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Glenn Greenwald: Dzhokhar Tsarnaev's repeated requests for a lawyer were ignored

There is zero legal or ethical justification for denying a suspect in custody this fundamental right.
Glenn Greenwald
guardian.co.uk, Monday 29 April 2013 14.43 EDT

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.

Much more: http://www.guardian.co.uk/commentisfree/2013/apr/29/tsarnaev...




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Am I the only one disturbed by revelation below

the lawyer also worked on holmes, laughner and unabomber?

They Were Just...

...taking Lindsey Graham's direction, being "...when they ask for a lawyer, tell 'em 'shut up'..."

translation.......ignore,

translation.......ignore: the physical manifestation of that statement.....

and only because of the one accountability they seem to care about, public image, the lowest common denominator, i.e. those who are likely to stay quiet to the things being done unto them, in their own names no less........ranked by numbers

Tsarnaev's Legal "Team"

...recently was "joined" by a legal expert whose expertise is in obtaining a "non-death-penalty-verdict".

That's simply wonderful! Isn't it??
Meanwhile, it's become apparent that he and Tamerlin did NOT hold up the convenience store....and while engaged in a firefight with "mercenaries", were overheard yelling that they weren't the one's who "did it".

They also may NOT have been responsible for the death of the campus cop.

And so; "My future has moved outta town, that's the empty sound you hear,
The silent empty tower shouts, that the coast was never clear"
"I look out on the highway, and things are gettin' strange,
Didn't it all seem so familiar up until...EVERYTHING CHANGED!"
(*Eric Andersen)

"Beyond the blackened skyline, beyond the smoky rain, dreams never turned to ashes up until.........
...Everything CHANGED !!

Yes she worked on Unabomber, Holmes and Laughner's

case and several others and got death penalty taken off. His other court app. lawyer is also very good and also speaks Russian.

Ralph, Besides the Fact That These Lawyers

...are "Court Appointed", there is much to considering that....

Joyce Riley had a recent show on air, that begged the question:
"WHO...APPOINTS..THESE LAWYERS?"
HOW...are they SELECTED?....I smell a rat.
A great big Gov't-sponsored rat.

It's a question that needs to be asked, a scenario that could be part of the "Master Plan" to convict and sequester away this kid.

"Beyond the blackened skyline, beyond the smoky rain, dreams never turned to ashes up until.........
...Everything CHANGED !!

They are saying on the "news" they probably won't even try to

find or show or fight for innocence, just keep him out of the chair.....and probably get killed before he can even do an interview with a real reporter and tell what he knows.