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.

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

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emptywheel RT @chicagotribune: Irish abroad head #HomeToVote on historic gay marriage referendum http://t.co/9TWIDSJPkX http://t.co/odmOrq9Qo3
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emptywheel RT @chrisgeidner: As @StevenTDennis noted, here's Lindsey Graham's eyeroll when Rand Paul started talked there at the end: http://t.co/gjmV
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emptywheel Beginning to think DiFi and Barb read my tweet that, if alive, Abu Bakr al-Baghdadi is laughing his ass off at Burr's 11 bullet points.
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emptywheel @StevenTDennis Nope. Plus NSA almost certainly keeps tapes against the rules (reasonable amounts of evidence to the effect).
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emptywheel @StevenTDennis They still get to keep 4.5 years of our phone records. Just can't ingest any more.
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emptywheel RT @katherinemiller: Here's video of McConnell and Rand's weird Patriot Act extension date auction http://t.co/vitCT2z2ca
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emptywheel Can Reid's people let us know when they're done rubbing this into McConnell's face and we can go to bed?
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emptywheel @NSlayton She has always gotten the name wrong. Possibly without exception. Had an entire hearing on Eric days after first leak.
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emptywheel RT @naureenshah: .@amnesty on Senate tonight: we are one step closer to a serious conversation about systemic surveillance overhaul http://…
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emptywheel @JeffLandale Ut oh. Further west in Western MA than I did? (Supposed to be in W MA for a reunion as we speak)
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