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
bmaz @JimmySky And I am freshly missing a guitar pick....
3mreplyretweetfavorite
bmaz @JoshuaHol @peterbakernyt Exactly. That is what NYT doesn't seem to get, they are doing democracy itself great disservice w/slanted coverage
5mreplyretweetfavorite
bmaz @JeffSchogol @carolrosenberg @MiamiHerald My question is how was @JasonLeopold kept away from this??
8mreplyretweetfavorite
bmaz @rcjparry @mattapuzzo @walterwkatz Witty repartee from the guy demanding I do something, i.e. disprove a lying shill.
21mreplyretweetfavorite
bmaz @rcjparry @mattapuzzo @walterwkatz Nice of you to put the cart before the horse again. Demand that from shill Lewinski.
26mreplyretweetfavorite
bmaz @rcjparry @radleybalko @PolicingWatch @CharlesMBlow Hilarious that you demand this out of others, but not of police shill Lewinski himself.
36mreplyretweetfavorite
bmaz @rcjparry @mattapuzzo @walterwkatz Yeah, thanks, I practice in those courtrooms daily, and often on these issues. I have a grip on the deal.
36mreplyretweetfavorite
bmaz @rcjparry @mattapuzzo @walterwkatz Because I don't wast my time refuting BS that has never been competently established. That's why.
46mreplyretweetfavorite
bmaz @bmaz ...was also regularly admitted into courts before being shown to be fraudulent bunk. https://t.co/wEs4QN3AQh Lewinski's dvid is crap
46mreplyretweetfavorite
bmaz For anybody that thinks Lewinski's junk "police science" is credible b/c it gets admitted in courts, look at bite mark quackery that (1/2)
48mreplyretweetfavorite
bmaz @rcjparry @mattapuzzo @walterwkatz Bullshit. It would "be more credible" if HE had competent evidence to support his slanted crap.
52mreplyretweetfavorite
bmaz @mattapuzzo @rcjparry @walterwkatz Lewinski is a biased goon; it is an embarrassment that he gets trotted out with impunity by bad cops.
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October 2013
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