DOJ Abused Classification to Delay Dzhokhar Tsarnaev’s Presentment

As a number of outlets are reporting, Dzhokhar Tsarnaev’s lawyers have submitted a long anticipated motion to suppress the statements he made during the weekend the FBI interviewed him while he kept asking — 10 times — for a lawyer.

The motion also provides detail on something that bmaz and I found to be just as important — DOJ’s delay in presentment, basically delaying the time before he got a lawyer. It describes how the Public Defenders Office tried to inform Dzhokhar they could represent him, twice trying to give the FBI lawyers letters to do so. The FBI refused the letters each time.

More troubling still, after the Court assured the Public Defenders they would be informed and appointed as soon as Dzhokhar was charged, that didn’t happen. Instead, the court permitted DOJ to seal the complaint, thereby delaying notice to the PDs, permitting another long interrogation session.

Throughout April 20 and 21, the Federal Public Defender and other lawyers from her office contacted court officials, asking to be appointed. Court personnel informed the lawyers that they would be appointed as soon as a complaint was filed. McGinty Aff.

This turned out to be incorrect. A complaint was signed at 6:47 pm on April 21, DE 3, and filed under seal. Interrogation continued through the night and well into the morning of April 22. The government’s motion to seal, DE 1, explained that “public disclosure of these materials might jeopardize the ongoing investigation of this case.” This baffling assertion ignores the fact, well-known to anyone with access to a television, radio, newspaper, smartphone or computer, that Mr. Tsarnaev was in custody. Nothing in the application for the complaint revealed information that had not already been reported by media around the world. It thus appears that the sole reason to seal the complaint was to allow the interrogation to continue by delaying the defendant’s initial appearance before a judicial officer and the appointment of counsel.

And, as the motion notes, the FBI was well beyond asking public safety questions.

The government needs none of this testimony to convict Dzhokhar, even assuming this thing would go to trial.

Which is probably why DOJ and the Court assumed they could get away with this.

Tweet about this on Twitter0Share on Reddit0Share on Facebook0Google+0Email to someone

7 Responses to DOJ Abused Classification to Delay Dzhokhar Tsarnaev’s Presentment

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
Emptywheel Twitterverse
JimWhiteGNV @emptywheel Returning to reality sucks.
emptywheel @JimWhiteGNV Whatup, dude? Our overperforming teams flopped on the same day?
bmaz @emptywheel @MasaccioEW @laRosalind But the Pac is so stupid this year, I seriously think USC may beat the Tree in Conf Champ game.
bmaz @emptywheel @MasaccioEW @laRosalind Probably not, but hope is still alive! It ain't over till it's over.
emptywheel @bmaz Stanford's not a player, in spite of McCaffrey's best efforts. @MasaccioEW @laRosalind
JimWhiteGNV Well, that was painful.
emptywheel In 47minutes one tiny fraction of the NSA dragnet will end.
bmaz @MasaccioEW @emptywheel @laRosalind Iowa and Stanford
emptywheel @astepanovich Yup, but this is an area where raising it might make Americans care. @normative @kurtopsahl @justiceunited
emptywheel @astepanovich In any case, making that distinction is important for intl rights... @normative @kurtopsahl @justiceunited
emptywheel @astepanovich More importantly, under FISA. We know--they've told us--they collect under 12333. @normative @kurtopsahl @justiceunited
emptywheel @MasaccioEW Um. I believe the B1G gets a bid, no? @bmaz @laRosalind
May 2014
« Apr   Jun »