lindh, [156-1] motion by John Phillip Walker Lindh to Dismiss or, in the Alternative, for Transfer of Venue by John Phillip Walker Lindh, [154-1] motion by John Phillip Walker Lindh to Dismiss Counts Eight and Nine of the Indictment for Selective Prosecution by John Phillip Walker Lindh, [151-1] motion by John Phillip WalkerLindh to Dismiss Counts Two through Nine of the Indictment on Freedom of Association, Overbreadth and Vagueness Grounds by John Phillip Walker Lindh, [149-1] motion by John Phillip Walker Lindh to Dismiss Count Ten of the Indictment by John Phillip Walker Lindh, [141-1] 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) by John Phillip Walker Lindh, [139-1] motion by John Phillip Walker Lindh to Dismiss Counts Six, Seven, Eight, and Nine of the Indictment as Lacking Statutory Authority by John PhillipWalker Lindh (jshe, ) Additional attachment(s) added on 6/18/2002 (rtra, ). (Entered: 06/12/2002)
06/12/2002215OBJECTIONS by John Phillip Walker Lindh to [207-1] Attachment to Government's Opposition to Defendant's Motion to Dismiss Counts Eight and Nine of the Indictment for Selective Prosecution (jshe, ) (Entered: 06/12/2002)
06/12/2002215MOTION |by John Phillip Walker Lindh to Strike [207-1] Attachment to Government's Opposition to Defendant's Motion to Dismiss Counts Eight and Nine of the Indictment for Selective Prosecution| (jshe, ) (Entered: 06/12/2002)
06/12/2002214MOTION |by John Phillip Walker Lindh for Entry of Order Permitting Access to Classified Information| (jshe, ) (Entered: 06/12/2002)
06/12/2002213JOINT MOTION |by USA and John Phillip Walker Lindh for Entry of Proposed Protective Order Regarding True Names of Active Military Personnel| (jshe, ) (Entered: 06/12/2002)
06/10/2002212NOTICE [FILED IN CAMERA UNDERSEAL] |by USA as to John Phillip Walker Lindh| (jshe, ) (Entered: 06/10/2002)
06/07/2002211 ORDER as to John Phillip Walker Lindh, |upon USA's Second Ex Parte Motion for a Protective Order Regarding Non- Exculpatory Reports of Detainee Interviews and based on an ex parte, in camera review, that USA file by 5:00 6/13/02 an ex parte and under seal position regarding possible partial disclosure. Further ORDERED that the motion and the attached reports will be maintained ex parte and under seal| (Signed by Judge T.S. Ellis III) Copies: Called (rtra, ) (Entered: 06/07/2002)
06/05/2002208NOTICE |[FILED IN CAMERA UNDERSEAL] by USA as to John Phillip Walker Lindh| (jshe, ) (Entered: 06/06/2002)
06/05/2002207Attachment to Government's re [206-1] Opposition to Defendant's Motion to Dismiss Counts Eight and Nine of the Indictment for Selective Prosecution (jshe, ) (Entered: 06/06/2002)
06/05/2002206Opposition by USA as to John Phillip Walker Lindh re [154-1] motion by John Phillip Walker Lindh to Dismiss Counts Eight and Nine of the Indictment for Selective Prosecution (jshe, ) (Entered: 06/06/2002)
06/05/2002205Opposition by USA as to John Phillip Walker Lindh re [139-1] motion by John Phillip Walker Lindh to Dismiss Counts Six, Seven, Eight, and Nine of the Indictment as Lacking Statutory Authority (jshe, ) (Entered: 06/06/2002)
06/05/2002204MOTION as to John Phillip Walker Lindh |for Leave of Law Professors and Practitioners to File Memorandum Amicus Curiae Opposing Recognition of "Combat Immunity" for Defendant Lindh in Regard to His Armed Support of Terrorism | (jshe, ) (Entered: 06/05/2002)
06/05/2002203Opposition by USA as to John Phillip Walker Lindh re [151-1] motion by John Phillip Walker Lindh to Dismiss Counts Two through Nine of the Indictment on Freedom of Association, Overbreadth Vagueness Grounds (jshe, ) (Entered: 06/05/2002)
06/05/2002202Appendix of Authorities to Government's [201-1] Opposition to Defendant's Motion to Dismiss Count One of the Indictment for Failure to State a Violation of the Charging Statute (Combat Immunity) (jshe, ) (Entered: 06/05/2002)
06/05/2002201Opposition by USA as to John Phillip Walker Lindh re [141-1] 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, ) (Entered: 06/05/2002)
