Susan Lindauer went to Carswell prison facility at the recommendation of the Asst. U.S. Attorneys,
and ordered by Mukasey. The review of the record at Carswell by Mukasey at at the hearing months
later is a mixed bag. The decision was correct. He refused to allow the totally unjustified
request for forced medication. He also failed to ensure a response affirming her ability to stand
trial, which would have included her putting up witnesses to show that the claimed delusions were not
that at all. Her attorney was not fighting the fight she's fighting now with counsel Brian
Shaughenessey.
In the order which denied the request for forced drugging, Mukasey clarified the nature of the
indictment, a deceptive document. Mukasey also went into some detail in his analysis of the
psychiatric testimony. Some of it was absurd. One psychiatrist stated a preference to never meet
the client directly, preferring to study records and written material. Can you believe that?
Could anyone conduct a practice like that at a hospital, facility, or in private practice?
Since there are no drugs specifically validated to treat delusions, Mukasey concluded that there
was no justification. He also agreed that there was no threat posed by Lindauer and she was
released to return to her home under court supervision.
Mukasey's most helpful anlaysis in the order concerned the indictment itself:
"From these charges, it appears that the high-water mark of defendant's efforts to act as an
unregistered agent for the Iraqi government was her delivery of a letter in January 2003 to the home
of an unspecified government official, in what is described even in the indictment as "an unsuccessful
effort to influence United States foreign policy." (Indictment 3n) "
This refers to the letter linked the first article I wrote on Tuesday:
Bush Political Prisoner Gets Her Day in Court.
Imagine Mukasey's surprise when he read what was in the letter:
"Above all, you must realize that if you go ahead with this invasion, Osama bin Laden will
triumph, rising from his grave of seclusion. His network will be swollen with fresh recruits and
other charismatic individuals will seek to build on his model multiplying those networks. And the
United States will have delivered the death blow to itself."
Susan Lindauers last letter to Andrew Card, Jan. 6, 2003
N.B. The handwritten note at the bottom was for Colin Powell, who also received a copy of this
letter.
With regard to the indictment, measured by it's outcome, it was a clear attempt to discredit Lindauer
in the worst way - by linking her to the crimes of the two Iraqi nationals who were supposedly
tracking members of the Iraqi resistance in the U.S. The right wing had a hay day with that.
But Mukasey pointed out that Lindauer had nothing to do with the two Iraqis. This came after
her reputation was massively assaulted but it did come. Here's what Mukasey says in the order:
"Count One of the indictment charges Lindauer with participating in a conspiracy with two
other named defendants, Raed Noman Al-Anbuke and Wisam Noman Al-Anbuke, to act in the
United States das agents of the government of Iraq without notification to the Attorney
General, in violation of 18 U.S.C. 951 (2000). The two defendants bearing the name
Al-Anbuke are sons of a former Iraqi diplomat who have already pleaded guilty, been
sentenced to time served, and left the United States ,I believe for Iraq. Their charged
conduct, as explained by the government in pretrial submissions,involved principally
obtaining the names of expatriate Iraqis in this country who were acting against
the interest of the Saddam Hussein regime, and turning them over to IIS.
It bears emphasis here that it was never the government's theory that Lindauer
participated in such conduct, or indeed that she even knew the Al-Anbuke brothers. Rather,
she and they were charged together only because both allegedly conspired with IIS."
How on earth could Lindaur's inclusion in the indictment with two unrelated Iraqi nationals be
anything other than a calculated move to smear her. And that was the result, including Lindauer
in the alleged crimes of the Iraqis was used to tear her down again and again. But as Mukasey
pointed out, there was no relationship other than her inclusion in the same indictment. Sad day
for justice and the rule of law.
I agree with you on Mukasey. I wish he'd done more. At the same time, he did toss out this
garbage request to drug her and freed her.
Lindauer appreciates Mukasey and says very kind things about his handling of this case. That's
her experience and I respect that. He did set her free, after all.
There's more to come on Tuesday. It will be very interesting, no doubt, and I suspectd that there
will be a lot more justice dispensed.