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 RT @NSA_PAO: Adm Rogers at #ISSAConf: "We've got to create a public and private partnership" to effectively address cyber threats. #cyberse
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bmaz @ScottGreenfield You need to ask?
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bmaz So, hell of a job Klain.
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bmaz So Klain takes over as Ebola Czar on about exactly the day all known US ebola patients being cleared and all potential exposures timing out.
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emptywheel Last state based off audit of 34/120 facilities in 1st year: remaining 9 must have been in 4-mo correction window.
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emptywheel DOJ IG reports on how well BOP meeting new rape prevention standards. http://t.co/QvDURmf3L1 Some prisons now meet, 3/25 do not.
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JimWhiteGNV Rory is so proud of her prize. The squirrel did eventually come down from the tree last night. http://t.co/mtZ4KdYpjB
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emptywheel @RupertStone83 Pretty sure THAT had to do w/how much they were getting from him. How well they were exploiting him.
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emptywheel @RupertStone83 I suspect HIG has greatest incentive to hide details of interrogations where they got most exploitation.
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emptywheel @TimothyS Surprised they just haven't renamed. I hear Blackwater is available.
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emptywheel Wondering whether Mike Rogers' public claims will be any less batshit after he no longer gets Gang of 4 briefings. http://t.co/qi2wDXQjpF
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emptywheel @RupertStone83 Details of Arbabsiar's are not. Tsarnaev we have timing of his interrogations. Warsame class, but think some journos know.
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