Tag: Dzhokhar Tsarnaev (page 6)

Dzhokhar Tsarnaev has been moved from the hospital to BOP's medical prison at Fort Devens. Here's an interesting overview of the facility from a brochure seeking psychology interns.

The New York Times has transcribed the interview his parents gave yesterday in Makhachkala, Russia.

Authorities now say the carjacking did not happen in Cambridge, but across the river in Allston. Also, they have been searching the Crapo Hill Landfill in New Bedford, perhaps for a computer.

The law enforcement leaks are over the top. It is inexcusable that the FBI or law enforcement officials with whom they shared information are leaking details of a purported confession by Boston Marathon bombing suspect Dzhokhar Tsarnaev.

The Washington Post has more leaks. Among the unnamed sources cited: A senior law enforcement official; a U.S. counter-terrorism official; "a U.S. official who has been briefed on the interrogation and who spoke on condition of anonymity because the investigation was ongoing"; and a U.S. intelligence official. [More...]

Dzhokhar Tsarnaev was charged by federal complaint yesterday and advised of his rights today at the hospital by U.S. Magistrate Judge Marianne Bowler.

The judge ordered him removed from the custody of the FBI and into the custody of the U.S. Marshals. He was represented by Assistant Federal Defender William Fick. Also to be representing him: Attorneys Conrad and Watkins.

He has been charged with two counts (Complaint here):

• Destruction 18 U.S.C. s 844(i): Malicious Destruction of Property Resulting in Death
• 18 U.S.C. s 2332a(a): Use of a Weapon of Mass Destruction

The 10 page Affidavit with probable cause for the charges is here. From the court minutes on PACER: [More...]

Update 7:40 pm ET: CNN reports Dzhokhar Tsarnaev is awake and answering law enforcement's questions. No wonder the U.S. Attorney didn't file charges today. They didn't want a lawyer appointed who could demand to see him and advise him not to sign any waivers. The Boston Police Commissioner said today the brothers acted alone. Where's the continuing public safety threat? An internal FBI policy memo that extends the public safety exception beyond what the Supreme Court has authorized is not controlling law.

Can the Federal Defender file a "miscellaneous action" and ask to be appointed now for the limited purpose of advising him of his rights and request an order directing the FBI to allow them to meet with him before it attempts to secure any waivers?

Update 1:18 pm: It looks like the feds won't be able to use the Faisal Shahazad scenario with Dzhokhar Tsarnaev. He cannot speak at all due to being shot in the throat. Thus, it's unlikely he can be questioned at all, or that he would be able to provide a knowing and voluntary waiver of his right to timely appear before a judge and be appointed counsel after charges are filed and before presentment. Due to his injuries and inability to be questioned, reports now say charges will be filed, perhaps today, a judge will advise him at the hospital, and the public defender's representation would be effective upon advisement. [More...]

Here's a thread to discuss continuing developments in the Boston Marathon Bombing case and Dzhokhar Tsarnaev. The Federal Defender in MA today said it expects its office to be appointed to be appointed.

What I've been reading:

• Glenn Greenwald on the public safety exception to Miranda rights.
• Emily Brazelon at Slate on why we should care.
• Andrew Cohen on The Legal Way Forward
• The 2010 FBI memo on the public safety exception to Miranda rights
• Montejo v. Louisiana, 556 U.S. 778 (U.S. 2009)(overruling Mississippi v. Jackson)
• New York v. Quarles, 467 U.S. 649 (U.S. 1984)

What I'm not reading: Any of the garbage put out by Lindsay Graham. [More...]