Report: Dzhokhar Tsarnaev’s Repeated Requests for a Lawyer Were Ignored
2013 05 03
By Glenn Greenwald | Information Clearing House
There is zero legal or ethical justification for denying a suspect in custody this fundamental right
The initial debate over the treatment of Dzhokhar Tsarnaev focused on whether he should be advised of his Miranda rights or whether the "public safety exception" justified delaying it. In the wake of news reports that he had been Mirandized and would be charged in a federal court, I credited the Obama DOJ for handling the case reasonably well thus far. As it turns out, though, Tsarnaev wasn’t Mirandized because the DOJ decided he should be. Instead, that happened only because a federal magistrate, on her own, scheduled a hospital-room hearing, interrupted the FBI’s interrogation which had been proceeding at that point for a full 16 hours, and advised him of his right to remain silent and appointed him a lawyer. Since then, Tsarnaev ceased answering the FBI’s questions.
But that controversy was merely about whether he would be advised of his Miranda rights. Now, the Los Angeles Times, almost in passing, reports something which, if true, would be a much more serious violation of core rights than delaying Miranda warnings - namely, that prior to the magistrate’s visit to his hospital room, Tsarnaev had repeatedly asked for a lawyer, but the FBI simply ignored those requests, instead allowing the interagency High Value Detainee Interrogation Group to continue to interrogate him alone:
"Tsarnaev has not answered any questions since he was given a lawyer and told he has the right to remain silent by Magistrate Judge Marianne B. Bowler on Monday, officials said.
"Until that point, Tsarnaev had been responding to the interagency High Value Detainee Interrogation Group, including admitting his role in the bombing, authorities said. A senior congressional aide said Tsarnaev had asked several times for a lawyer, but that request was ignored since he was being questioned under the public safety exemption to the Miranda rule."
Delaying Miranda warnings under the "public safety exception" - including under the Obama DOJ’s radically expanded version of it - is one thing. But denying him the right to a lawyer after he repeatedly requests one is another thing entirely: as fundamental a violation of crucial guaranteed rights as can be imagined. As the lawyer bmaz comprehensively details in this excellent post, it is virtually unheard of for the "public safety" exception to be used to deny someone their right to a lawyer as opposed to delaying a Miranda warning (the only cases where this has been accepted were when "the intrusion into the constitutional right to counsel ... was so fleeting – in both it was no more than a question or two about a weapon on the premises of a search while the search warrant was actively being executed"). To ignore the repeated requests of someone in police custody for a lawyer, for hours and hours, is just inexcusable and legally baseless.
As law school dean Erwin Chemerinsky explained in the Los Angeles Times last week, the Obama DOJ was already abusing the "public safety" exception by using it to delay Miranda warnings for hours, long after virtually every public official expressly said that there were no more threats to the public safety. As he put it: "this exception does not apply here because there was no emergency threat facing law enforcement." Indeed, as I documented when this issue first arose, the Obama DOJ already unilaterally expanded this exception far beyond what the Supreme Court previously recognized by simply decreeing (in secret) that terrorism cases justify much greater delays in Mirandizing a suspect for reasons well beyond asking about public safety.
But that debate was merely about whether Tsarnaev would be advised of his rights. This is much more serious: if the LA Times report is true, then it means that the DOJ did not merely fail to advise him of his right to a lawyer but actively blocked him from exercising that right. This is a US citizen arrested for an alleged crime on US soil: there is no justification whatsoever for denying him his repeatedly exercised right to counsel. And there are ample and obvious dangers in letting the government do this. That’s why Marcy Wheeler was arguing from the start that whether Tsarnaev would be promptly presented to a federal court - as both the Constitution and federal law requires - is more important than whether he is quickly Mirandized. Even worse, if the LA Times report is accurate, it means that the Miranda delay as well as the denial of his right to a lawyer would have continued even longer had the federal magistrate not basically barged into the interrogation to advise him of his rights.
In March of last year, the New York Times’ Editorial Page Editor, Andrew Rosenthal - writing under the headline "Liberty and Justice for Non-Muslims" - explained: "it’s rarely acknowledged that the [9/11] attacks have also led to what’s essentially a separate justice system for Muslims." Even if you’re someone who has decided that you don’t really care about (or will actively support) rights abridgments as long as they are applied to groups or individuals who you think deserve it, these violations always expand beyond their original application. If you cheer when Dzhokhar Tsarnaev’s right to counsel is denied, then you’re enabling the institutionalization of that violation, and thus ensuring that you have no basis or ability to object when that right is denied to others whom you find more sympathetic (including yourself).
Read the full article at: informationclearinghouse.info
Tune into Red Ice Radio:
Patrick Henningsen - Hour 1 - Boston Bombings & Third Way Control Mechanism
Dan Johnson - Hour 1 - People Against the National Defense Authorization Act
John B. Wells - Hour 1 - The Police State
Holland Vandennieuwenhof & James Lane - Hour 1 - A Noble Lie: Oklahoma City 1995
Peter Dale Scott - Hour 1 - Norway’s Massacre, Breivik & Deep Events
Kent Daniel Bentkowski - Anatomy Of A False-Flag Terror Attack
Latest News from our Front Page
Sweden Recognizes Palestinian State; Israel Upset
2014 10 31
Sweden on Thursday became the biggest Western European country to recognize a Palestinian state, prompting a strong protest from Israel, which swiftly withdrew its ambassador from Stockholm.
The move by Sweden’s new left-leaning government reflects growing international impatience with Israel’s nearly half-century control of the West Bank, east Jerusalem and its blockade of the Gaza Strip. It also comes during increased ...
Fed-Backed Study: How to Brainwash Public into Fearing “Climate Change” Like Ebola
2014 10 31
$84K study seeks ways to make public fear "climate change and overpopulation"
The National Science Foundation is funding a study to determine how to brainwash the public into fearing “climate change and overpopulation” as if they were Ebola.
The NSF awarded an $84,000 grant to researchers at the State University of New York at Buffalo yesterday to figure out how to make ...
Brain decoder can eavesdrop on your inner voice
2014 10 31
As you read this, your neurons are firing – that brain activity can now be decoded to reveal the silent words in your head
TALKING to yourself used to be a strictly private pastime. That’s no longer the case – researchers have eavesdropped on our internal monologue for the first time. The achievement is a step towards helping people who cannot ...
6 Million Lies
2014 10 30
“If you do not specify and confront real issues, what you say will surely obscure them. If you do not alarm anyone morally, you yourself remain morally asleep. If you do not embody controversy, what you say will be an acceptance of the drift of the coming hell.” C Wright Mills.
I need to share information I have discovered ...
Google’s New Computer With Human-Like Learning Abilities Will Program Itself
2014 10 30
In college, it wasn’t rare to hear a verbal battle regarding artificial intelligence erupt between my friends studying neuroscience and my friends studying computer science.
One rather outrageous fellow would mention the possibility of a computer takeover, and off they went. The neuroscience-savvy would awe at the potential of such hybrid technology as the CS majors argued we have nothing to ...
|More News » |