06/05/2002200MOTION |by USA as to John Phillip Walker Lindh to Permit Ex Parte and In Camera Filing of Classified Attachment to Government's Opposition to Defense Motion #2 (Combat Immunity)| (jshe, ) A (Entered: 06/05/2002)
06/05/2002199Cipa Section 5 Designations filed by John Phillip Walker Lindh (jshe, ) (Entered: 06/05/2002)
06/05/2002198Opposition by USA as to John Phillip Walker Lindh re [149-1] motion by John Phillip Walker Lindh to Dismiss Count Ten of the Indictment (jshe, ) (Entered: 06/05/2002)
06/05/2002197Opposition by USA as to John Phillip Walker Lindh re [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 (jshe, ) (Entered: 06/05/2002)
06/04/2002209Documents [FILED EX PARTE AND UNDERSEAL] by John Phillip Walker Lindh (jshe, ) (Entered: 06/06/2002)
06/04/2002196 Attachments filed by USA to [195-1] Opposition to Motion to Dismiss, or in the Alternative, for Transfer of Venue (jshe, ) (Entered: 06/05/2002)
06/04/2002195Opposition by USA as to John Phillip Walker Lindh re [156-1] motion by John Phillip Walker Lindh to Dismiss or, in the Alternative, for Transfer of Venue (jshe, ) (Entered: 06/05/2002)
06/04/2002194NOTICE |by John Phillip Walker Lindh of Ex Parte Filing Underseal| (jshe, ) (Entered: 06/05/2002)
06/03/2002210 ORDER as to John Phillip Walker Lindh, |MODIFYING the Court's 4/17/02 Order directing delivery of 50 public/press copies; counsel are now DIRECTED to deliver 20 copies of anything not filed ex parte, in camera or under seal| ( Signedby Judge T.S. Ellis III) Copies Mailed: Yes (rtra, ) (Entered: 06/07/2002)
05/31/2002  Hearing Deadline as to John Phillip Walker Lindh set 2:00 6/24/02 on subpoena issues (tbul, ) (Entered: 06/03/2002)
05/31/2002 Minute entry as to John Phillip Walker Lindh: Hrg. held before Judge T.S. Ellis III (Rptr: McCoy). USA appeared through: Bellows, Kelly and Davis. Deft appeared w/ counsel: Brosnahan, Harris, West and Cummings. Court stated it is premature for a ruling on Hamdi trial subpoena issue, upon USA's representation that Hamdi will be in the U.S. Davis may contact the Fed. Public Defender, Frank Dunham, representing Hamdi. Court directed Parties to meet and confer about the 7 witnesses in dispute.Court set hearing 2 p.m. 6/24/02 on witness subpoenas; filings due by 5 p.m. 6/19/02. Deft's oral motion for an order to transport Deft to review documents with his counsel in effect denied. Court directed Parties to resolve issue. Granted - Deft's reply brief request; page limitation request; request for release on copying obligation (only 20 public copies will now be filed). Clerk's Office directed to issue subpoenas upon counsels' oral representation that the particular witness is agreed to. Order to follow. (tbul, ) (Entered: 06/03/2002)
05/31/2002193 TRANSCRIPT filed in case as to John Phillip Walker Lindh for dates of 5/28/02 Motions Hearing before Judge Ellis (tbul, ) (Entered: 06/04/2002)
05/31/2002192ORDER as to John Phillip Walker Lindh, |upon receipt of two unsolicited, ex parte communications which are not material to this case, that the Clerk send copies of them to counsel, | (Signed by Judge T.S. Ellis III) Sent: Yes (tbul, ) (Entered: 06/04/2002)
05/31/2002191 ORDER as to John Phillip Walker Lindh, |for reasons stated from the bench, DIRECTING parties to confer on remaining witnesss subpoena disputes, and then to briefs if any disputes remain, by 5:00 6/19/02. A hearing is set for 2:00 6/24/02. Parties are DIRECTED to file a pleading that will obviate the need for a hearing, in the event they agree on all disputes| (Signed by Judge T.S. Ellis III) Mailed: Yes (tbul, ) (Entered: 06/04/2002)
