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 @walterwkatz @CBSAndrew Wasn't even a good prosecutor, and he just killed her.
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bmaz @walterwkatz @CBSAndrew Man, her affidavits+prep work with me were fantastic. Then I flew her in and she was a total nightmare on the stand.
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bmaz @dmataconis @CBSAndrew @AP You know, I thought impact of DNA exonerations would change landscape long ago. Little, but not nearly enough.
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bmaz @FrancisJeffrey7 @MarkSZaidEsq @Thomas_Drake1 @TimmyTokyo1 Yes, but there are plenty of great lawyers w/clearance. Including Mark by the way
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bmaz @CBSAndrew @AP Man, I have been arguing that in criminal trials for 25+ years; rarely does hit hit home. Also, NEVER put Loftus on the stand
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emptywheel @RoasterBoy Really happy to hear it and agree!
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bmaz @phillipanderson Good Record Day, got some good stuff, but not Allman's Beacon Theater wanted that was shipped for today, was gone too early
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emptywheel @RoasterBoy Believe it or not it was my recommendation (and I think it's good counterpart to Dragnet Nation)! Look forward to meeting you!
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emptywheel Just realized it's April & that's why it's still totally light at 7:40. I thought with the cold (til this week) it should be dark already
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emptywheel @KevinOfMI No one building houses the fake lake builders gotta stay in business somehow. Think of it as a pretty pothole.
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emptywheel @KevinOfMI Hey, the contractors have to make money somehow!
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JimWhiteGNV RT @PeytonsHead: LSU "O" face. "Ball Girl" is a title, not a command. http://t.co/m4hkQ43Byz
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