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 @tomwatson I agree. Of course, if the roles were reversed, you would be screeching like holy hell.
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emptywheel RT @SkinnerPm: From @TheSoufanGroup piece this morning on offline #ISIS recruiting https://t.co/DPR0DCurgX https://t.co/vmMr2YcuqW
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emptywheel RT @just_security: A New UK-US Data Sharing Agreement: A Tremendous Opportunity, If Done Right | new from @jendaskal https://t.co/tAPe4xHNeh
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emptywheel @lpackard I don't pretend Miller is speaking up for principle. It's a way to win Gov for her @DanaHoule
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emptywheel @DanaHoule Miller has an incentive to make something happen. Upton might be made to. @lpackard
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emptywheel @DanaHoule Problem with that is GOP is playing for corrosion controls to start taking effect to avoid laying pipe.
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emptywheel @DanaHoule It may well help long term. But I don't see how it does short term.
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emptywheel @DanaHoule Just trying to figure out quickest most likely way to get Flint burying new pipe. Don't see how Hillary's visit helps short term
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emptywheel @DanaHoule No. I'm saying GOP might do something but are less likely bc now doing so would be a win for Dem POTUS candidate.
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emptywheel @DanaHoule Sure. & I think there's a chance Hillary visit will make it less likely Flint gets $$ to fix pipes in part bc it'd be Keynesian
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JimWhiteGNV Happy Year of the Monkeypuppybaby, everyone!
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emptywheel @DanaHoule Besides, this is not (just) Snyder's governing ideology. It is DeVos'. That's going to take more to give up.
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