05/30/2002190 ORDER as to John Phillip Walker Lindh, |for reasons stated from the bench and in a forthcoming memorandum opinion, Deft's motion for access to certain captured combatants detained at Guantanamo Bay is GRANTED in part (in that a group of Justice and Dept. of Defense attorneys - the"firewall attorneys" - separate from the government attorneys, will review written questions submitted by defense counsel, the Court will review sealed objections and resolve any disputes before and after Defense Dept. interrogators ask the questions. SEE ORDER FOR DETAILS) and is DENIED in all other respects, including the request for face-to-face contact with captured combatants. The Court ORDERS compliance with this schedule: Deft's written questions for the first 10 detainees due 6/4/02. Firewall attorney objections due 6/5/02. Deft's reponses to obj. due 6/6/02. Deft's questions for remaining detainees are due 6/7/02, with obj. due 6/10/02 and Deft's responses due 6/11/02. SEE ORDER FOR DETAILS on timing, summaries of the interviews, provision of videos, filing criteria (under seal and ex parte for the Court, defense counsel and firewall attorneys only), and interpreter/translator criteria. Further ORDERED that any USA obj. to Deft contacting the detainee in Norfolk, VA is due by 5 pm 5/30/02. Further ORDERED that USA is DIRECTED to file a pleading to identify the firewall attorneys soon, who if possible should not be from this District| (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul, ) (Entered: 05/31/2002)
05/30/2002188NOTICE |by USA as to John Phillip Walker Lindh of "FIREWALLED" Assistant United States Attorneys| (jshe, ) (Entered: 05/30/2002)
05/30/2002187RESPONSE by USA Regarding Defendant's Request to Interview Detainee Yaser Himdy (jshe, ) (Entered: 05/30/2002)
05/28/2002 ORAL MOTION in open court by counsel for John Phillip Walker Lindh |for access to the affidavit filed by USA ex parte, in camera on 5/14/02| (tbul, ) (Entered: 05/31/2002)
05/28/2002 Minute entry as to John Phillip Walker Lindh: Hrg. held before Judge T.S. Ellis III (Rptr: Rodriquez) on Pretrial access to detainee witnesses. USA appeared through: Bellows, Kelly and Davis. Deft appeared with counsel: Brosnahan, Harris, West and Cummmings. Court set filing date of 5/29/02 for USA position on a witness interview, and several dates for filings regarding the questions, timing and logistics of interviews. Deft's oral motion for a standing request to see everything USA has filed ex parte heard. Order to follow. (tbul, ) (Entered: 05/29/2002)
05/28/2002189ORDER as to John Phillip Walker Lindh DENYING, for reasons stated from the bench and for good cause, the [0-0] oral motion for access to the affidavit filed by USA ex parte, in camera on 5/14/02. Further ORDERED that Deft may renew this motion during the 6/17/02 hearings (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul, ) (Entered: 05/31/2002)
05/28/2002186 ORDER as to John Phillip Walker Lindh GRANTING the [147-1] motion [FILED EX PARTE AND IN CAMERA] by USA for permission to make a CIPA Section 4 Ex Parte In Camera Filing. The 5/14/02 motion, the Filing, and its attachment are filed ex parte and under seal, solely for in camera review (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul, ) (Entered: 05/29/2002)
05/24/2002  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, ) (Entered: 05/24/2002)
05/24/2002185ORDER 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 (jshe, ) (Entered: 05/24/2002)
05/24/2002184Document [FILED UNDERSEAL] by John Phillip Walker Lindh (jshe, ) (Entered: 05/24/2002)
05/24/2002183Declaration 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 (jshe, ) (Entered: 05/24/2002)
05/24/2002182Appendix 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 (jshe, ) (Entered: 05/24/2002)
05/24/2002181RESPONSE by John Phillip Walker Lindh to [145-1] Government's Supplemental Memorandum Regarding Defense Access to Potential Witnesses in Department of Defense Custody (jshe, ) (Entered: 05/24/2002)
05/24/2002180RESPONSE by USA to [179-1] Amendments Regarding Defendant's Subpoena Requests (jshe, ) (Entered: 05/24/2002)
05/23/2002179Amendments to Reply by John Phillip Walker Lindh to [137-1] Response to Defendant's Subpoena Requests by USA (jshe, ) (Entered: 05/23/2002)
05/20/2002178REPLY by John Phillip Walker Lindh to [137-1] Response to Defense Subpoena Requests by USA (jshe, ) (Entered: 05/21/2002)
05/20/2002177Document [FILED UNDERSEAL] by John Phillip Walker Lindh (jshe, ) (Entered: 05/21/2002)
05/20/2002176ORDER 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, ) (Entered: 05/21/2002)
05/20/2002174 MOTION as to John Phillip Walker Lindh |for Leave to File Memorandum Amicus Curiae of Law Professors| (jshe, ) (Entered: 05/20/2002)
