Lawyers for John Walker Lindh, the American Taliban, have claimed he had his fifth amendment rights violated by officials who improperly interrogated him while he was in custody.
His lawyers are arguing that the American Taliban's incriminating statements should be thrown out.
In court documents filed with the U.S. District Court, Lindh's lawyers said U.S. interrogators failed to offer Lindh what are referred to as Miranda rights. The rights are a bedrock of the American legal system that requires that all suspects be told they have the right to an attorney and to remain silent.
Lindh, a 21-year-old Californian captured in Afghanistan last year while fighting with the Taliban, was taken into custody on Dec. 1, 2001 by the Northern Alliance then transferred to the custody of U.S. military forces.
"After being taken into US custody, Mr. Lindh was held incommunicado and repeatedly interrogated without any attempt to advise him of his Fifth Amendment rights until Dec. 9," his attorneys said in a memorandum to the court.
"This is true despite the fact that the interrogators were well aware of their duty to give Mr. Lindh advice of rights," the defense said.
"The government does not contend that any warnings were provided to Mr. Lindh prior to Dec. 9, 2001," the attorneys said. "Therefore, any statements allegedly made by Mr. Lindh in response to government questioning prior to that date ... must be suppressed."
The statements given by Lindh while in Afghanistan help form the base of the government's case against him.
Lindh has pleaded not guilty to a 10-count indictment charging him with conspiring with and aiding the Taliban and Osama bin Laden's al Qaeda network.