Deal for Lindh developed quickly over weekend

ALEXANDRIA, Va. -- With a smile and a secret, John Walker Lindh walked into the courtroom. Just after midnight, his lawyers had struck a deal with prosecutors to spare him life in prison after a week of negotiations that even reached the White House.

The deal, calling for 20 years in prison, gave a little something to each side.

The government wouldn't have to devote resources to trying to convict Lindh or risk exposing sensitive intelligence or Taliban and al-Qaida prisoners to exposure in open court.

And Lindh avoided the possibility of life in prison and charges that he engaged in terrorism against his country.

"Our goal, frankly, was to try to give him some kind of future in the chaos," chief defense lawyer James Brosnahan explained Monday outside court after the hearing.

If U.S. District Judge T.S. Ellis III follows the plea bargain recommendation during sentencing Oct. 4, Lindh will be free by the time he is 41.

Presidential approval

The deal was put together so late Sunday night that Lindh's attorneys had to make special arrangements to get back into the jail to get his final approval. And the judge was told only a few minutes before the start of court Monday.

Lawyers on both sides said the plea agreement developed quickly over the weekend after President Bush gave approval for a possible deal Thursday. Defense lawyers were also disappointed by comments the judge made Friday indicating difficulties ahead for Lindh's team, adding to the momentum for a deal.

Much of the weekend negotiating focused on the exact charges to which Lindh would plead.

The defense team adamantly argued the American never engaged in terrorism or acts against the United States and simply helped the Taliban because of his religious devotion to Islam.

In the end, they agreed to two charges that accused Lindh of helping the Taliban and possessing explosives during a crime. The government also included a lone reference in court papers to Lindh training at a camp linked to al-Qaida.

It was a far cry from the original indictment, which included 10 felonies and the possibility of at least three life terms in prison. That document also was loaded with references to Lindh meeting Osama bin Laden.

"We did relish the idea of an acquittal," Brosnahan said. "But we had to give it up."

'A major sentence'

U.S. Attorney Paul McNulty said the plea deal wasn't a sign the government was concerned about the strength of the case or a sympathy factor toward Lindh. "We are confident that we would have prevailed on all counts," he said.

He added, "Twenty years is a period of time almost as long as he's been alive. It's a major sentence."

McNulty said it ultimately came down to preserving federal resources, and ensuring Lindh's cooperation with future cases and U.S. intelligence as it seeks to gain understanding of al-Qaida's inner workings.

"This plea agreement represents an opportunity for the government to get a very tough sentence, to get cooperation and to conserve precious resources for the future challenges," McNulty said.

The plea deal reached the White House long before it was consummated

Al Gonzales, the White House's top lawyer, outlined the plan Thursday in a meeting with Bush, who signed off on it, said a senior White House official who spoke on condition of anonymity.