The federal judge in the Dzhokhar Tsarnaev case has denied the Government's request to include "betrayal of the U.S." as an aggravating factor in the penalty phase of his trial, calling the attempt "highly inappropriate."

Federal prosecutors have argued, in part, that Tsarnaev, now 20, deserves the death penalty because he betrayed his allegiance to the country that granted him asylum and, later, citizenship.

The defense countered with:

"(I)n not one of the 492 cases before Mr. Tsarnaev's has the government cited the fact of a defendant's American citizenship, the way he became a citizen, any aspect of his immigration history, or his enjoyment of the freedoms of an American citizen as a reason to sentence him to death,"

The Judge ruled it was "highly inappropriate" for prosecutors to draw a distinction between a "naturalized" and "natural-born" U.S. citizen.[More...]

The jury in the New York trial of Muslim cleric Mostafa Kamel Mostafa, better known as Abu Hamza al Masri, has convicted him of all 11 terror-related charges.

Abu Hamza testified for four days in his defense. The jury did not believe him. His defense says the jury placed too much emphasis on the "terror camp that wasn't" in Bly, Oregon.

James Ujaama, originally a follower of Abu Hamza, testified against him, as did another former ally turned informant, who testified via videotape from London.

Ujaama also testified a few years ago at the trial of Oussama Kassir, a Swede who was also involved in the Oregon pseudo-camp. Kassir was convicted and got a life sentence.

Hamza is also likely to get a life sentence, possibly at Supermax in Florence, unless they can't accommodate his medical condition (he has no hands and is blind in one eye.) [More...]

Jury selection began this morning in the trial of Mustafa Kamel Mustafa, aka Abu Hamza al-Masri.

The 55-year-old Mustafa also will face a life sentence if he is convicted of conspiring to support al-Qaida by trying in 1999 to set up a terrorist training camp in Bly, Ore., by arranging for others to attend an al-Qaida training camp in Afghanistan and by ensuring there was satellite phone service for hostage-takers in Yemen in 1998 who abducted two American tourists and 14 others. Four hostages were killed.

Jurors were questioned about Abu Hamza's physical appearance. He has no hands and only one eye: [More....]

Defense lawyers for Dzhokhar Tsarnaev filed a 23 page motion for discovery Friday. You can read it here.

The motion, which seeks a lot of information about Tamerlan and the family's history, is an attempt to get the Government to turn over documents that could be used as mitigation evidence in the death penalty phase to show Dzhokhar fell under the spell of his over-powering brother. The defense says it is asking for:

...any evidence tending to show that Tamerlan (Tsarnaev) supplied the motivation, planning, and ideology behind the Boston Marathon attack, and that his young brother acted under his domination and control … .”

The motion doesn't claim the FBI tried to get Tamerlan to be an informant. It says it has information from its interviews of family members that the FBI met with Tamerlan before his trip to Russia on more than one occasion and that the family said the FBI tried to get Tamerlan to be an informant. It's trying to find out if the the Government is in possession of information that supports the family's statements. [More...]

Dzhokhar Tsarnaev's defense lawyers have filed a motion (available here) renewing its request to lift the SAMs (special administrative measures) imposed by the Bureau of Prisons and to compel the Government to use a "taint team." The motion says "the defense is encountering obstacles related to FBI monitoring of family visits and BOP screening of materials that defense counsel need to review with the defendant."

When Dzhokhar Tsarnaev is visited by one of his sisters, the SAMs restrictions on him require the visit be monitored by the U.S. Marshals Service, Bureau of Prisons or FBI, so that the Government can determine if the visit is being used to pass messages soliciting or encouraging acts of violence or other crimes, or some other purpose that would violate the SAMs. The Government has recently said that an FBI agent present during a visit with one of his sisters heard Jahar make an inculpatory remark.

The original SAMs are here, and the defense argument against them is here and here. The modifications previously ordered by the Court are here.[More...]

Trial begins tomorrow for Sulaiman Abu Ghaith, a son-in-law of Osama bin Laden. The "spokesman" for Al-Qaida is charged with conspiracy to kill United States nationals, conspiracy to provide material support and resources to terrorists and providing material support and resources to terrorists.

