The Department of Justice argued that Lindauer was "delusional" for claiming a role as a U.S. asset. Lindauer described this as "guilt by pleading innocent." In October, 2005, former Judge Mukasey ordered Lindauer to a federal prison facility at Carswell Air Force Base in Ft. Worth Texas for psychiatric evaluation to see if she would be competent to stand trial. Lindauer was confined for seven months, and then formally declared incompetent without a hearing, over her strongest objections. The allowable period for such evaluations is four months according to U.S. Federal Code.
Carswell staff acknowledged that there were no external symptoms of mental illness. However, they proposed that Lindauer should be detained indefinitely and drugged with Haldol until whatever time she could be "cured" of claiming that she had worked as a U.S. asset in counter-terrorism. Lindauer refused, and a lengthy court battle ensued. She was transferred to Metropolitan Correctional Center in Manhattan.
After four months confinement in Manhattan, former Assistant U.S. Attorney Edward O'Callaghan sought an order from Mukasey to incarcerate her for another four months and the use physical force to administer doses of Haldol or similar medications. This was despite an internal staff report by Carswell that there was no reason to justify forcible drugging since Lindauer was not a threat to herself or anyone else. Mukasey denied the prosecution request and ordered Lindauer to be released on bond on June 6, 2006.
Lindauer hired former prosecutor and Washington DC criminal attorney Brian W. Shaughnessy as counsel in mid 2008. Shaughnessy filed a motion to overturn the governments finding that she was incompetent to stand trial. Shaughnessy argued that Lindauer's record of doing well on her own before and after her arrest and her direct involvement in her defense made the government's continual claim of an inability to stand trial moot.
Bush appointee, Judge Loretta Preska ruled to uphold the government's position on Lindauer's competence on Sept. 15, 2008. Preska had been nominated for the federal appellate bench on Sept. 9, 2008.
Just a few weeks after Dr. Godfrey testified about Lindauer's warnings on the 9/11 attack, Assistant U.S. Attorney Edward O'Callaghan left the District Attorney's office to join the McCain presidential campaign. He began assisting Sarah Palin's legal team in Alaska. Dr. Godfrey testified that he had told the FBI her claims were truthful a full year before the Justice Department detained her at Carswell.
Ms. Lindauer's Attorney, Brian W. Shaughnessy pointed out that he could find no other instance where federal, state or local prosecutors have ever argued for a defendant's incompetence to stand trial over the objections of the defendant and defendant's Counsel, when that defendant was a successfully functioning member of the community and a full participant in her defense.
Lindauer lives in the DC metropolitan area where she is rebuilding her career and undertaking some writing projects.
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