To: Alan Smithee who wrote (4931 ) 12/3/2001 7:37:17 PM From: Patrick Slevin Respond to of 14610 More njo.com At least three people claiming to be Americans emerge from defeated Taliban units By ROBERT BURNS The Associated Press 12/3/01 6:55 PM WASHINGTON (AP) -- Three people who claim to be American citizens and who fought on the side of the Taliban militia are now under the control of U.S. forces or allied opposition forces in northern Afghanistan, senior defense officials said Monday. A man identified as John Walker is receiving medical care from U.S. forces after being discovered among captured Taliban troops and al-Qaida fighters who had holed up in a fortress in Mazar-e-Sharif. CNN reported that Walker, a convert to Islam, had suffered grenade and bullet wounds. In an interview posted on Newsweek magazine's Web site, his parents identified him from photos as John Philip Walker Lindh, 20, of Fairfax, Calif. Two other people who claim to be Americans are under the control of the northern alliance, a defense official said, speaking on condition of anonymity. The official knew few details about these two, whose identities have not been established and whose physical condition could not be determined. Asked about Walker, Rear Adm. John Stufflebeem, the deputy director of operations for the Joint Chiefs of Staff, said he could not say whether Walker is considered a prisoner of war or whether he would be returned to the United States. Stufflebeem said Walker's status has "not yet been defined." "The only thing that I can say about this individual is that this is somebody who claims to be an American citizen," he said. "That claim is being respected for the moment, until facts can be established." The U.S. government could find it difficult to successfully criminal charges against Americans fighting for the Taliban. A case against Walker "would be a tricky thing to prosecute because the Constitution requires two eyewitnesses to the act of treason," said University of North Carolina law professor Eric Muller. "I would think somebody in the Justice Department will have to take a very careful look at this." Also, Bush's military tribunals are limited to foreign nationals, not U.S. citizens. ............... et cetera