Tag: Boston Marathon Bombing (page 6)

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...]

President Obama is speaking now.

There are unanswered questions. Why did these men resort to violence? How did they plan it? Did they receive help?

Public safety is at risk and we will investigate. We won't rush to judgment about their motivations.

It's important that we do this right.

He talks about the victims and then the people in West Texas.

Buzz word: "Public safety." He won't be given Miranda rights. They will invoke the public safety exception to Miranda. See NY v. Quarles. The High Value Detainee Interrogation Group will do the questioning. Then they will mirandize him. (There is no set limit but it is thought to be around 48 hours.) The most recent high profile case it was used in was that of underwear bomber Umar Farouk Abdulmuttalab. Opinion here.

Question: When will the Federal Defender get to see him?

Update: 8:45 pm ET: Suspect is in custody and alive. A medic has been called.

Thoughts: I'm still having flashbacks to Andrew Cunanan, suspected of killing Gianni Versace, who was surrounded on a houseboat in Miami. (So is reporter Frances Robles, who covered the incident live.) I was in NY that night providing live commentary for MSNBC. I remember when Cunanan was found dead inside the houseboat, and some idiot law enforcement official on the show said "Justice had been done." I blasted him, and told him justice is done when a suspect is arrested and brought to trial, not found dead. Kudos to law enforcement tonight for getting the suspect to surrender or at least apprehending him alive. [More...]

Update 4:30 a.m: Latest reports: There has been an official impromptu news conference. The MIT officer is dead, another officer is in surgery. It began with a robbery at a 7/11, followed by the killing of the MIT officer in his car, a carjacking of a Mercedes and a car chase to Watertown. One suspect, reportedly the one in the black hat in the FBI photo, is dead. The suspect in the white hat is at large. Police have surrounded a commercial building in Watertown. [More...]

Did the FBI do the right thing in releasing the photos of persons of interest in the Boston Marathon bombing? If the goal is an arrest, followed by a fair trial, guilty verdict and punishment, I don't think so. (I am intentionally not linking to the photos.)

If either one of the depicted individuals is arrested and tried for the Boston bombing, any eyewitness identifications as to their preparatory actions are bound to be challenged in court. By the time these witnesses will be asked to identify the suspects as having bought a pressure cooker or a backpack or certain kind of sports cap, the suspects' faces will be so well-known that monks living on the mountainside in Tibet would identify them if asked. [More...]