The Other Things the Government Is Hiding from Dzhokhar’s Lawyers

As Josh Gerstein reported earlier today, Dzhokhar Tsarnaev repeatedly asked for a lawyer during his interrogation — and the government has not turned over details about the extent of his requests to his lawyers.

That’s interesting enough — does the government really expect it will be able to suppress these details?

But there are other details from Dzhokhar’s lawyers’ discovery request that I find equally of interest. The government also withheld:

  • The immigration files of requested individuals. The government has refused to share the files from anyone but Dzhokhar’s nuclear family (presumably meaning even the file of his spooked up uncle will be withheld, along with that of — say — Ibragim Todashev).
  • The interview reports from certain people in Russia.
  • Information about the surveillance and interviews of Tamerlan and the brothers’ mother prior to the Boston bombing.
  • Information on tips from the Russians.
  • Transcripts of Dzhokhar’s calls from the detention center. This would include a call to his mother the government cited in imposing SAPs on him.
  • “All documents and information concerning or comprising intercepted communications (e.g., U.S. mail, voice (telephone/skype/etc.) calls, text messages, e-mail messages, we search history/browser requests) of the defendant and his family members.” The filing doesn’t describe what, if any, response the government gave to this request.
  • Documents pertaining to the investigation of the 2011 Waltham murders, including any investigation of Tamerlan, Ibragim Todashev, or Dzhokhar. The government cited investigative privilege in withholding these documents.

Some of this may well come out later. But it seems the government is withholding anything that might touch Russian intelligence. Which is why I find this footnote so interesting.

With respect to the second summary disclosure, government counsel cryptically wrote: “We apologize for providing this information in a supplement but our own review of the information was unavoidably delayed.”

The Fifth and Sixth Amendment issues here might well endanger the government’s death penalty case, if not worse. But you get the feeling the government may be willing to risk their legal case (at least the death penalty) to protect these intelligence details.

Too bad for them so many of them have been leaked to the press or disclosed in the aftermath of killing Todashev.

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5 Responses to The Other Things the Government Is Hiding from Dzhokhar’s Lawyers

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Emptywheel Twitterverse
emptywheel @BradMossEsq I'm glad I clarified, as that's not what context suggested. Sort of a nonsense question.
24sreplyretweetfavorite
emptywheel @BradMossEsq I don't. Know only what Clapper said, which is info declassified in response to Snowden. I'm not one inventing other reality.
53sreplyretweetfavorite
emptywheel Why does 9/11 report say we need more fearmongering if counterterrorism performance as good as it say it is? http://t.co/LnVR7IAW9T
6mreplyretweetfavorite
emptywheel 9/11 Report warns of "creeping tide of complacency" v rising threats in ME. Why threat rising if CT performance good? http://t.co/LnVR7IAW9T
8mreplyretweetfavorite
emptywheel @BradMossEsq Justifies? That your client was able to say things he almost certainly wouldn't have before? That's your question?
15mreplyretweetfavorite
emptywheel @BradMossEsq Yes, there is a whistleblowing process. Yes, in this case that was made easier bc Snowden leaked the info first.
25mreplyretweetfavorite
emptywheel @BradMossEsq No, your original, fanciful claim is this info is not declass bc of Snowden. Unless Clapper was lying abt his actions it is.
26mreplyretweetfavorite
emptywheel @BradMossEsq But to invent world in which Clapper didn't declass all that info in response to Snowden is simply fanciful.
29mreplyretweetfavorite
emptywheel @BradMossEsq And again, that's NOT to take away from your client. Now people will finally read what was in public domain bc of Snowden leaks
30mreplyretweetfavorite
emptywheel @BradMossEsq Very basic point: Snowden leaks. Clapper releases info saying he did so to respond. Your client writes op-ed on info.
32mreplyretweetfavorite
emptywheel @BradMossEsq Again, PLEASE stop mischaracterizing what I say so you can pretend things are something other than they are.
33mreplyretweetfavorite
emptywheel @Jj_nyappdefense Did I say that? Nope. But let's start w/McMillan's access to press, which not all inmates have.
34mreplyretweetfavorite
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