05/17/2002175NOTICE [FILED UNDERSEAL] |by John Phillip Walker Lindh| (jshe, ) (Entered: 05/21/2002)
05/17/2002173MOTION by John Phillip Walker Lindh Requesting Leave to File Pleadings Under Seal (ctat, ) (Entered: 05/17/2002)
05/17/2002172Further STATUS REPORT Regarding Discovery by USA as to John Phillip Walker Lindh (ctat, ) (Entered: 05/17/2002)
05/17/2002171Declaration 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, ) (Entered: 05/17/2002)
05/17/2002170Declaration 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, ) (Entered: 05/17/2002)
05/17/2002169Appendix 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, ) (Entered: 05/17/2002)
05/17/2002168Appendix 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, ) (Entered: 05/17/2002)
05/17/2002167MEMORANDUM 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, ) (Entered: 05/17/2002)
05/17/2002166NOTICE 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, ) (Entered: 05/17/2002)
05/17/2002165Appendix 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, ) (Entered: 05/17/2002)
05/17/2002164Declaration 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, ) (Entered: 05/17/2002)
05/17/2002163Declaration 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, ) (Entered: 05/17/2002)
05/17/2002162Declaration 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, ). (Entered: 05/17/2002)
05/16/2002161MOTION 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 (ctat, ) (Entered: 05/17/2002)
05/16/2002160Designation of Classified Documents filed by USA (jshe, ) (Entered: 05/17/2002)
05/16/2002159MOTION |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, ) (Entered: 05/17/2002)
05/16/2002158NOTICE |of Ex Parte in Camera Filing by USA as to John Phillip Walker Lindh| (jshe, ) (Entered: 05/17/2002)
05/16/2002157MEMORANDUM 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, ) (Entered: 05/16/2002)
05/16/2002156NOTICE of MOTION and MOTION |by John Phillip Walker Lindh to Dismiss or, in the Alternative, for Transfer of Venue| (jshe, ) (Entered: 05/16/2002)
05/16/2002155MEMORANDUM 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, ) (Entered: 05/16/2002)
05/16/2002154NOTICE of MOTION and MOTION |by John Phillip Walker Lindh to Dismiss Counts Eight and Nine of the Indictment for Selective Prosecution| (jshe, ) (Entered: 05/16/2002)
05/15/2002153APPENDIX 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, ) (Entered: 05/15/2002)
05/15/2002152MEMORANDUM 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, ) (Entered: 05/15/2002)
05/15/2002151NOTICE 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, ) (Entered: 05/15/2002)
05/15/2002150MEMORANDUM of Points and Authorities in support of [149-1] motion by John Phillip Walker Lindh to Dismiss Count Ten of the Indictment (jshe, ) . (Entered: 05/15/2002)
05/15/2002149NOTICE of MOTION and MOTION |by John Phillip Walker Lindh to Dismiss Count Ten of the Indictment| (jshe, ) (Entered: 05/15/2002)
05/15/2002148NOTICE |of CIPA Section 4 Ex Parte In Camera Filing by USA as to John Phillip Walker Lindh| (jshe, ) (Entered: 05/15/2002)
05/14/2002147MOTION |for permission to make CIPA section 4 ex parte in camera filing by USA as to John Phillip Walker Lindh| (jshe, ) (Entered: 05/15/2002)
05/14/2002146MOTION |for protective order regarding declaration by USA as to John Phillip Walker Lindh| (jshe, ) (Entered: 05/15/2002)
05/14/2002145Supplemental Memorandum by USA Regarding Defense Access to Potential Detainee Witnesses (jshe, ) (Entered: 05/15/2002)
05/14/2002144APPENDIX of Authorities in Support of [141-1] 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, ) (Entered: 05/14/2002)
05/13/2002143APPENDIX 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, ) (Entered: 05/13/2002)
05/13/2002142MEMORANDUM of Points and Authorities in support of [141-1] 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, ) (Entered: 05/13/2002)
05/13/2002141NOTICE 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, ) (Entered: 05/13/2002)
05/13/2002140MEMORANDUM 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, ) (Entered: 05/13/2002)
