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 @zefirotorna If there are bigger pieces of human scum at this time on earth than McCulloch and @GovJayNixon it's hard to fathom who they are
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bmaz RT @zefirotorna: @bmaz Agree on @GovJayNixon. And he said no a special prosecutor about 6 hours ago. He and McCulloch are on this together.
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bmaz @KellyCDenver @larosalind this is actually Honergirl. Look them up on google. Just killer.
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bmaz Well @laRosalind I'm here with my Gin Blossom friends http://t.co/Eqc74Mk0DG
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emptywheel @FalguniSheth It's actually a family thing. My grandmother (or great grandmother) gets credit. @bmaz
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bmaz @ScottGreenfield That is Dara Lind, @DLind She is very cool and does excellent work. She is not your average Voxer.
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bmaz RT @emptywheel: Ya'll know the best way to make yummy turkey is to slather it all with bacon, right? http://t.co/nqlLQ4ABlh
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bmaz @nickmartin Cool. Let me know and we will get lunch again or something. Happy holidays!
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bmaz @nickmartin You back for Christmas this year?
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bmaz Would have been better if Obama had spared the life of Abdulrahman Awlaki instead of turkeys Mac and Cheese, but bygones I guess.
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bmaz @ggreenwald @benwizner I really wanted to be ED BALLS, but will settle for First Sea Lord.
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