Princeton Committee Against Terrorism hosts discussion on the nature of citizenship and how to treat John Walker Lindh.
By: Lindsay Dell
If it were up to Dr. J. M. Spectar to decide, John Walker Lindh would keep his status as a United States citizen, despite his having allegedly joined the Taliban.
Mr. Walker Lindh, 21, is being held under charges of treason and conspiracy against the United States, and a proposal to strip him of his citizenship has been the cause of much legal crossfire.
"Citizenship is a birthright it is something that is indivisible, permanent and cannot be taken away," said Dr. Spectar, a Princeton University professor and international law specialist.
In a debate Thursday sponsored by the Princeton Committee Against Terrorism, Dr. Spectar argued his case against Jonathan Turley, a professor at The George Washington University Law School.
Citing the U.S. Constitution, Dr. Spectar explained that Mr. Walker Lindh’s actions, no matter how treasonous, could not revoke his citizenship, which was a grant from the Founding Fathers.
"The Constitution is not a seasonal compact," Dr. Spectar said.
Dr. Turley countered that the Constitution is a contractual covenant, and that by joining the Taliban, Mr. Walker Lindh had broken that vow.
"John Walker Lindh is a traitor. He was in the company of people levying war against the United States, fighting against everything that defines us as American," he said.
Under U.S. Statute 1481, explained Dr. Turley, someone must voluntarily commit a certain act with the explicit intention of losing his or her citizenship in order to be expatriated. These seven acts include taking up arms against the United States, joining a foreign army that is engaged in combat with the United States and taking an oath of allegiance to a foreign country.
While it is not clear that Mr. Walker Lindh joined the Taliban with the intention of relinquishing his nationality, his actions spoke for him, Dr. Turley said.
"Certain voluntary acts are, by definition, expatriating," Dr. Turley said.
Dr. Spectar contested this assertion, arguing that Mr. Walker Lindh had been caught unaware and was coerced into joining a group that began its hostility toward the United States after Mr. Walker Lindh already had become involved.
"We’ve never outlawed people from fighting in a foreign army (against other foreign states)," said Dr. Spectar.
According to Dr. Spectar, Mr. Walker Lindh "straggled into" the Taliban, not AlQaeda, under the assumption that he would be fighting against the Northern Alliance. At the time, Dr. Spectar said, the United States was "embarrassed" to be associated with the members of the Northern Alliance, and had forged no formal agreements with them.
No matter what side of the debate prevails, said Dr. Spectar, the Constitution should guide the decision on Mr. Walker Lindh’s punishment.
"The Constitution protects us from the mob passion of the moment. Citizenship is permanent," he said.