05/13/2002139NOTICE 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, ) (Entered: 05/13/2002)
05/09/2002138 Government's Response to Defendant's Subpoenas for Detainees (rtra, ) (Entered: 05/09/2002)
05/09/2002137 Government's Response to Defense Subpoenas (rtra, ) (Entered: 05/09/2002)
05/07/2002135 RESPONSE by John Phillip Walker Lindh to [115-1] motion by USA to Quash Suppression Hearing Subpoena for CS-1 (tbul, ) (Entered: 05/07/2002)
05/06/2002 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, ) (Entered: 05/07/2002)
05/06/2002 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. Order to follow. (tbul, ) (Entered: 05/07/2002)
05/06/2002136ORDER 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 requiredefense 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, ) (Entered: 05/08/2002)
05/06/2002134 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, ) (Entered: 05/07/2002)
05/06/2002133 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, ) (Entered: 05/07/2002)
05/06/2002132ORDER 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, ) (Entered: 05/07/2002)
05/06/2002131MOTION |by USA as to John Phillip Walker Lindh for Continuance of Hearing Regarding Defense Access to Potential Witnesses in Department of Defense Custody| (jshe, ) (Entered: 05/06/2002)
05/03/2002130ORDER 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, ) (Entered: 05/06/2002)
05/02/2002 Hearing Deadline as to John Phillip Walker Lindh, USA set 4:00 5/6/02 before Judge Ellis. (tbul, ) (Entered: 05/06/2002)
05/02/2002129ORDER 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, ) (Entered: 05/03/2002)
05/02/2002128REQUEST |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, ) (Entered: 05/03/2002)
05/02/2002127IN CAMERA AND UNDER SEAL ATTACHMENT TO [124-1] STATUS REPORT ON DISCOVERY filed by plaintiff USA (tbul, ) (Entered: 05/03/2002)
05/02/2002126 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, ) (Entered: 05/03/2002)
05/01/2002125MOTION 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, ) (Entered: 05/03/2002)
05/01/2002124Status Report Regarding Discovery filed by USA as to John Phillip Walker Lindh (jshe, ) (Entered: 05/03/2002)
05/01/2002123ORDER 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, ) (Entered: 05/03/2002)
05/01/2002122ORDER 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, ) (Entered: 05/03/2002)
04/30/2002121ORDER 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 ProtectiveOrder entered on 2/27/02, then maintained ex parte and under seal for appellate review, if necessary (Signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul, ) (Entered: 04/30/2002)
04/30/2002120Authenticating 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, ) (Entered: 04/30/2002)
04/30/2002119Supplemental RESPONSE by John Phillip Walker Lindh Filed UNDERSEAL (ctat, ) (Entered: 04/30/2002)
04/30/2002118RESPONSE by John Phillip Walker Lindh to Government's [103-1] Memorandum Regarding Defense Access to Potential Witnesses in Department of Defense Custody (ctat, ) (Entered: 04/30/2002)
04/30/2002117Documents filed by defendant John Phillip Walker Lindh UNDERSEAL (ctat, ) (Entered: 04/30/2002)
04/30/2002116CERTIFICATE OF SERVICE by John Phillip Walker Lindh Service Re: Subpoenas for Witnesses within the Government's Exclusive Control (ctat, ) (Entered: 04/30/2002)
04/29/2002115MOTION |by USA as to John Phillip Walker Lindh to Quash Suppression Hearing Subpoena for CS-1| (jshe, ) (Entered: 04/29/2002)
04/26/2002114 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 todisclose 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, ) (Entered: 04/29/2002)
04/26/2002113 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, ) (Entered: 04/26/2002)
04/25/2002112 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 otherdates 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, ) (Entered: 04/26/2002)
04/25/2002111 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 forProtective Order Regarding Detainee Interview Reports (see Protective Order for details) (Signed by Judge T.S. Ellis III) Mailed: Yes (Attachments: # 1 Exhibit) (tbul, ) (Entered: 04/26/2002)
