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:
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.