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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bmaz RT @michaelarria: White St. Louis robbery suspect breaks cop's hand, somehow doesn't end up dead. Must be a coincidence. http://t.co/2nQ3BY
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bmaz @LegallyErin Tomorrow will be like groundhog day!
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bmaz @stephenlemons @seannobledc @HuppenthalADE Heh, they both make me shudder and fear for teh childrens
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bmaz @LemieuxLGM @rickhasen You guys see the latest in crazy on the Rick Perry thing? loathe Perry, but this is nuts http://t.co/7JPcjRBbkZ
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bmaz @theurbansherpa I completely loathe the guy, but this shit is just nuts.
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emptywheel @annwimsatt Did they really quit?
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bmaz @stephenlemons @seannobledc Douglas is batshit crazy; is she preferable to Huppenthal, even as scummy as he is?
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emptywheel @onekade Truly an asshole. I've always said that and all. But ... wow.
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bmaz @OKnox Jesus, what happened?? Get that offending infection goop out of you!
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emptywheel @onekade You'd give pre-licked candy to ... anyone else?
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bmaz Judge warns against Rick Perry grand jury threats http://t.co/7dHpZymnGx Crikey, the Perry indictment farce goes from silly to full on crazy
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emptywheel @onekade What if they lick the candy first?
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