04/25/2002110MEMORANDUM 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, ) (Entered: 04/26/2002)
04/25/2002109Status Report on Defense Request for Interviews filed by USA as to John Phillip Walker Lindh (jshe, ) (Entered: 04/26/2002)
04/24/2002108RESPONSE by John Phillip Walker Lindh to [97-1] motion for Extension of Time to Complete Discovery (jshe, ) (Entered: 04/25/2002)
04/23/2002107ORDER 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, ) (Entered: 04/25/2002)
04/23/2002106 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, ) (Entered: 04/25/2002)
04/23/2002105ORDER 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 thatmotion. (signed by Judge T.S. Ellis III) Copies Mailed: Yes (tbul, ) (Entered: 04/25/2002)
04/23/2002104 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, ) Additional attachment(s) added on 4/25/2002 (jshe, ). (Entered: 04/24/2002)
04/23/2002103Memorandum by USA Regarding Defense Access to Potential Witnesses in Department of Defense Custody (jshe, ) (Entered: 04/23/2002)
04/23/2002102MOTION |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, ) (Entered: 04/23/2002)
04/23/2002101NOTICE |by USA as to John Phillip Walker Lindh of Ex Parte In Camera Filing| (jshe, ) (Entered: 04/23/2002)
04/23/2002100RESPONSE 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, ) (Entered: 04/23/2002)
04/22/200299MOTION |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, ) (Entered: 04/23/2002)
04/22/200298NOTICE |by USA as to John Phillip Walker Lindh of Ex Parte in Camera Filing| (jshe, ) (Entered: 04/23/2002)
04/19/200297 STATUS REPORT and MOTION by USA as to John Phillip Walker Lindh |for Extension of Time to Complete Discovery| (rtra, ) (Entered: 04/22/2002)
04/19/200296 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, ) (Entered: 04/22/2002)
04/19/200295 MOTION by USA as to John Phillip Walker Lindh |for Protective Order Related Primarily to Defense Discovery Request Number Four| (rtra, ) (Entered: 04/22/2002)
04/19/200294 NOTICE of Ex Parte in Camera Filing by USA as to John Phillip Walker Lindh (rtra, ) (Entered: 04/22/2002)
04/19/200293 REQUEST |by John Phillip Walker Lindh for Issuance of Court Subpoena for a Witness| (jshe, ) (Entered: 04/22/2002)
04/17/200292ORDER, 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, ) (Entered: 04/18/2002)
04/17/200291ORDER 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 Mailed:Yes (tbul, ) (Entered: 04/18/2002)
04/17/200290ORDER 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 goodcause 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, ) (Entered: 04/18/2002)
04/17/200289ORDER 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, ) (Entered: 04/18/2002)
04/17/200288ORDER, for good cause, requesting John Phillip Walker Lindh 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) Sent:Yes (tbul, ) (Entered: 04/18/2002)
04/17/200287ORDER 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 camerareview, for the reasons stated herein (see Order for details) (Signed by Judge T.S. Ellis III) Sent:Y (tbul, ) (Entered: 04/18/2002)
04/17/200286RESPONSE 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, ) (Entered: 04/17/2002)
04/17/200285MOTION |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, ) (Entered: 04/17/2002)
04/17/200284NOTICE |by USA as to John Phillip Walker Lindh of Ex Parte in Camera Filing| (jshe, ) (Entered: 04/17/2002)
04/17/200283Filing Regarding Preservation of Notes filed by USA (jshe, ) (Entered: 04/17/2002)
04/17/200282NOTICE as to John Phillip Walker Lindh by USA of Ex Parte In Camera Filing (ctat, ) (Entered: 04/17/2002)
04/17/200281MOTION 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, ) (Entered: 04/17/2002)
04/17/200280MOTION 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, ) (Entered: 04/17/2002)
04/16/200279NOTICE |by USA as to John Phillip Walker Lindh of Ex Parte in Camera Filing| (jshe, ) (Entered: 04/16/2002)
04/16/200278MOTION |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, ) (Entered: 04/16/2002)
