Report: Dzhokhar Tsarnaevís Repeated Requests for a Lawyer Were Ignored
2013-05-03 0:00

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 wasnít 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 FBIís 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 FBIís 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 magistrateís 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 DOJís 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 Ė 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. Thatís 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 Timesí Editorial Page Editor, Andrew Rosenthal - writing under the headline "Liberty and Justice for Non-Muslims" - explained: "itís rarely acknowledged that the [9/11] attacks have also led to whatís essentially a separate justice system for Muslims." Even if youíre someone who has decided that you donít 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 Tsarnaevís right to counsel is denied, then youíre 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:

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 - Norwayís Massacre, Breivik & Deep Events

Kent Daniel Bentkowski - Anatomy Of A False-Flag Terror Attack

Related Articles

Latest News from our Front Page

The Pilgrims Were Definitely Not Like Modern-Day Refugees
2015-11-27 20:01
This upcoming Thanksgiving Day is sure to offer you and your family plenty of opportunities to argue over whether America should be welcoming Syrian refugees. If you have any liberal relatives or friends coming over for your Thursday feast, they‚Äôre going to relish the chance to tell everyone that the Pilgrims were refugees too ‚ÄĒ and hope that statement decimates all ...
ISIS to France: "We will be coming. Victory has been promised to us by Allah"
2015-11-26 3:33
Homegrown French ISIS fighters have issued a chilling threat of new attacks on France just 24 hours after the terrorist group used movie footage of the Eiffel Tower's collapse in another video.  A balaclava-clad militant is seen warning 'we will be coming, we will come to crush your country' in footage posted on Twitter earlier today. It is unclear where the film ...
ISIS teenage 'poster girl' Samra Kesinovic 'beaten to death' as she tried to flee the group
2015-11-26 1:07
She appeared in social media images for the group carrying a Kalashnikov and surrounded by armed men A teenage girl who ran away from her Vienna home to join Isis in Syria has reportedly been beaten to death by the group after trying to escape. Samra Kesinovic, 17, travelled to Syria last year with her friend Sabina Selimovic, 15. The two became a ...
The Right Stuff's flagship podcast "The Daily Shoah" has been censored by Soundcloud
2015-11-25 22:56
Editor's note: The PC corporate moral police strike again. Just as Radio 3Fourteen & Red Ice Radio were censored from iTunes, The Daily Shoah was pulled from Soundcloud today. As per usual, there is a double standard, they allow any kind of anti-White material: No counter culture humor making fun of the genocidal mainstream garbage is allowed! ... From: Soundcloud took it upon ...
Merkel Welcomes A Million More: Vows To Stand By Refugee Policy Despite Security Fears
2015-11-25 21:05
Chancellor Angela Merkel vowed on Wednesday to stick to her open-door refugee policy, defying criticism at home and abroad which has intensified due to growing fears about a potential security risk after the Islamist attacks in Paris. Conservative Merkel faces splits in her right-left coalition and pressure from EU states, including France, over her insistence that Germany can cope with up ...
More News »