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 @AdamSerwer Think of all the immunity you get by getting used to contact with such germs?
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emptywheel Obama just released Yoo memo saying bc OLC said Reagan could blow off Congress on Iran-Contra, so could Bush on WMD. https://t.co/gi4ohIKd5D
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emptywheel Bc of Iran deal wailing, reupping analysis of Yoo memo O released, arguing Congress can't limit Exec powers on FA. https://t.co/gi4ohIKd5D
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emptywheel @chinahand Oh, I totally get the logic and agree flood of refugees may be intentional. Just thot maybe OTHERS were behind it.
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emptywheel @DavidDNelson It WOULD be hypocritical if I hadn't reported a lot on drone strikes. Maybe you should not make accusations in ignorance?
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emptywheel @chinahand Was wondering that but wasn't thinking it was Turkey.
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emptywheel Given the ZD30 precedent, DOD's IG shouldn't be investigating ISIS intel politicization. https://t.co/7FoMsaK0hd
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bmaz @WerlySportsLaw @RMFifthCircuit Woof indeed. I am still sore from that.
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bmaz @sbagen Haha, you think Jim Bunning's kid is going to do that in KY? No chance.
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emptywheel The Lessons NSA Teaches When It Conflates Use of Encryption with Terrorism https://t.co/KMuNM3ZcDX It's not just Turkey.
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bmaz @WerlySportsLaw Was just telling @RMFifthCircuit my last SJ mot in D-AZ took nearly 1.5 yrs from submission. Then crappy 6 pg decision. Yuk
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bmaz @RMFifthCircuit Meh, those come at a snail's pace anyway in district court (my last SJ motion took nearly a year and half). #DecideBrady!
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