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.

Tweet about this on Twitter0Share on Reddit0Share on Facebook0Google+2Email to someone

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

  • 1
  • 2
  • 3
  • 4
  • 5
Emptywheel Twitterverse
JimWhiteGNV We tortured some folks. So? #2014in5words
8mreplyretweetfavorite
emptywheel @billmon1 No, really, the punch line is Evan Bayh. He's actually QUOTED in the torture report ... being a fucking moron.
17mreplyretweetfavorite
emptywheel RT @AlecMacGillis: When a player gets multiple concussions, knows what it means, but can't quit. Great @KVanValkenburg on Wes Welker: http:…
20mreplyretweetfavorite
emptywheel BREAKINGNOTBREAKING Evan Bayh is a chump. http://t.co/intM2rUXoC
27mreplyretweetfavorite
JimWhiteGNV Shocking! Oh, wait... RT @nytimesworld: Panel to Advise Against Penalty for C.I.A.’s Computer Search http://t.co/MqXeS8DWwV
29mreplyretweetfavorite
emptywheel @empiricalerror LOL. Wung it.
29mreplyretweetfavorite
JimWhiteGNV Tebow keeping it classy. In WalMart ads now. Sheesh.
37mreplyretweetfavorite
JimWhiteGNV Hmm. William Broad asks why silicon content of anthrax attacks not investigated better. http://t.co/kVd8i55k0V See https://t.co/29vuNgukNV
49mreplyretweetfavorite
emptywheel @GregoryMcNeal My bacon comes from a farm too small for a drone to find. #ObscurityInBacon
52mreplyretweetfavorite
JimWhiteGNV RT @emptywheel: When certain Tweeps or certain Gray Science Journos write about a topic it tends to raise suspicion, not allay it.
52mreplyretweetfavorite
emptywheel @GregoryMcNeal Give it 6 months and SJC Chair and CAFO fan will ban that.
56mreplyretweetfavorite
emptywheel @ErrataRob That was a long time ago, though, and a different President, so we don't have to worry about a rush to judgment.
57mreplyretweetfavorite
October 2013
S M T W T F S
« Sep   Nov »
 12345
6789101112
13141516171819
20212223242526
2728293031