The Government claims that prior to 9/11, he urged others to swear an oath of allegiance to Osama bin Laden and told Osama he would help him by giving speeches and appearing in al Qaeda propaganda for the purpose of recruiting additional al Qaeda personnel. It claims that Osama bin Laden sought a meeting with him on 9/11, and that after 9/11, he made speeches and videos in support of al Qaida. It also claims he had advance knowledge of Richard Reid's shoe bomb attempt and made speeches supporting it, which the Government claims, amounts to providing material support to terrorists.

Abu Ghaith, prior to his arrest, was an Iman and high school religion teacher. [More...]

The judge in the Boston Marathon bombing trial of Dzhokhar Tsarnaev has set his trial to begin November 3, 2014. The defense had asked it begin in September, 2015.

The defense says the FBI has yet to turn over 2,000 pieces of physical evidence still being analyzed.

The defense has until June to decide on whether to seek a change of venue.

The United States will seek the death penalty for Dzhokhar Tsarnaev. It filed a notice today (available on PACER) listing the statutory aggravating factors and non-statutory aggravating factors. Among the non-statutory factors:

1. Betrayal of the United States. DZHOKHAR TSARNAEV received asylum from the United States; obtained citizenship and enjoyed the freedoms of a United States citizen; and then betrayed his allegiance to the United States by killing and maiming people in the United States.

2. Encouragement of Others to Commit Acts of Violence and Terrorism. In conjunction with committing acts of violence and terrorism, DZHOKHAR TASARNAEV made statements suggesting that others would be justified in committing additional acts of violence and terrorism against the United States.

[More....]

"Jihadi Jane" aka Colleen La Rose, has been sentenced in Philadelphia to ten years in prison for her role in the planned attack on Danish newspaper cartoonist Lars Vilks.

Prosecutors depicted Ms. LaRose as a “lonely and isolated” woman who sought excitement by joining the jihadist cause. She was flattered to get an assignment to kill a foe of Islam.

The original indictment is here. Rose has already served four years, so she has about four more years to do. She cooperated with authorities to avoid a life sentence.

“The fact that out of boredom, or out of being housebound, she took to the computer and communicated with the people she communicated with, and hatched this mission, is just unbelievable,” Judge Tucker said.

Still to be sentenced in the case: Jamie Paulin Ramirez, originally from Colorado, who became a mail-order bride for alleged co-conspirator Ali Damache, an Algerian national in Ireland who pleaded guilty there during trial to sending a menacing message by telephone to an American Muslim activist. [More...]

U.S. District Judge John Koeltl has granted a motion from the Government to release attorney Lynne Stewart from prison. Months ago, Judge Koetl said he could not act unless the Government, as opposed to Stewart, made the request. This morning, the Government made the request and this afternoon, Judge Koetl granted it.

“The defendant’s terminal medical condition and very limited life expectancy constitute extraordinary and compelling reasons that warrant the requested reduction” in her prison sentence, Koeltl’s order said.

Stewart has been imprisoned since 2009 as a result of her conviction for assisting her jailed client, Omar Abdel-Rahman, communicate with his followers. Some more history on her need for early release is here.

She's been suffering from cancer since 2006.

Stewart's conviction stretched the definition of material support to a terrorist organization to new limits. While nothing can return the past four years to her, at least she will spend her final days with her family. Our best wishes go out to Lynne.

Dzhokhar Tsarnaev is challenging the restrictive prison SAMS (special administrative measures) BOP imposed on his prison communications, including those with his attorneys. The ACLU filed this Amicus Brief today.

Among the restrictions: Defense attorneys have to pre-clear any documents they want to show Jahar with the Government. The Boston Herald reports:

In an affidavit attached to the filing, one of Tsarnaev’s lawyers stated that during a prison visit he was forbidden to show Tsarnaev photographs related to preparing his defense because they contained images of family members, which he is barred from seeing.

[More....]

Dzhokhar Tsarnaev's lawyers have filed a motion to end the SAMS restrictions on Tsarnaev and his legal team.

The SAMS imposed on Tsarnaev are attached to the motion as an exhibit. Take a minute to read them. But for all the alphabet references to federal agencies, I would have thought the jail was in Russia. The motion is here.

The documents also contain some interesting Government theories about Dzhokhar, some of which are at odds with other information released by the Government (the motion discusses this aspect.)