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
emptywheel I thought the Republicans (well, except Giuliani. Oh, and Newt. Oh, and well, nevermind) were into monogamy? http://t.co/QINzTNchYb
25mreplyretweetfavorite
emptywheel @JimWhiteGNV They got all the way to FL?
26mreplyretweetfavorite
emptywheel @bw31018 Because I'll never forget the time he joked w/ Treas Sec Lew that unlike his relative he won't kill him.
27mreplyretweetfavorite
JimWhiteGNV You thought I was kidding about the #llamas and the kebab shop, didn't you? White llama or black llama? http://t.co/BK4qvEN3mv
29mreplyretweetfavorite
emptywheel Clapper suggests we've got all the intel on drug trafficking we need. #MexicoWeCanHearYouNow
30mreplyretweetfavorite
bmaz Mona Lisa Belichick is coaching up the llamas.
32mreplyretweetfavorite
emptywheel King: Going back to Dr. Strangelove, if you do have a deterrent but don't tell people about it, it doesn't do any good.
36mreplyretweetfavorite
emptywheel Angus King in all seriousness suggesting we need offensive cyber capacity as deterrent. Clapper has to tell SSCI member we do have offense.
37mreplyretweetfavorite
emptywheel When Clapper had to explain what a Client State is to the SASC.
45mreplyretweetfavorite
emptywheel @sarahjeong It's the Fifth Anniversary where gifts start to stand in for the pure excitement of the day.
46mreplyretweetfavorite
emptywheel Does FARC exist anymore except as excuse for DEA to catch arms dealers in stings? http://t.co/AHBvwqkWRr And don't these guys read the news?
51mreplyretweetfavorite
May 2014
S M T W T F S
« Apr   Jun »
 123
45678910
11121314151617
18192021222324
25262728293031