04/16/200277MOTION |by USA as to John Phillip Walker Lindh for Protective Order Regarding Detainee Interview Reports and Proposed Order| (jshe, ) (Entered: 04/16/2002)
04/16/200276RESPONSE 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, ) (Entered: 04/16/2002)
04/12/200275Filing Re CS-1 filed by USA (jshe, ) (Entered: 04/15/2002)
04/11/200274Memorandum of Understanding Regarding Receipt of Classified Information (jshe, ) (Entered: 04/12/2002)
04/10/200272 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) | (Signedby Judge T.S. Ellis III) Copies Mailed: epn (tbul, ) (Entered: 04/10/2002)
04/04/200271PRESERVATION 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, ) (Entered: 04/05/2002)
04/04/200270REPLY to Response to [62-1] motion by John Phillip Walker Lindh to Preserve Evidence (jshe, ). (Entered: 04/04/2002)
04/04/200269RESPONSE by USA [62-1] motion by John Phillip Walker Lindh to Preserve Evidence (jshe, ) (Entered: 04/04/2002)
04/01/2002  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 4/29/02; 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 Guantanamo 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. (rtra, ) (Entered: 04/02/2002)
04/01/2002 Deadline updated as to John Phillip Walker Lindh | set Hearing Deadline for 3:00 p.m. 4/5/02 before Judge Ellis, on discovery matters| (tbul, ) (Entered: 04/01/2002)
04/01/2002  Deadline updated as to John Phillip Walker Lindh | set Hearing Deadline for 2 p.m. 5/31/02 on a discovery issue| (rtra, ) Modified on 4/3/2002 (rtra, ). (Entered: 04/02/2002)
04/01/200273ORDER 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, ) (Entered: 04/12/2002)
04/01/200268 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 (rtra, ) (Entered: 04/02/2002)
04/01/200267 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 (rtra, ) Modified on 4/2/2002 (rtra, ). (Entered: 04/02/2002)
04/01/200266 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, ) (Entered: 04/02/2002)
04/01/200265Declaration of Tony West in Support of Reply Memoranda by John Phillip Walker Lindh (jshe, ) (Entered: 04/02/2002)
04/01/200264APPLICATION for Order Shortening Time Re Hearing [62-1] Notice of Motion and Motion by John Phillip Walker Lindh to Preserve Evidence (jshe, ) (Entered: 04/02/2002)
04/01/200263 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, ) (Entered: 04/02/2002)
04/01/200262NOTICE of Motion and Motion |by John Phillip Walker Lindh to Preserve Evidence| (jshe, ) (Entered: 04/02/2002)
04/01/200261REPLY 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, ) (Entered: 04/02/2002)
04/01/200260REPLY MEMORANDUM by John Phillip Walker Lindh in support of [42-1] Notice of Motion and Motion for Bill of Particulars (jshe, ) (Entered: 04/02/2002)
03/29/200259SO 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, ) (Entered: 04/01/2002)
03/29/200258MEMORANDUM by USA as to John Phillip Walker Lindh in opposition to [44-1] Notice of Motion and Motion to Compel Production of Discovery (jshe, ) (Entered: 03/29/2002)
03/29/200257MEMORANDUM by USA as to John Phillip Walker Lindh in opposition to [48-1] 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 (jshe, ) (Entered: 03/29/2002)
03/29/200256MEMORANDUM by USA as to John Phillip Walker Lindh in opposition to [42-1] Notice of Motion and Motion for Bill of Particulars (jshe, ) (Entered: 03/29/2002)
03/29/200255NOTICE |of CIPA Section 4 Ex Parte and In Camera Filing by USA as to John Phillip Walker Lindh| (jshe, ) (Entered: 03/29/2002)
03/22/200254NOTICE of Appearance for John Phillip Walker Lindh by Attorney David Thomas Williams (ctat, ) (Entered: 03/22/2002)
03/22/200253PROOF OF PERSONAL SERVICE by John Phillip Walker Lindh (ctat, ) (Entered: 03/22/2002)
03/22/200252Appendix 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, ) (Entered: 03/22/2002)
03/22/200251Supplemental 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, ) (Entered: 03/22/2002)
03/22/200250NOTICE by John Phillip Walker Lindh of Supplemental Authority in Support of Motion to Compel Production of Discovery| (ctat) (Entered: 03/22/2002)
03/22/200249Supplemental 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, ) (Entered: 03/22/2002)