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 Twitterverse
JimWhiteGNV RT @texasinafrica: This whole situation is so infuriating. Politics trump public health, fear wins out over science & reason.
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bmaz So, today @ESPN has had on air Frank Caliendo and Jon Gruden. Two of the worst people in human history at their jobs. Why is that so @ESPN?
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bmaz The Decline and Fall of the Bo Merlot Empire https://t.co/cJVxsDV434 … A major college football program that is toast, pasta its prime
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bmaz So @emptywheel says Pack gonna eat it in NOLA. I say RELAX...Aaron Rodgers has this. So, what sayeth professional sports reporter @erinscafe
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bmaz Uh Texas Dead Raider people, TCU has scored 82 POINTS on you. In a football game. Maybe you should send people on the field for defense?
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JimWhiteGNV Awesome! We got a table in the van tonight @satchelspizza http://t.co/9uYlcVKkL9
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JimWhiteGNV Hanging out in the gift shop @satchelspizza waiting for a table. Is it time for some enlightenment on a spring? http://t.co/m7wSZoVA0W
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emptywheel @B_D_Silver Stickum failure ends it.
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JimWhiteGNV Dak Prescott is a beast.
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JimWhiteGNV RT @DokteCoffee: To clarify.Ebola: No symptoms, no risk. Few symptoms, only a little risk. Very sick, oh-so-infectious. Risk, then, is to h…
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JimWhiteGNV RT @texasinafrica: Appalling behavior by New Jersey officials. Way to disincentivize health workers traveling to fight Ebola. http://t.co/c
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JimWhiteGNV @cherylrofer Yeah, but that's where the bad quarantines are, too.
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