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
emptywheel (The reason is bc Mitch would rather play chicken to expand surveillance--has been plan all along. Guess surveillance is just power?)
8mreplyretweetfavorite
emptywheel Sounds like Mitch McConnell has conceded he has failed to meet 1st national security deadline of his Leadership. Why can't GOP keep us safe?
9mreplyretweetfavorite
bmaz This is just insane, Katherine Forrest is out of her mind. https://t.co/7tG8PKWfXm
38mreplyretweetfavorite
bmaz @CabouJ No, seriously, thank you for this work. Forfeiture cases drove me so nuts I quit doing them. Am glad for the progress.
51mreplyretweetfavorite
bmaz RT @jeremyscahill: We just published a major exposé: "Death and Neglect at the Rikers Island Women’s Jail:" http://t.co/CD5S52PDRx
54mreplyretweetfavorite
bmaz @JHWeissmann The world is our jurisdiction! But someday, another country will pull the same gambit on us. And all hell will break loose.
58mreplyretweetfavorite
emptywheel Wouldn't even take the mockery of Jesus. Just the bodies and weapons would be enough. https://t.co/oirSwoBH2T
59mreplyretweetfavorite
emptywheel RT @JerryMander: @emptywheel its not a fantasy, its satire about gender stereotypes in the 70's
1hreplyretweetfavorite
JimWhiteGNV RT @GatorZoneScott: Great catch by #Gators OF Buddy Reed earlier…great shot by @RobFoldyPhoto#Gators up 11-0, T7th http://t.co/BJfkBEyoMH
1hreplyretweetfavorite
bmaz @JHWeissmann Ort Miami where the actual soccer people are office? ¯\_(ツ)_/¯
1hreplyretweetfavorite
bmaz @JHWeissmann Here seems to be the core (including honest services) http://t.co/WRZo7xLApp
1hreplyretweetfavorite
emptywheel Man, whoever leaked rape-fantasy essay from Sanders on weekend everyone dug into Hastert's wrestling molestation news timed things badly.
1hreplyretweetfavorite
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