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Showing posts with label dzhokhar tsarnaev. Show all posts
Showing posts with label dzhokhar tsarnaev. Show all posts

01 May 2013

Boston Police: Three More Individuals In Custody 1MAI13

I'm not buying these guys are innocent, they knew exactly what they were doing when they got rid of the evidence linking dzhokhar tsarnaev's involvement in the Boston Marathon bombing. I would not be surprised if they knew what the tsarnaev brothers were going to do. I am glad they have been arrested, now we have to put our faith in our criminal justice system. From NPR....

Items FBI agents say were inside a backpack recovered from a landfill in New Bedford. Investigators say the backpack was thrown in the trash by friends of Tsarnaev.
FBI
(Most recent update: 4:36 p.m. ET.)
Three 19-year-old men — two of them University of Massachusetts Dartmouth college students from Kazakhstan who were friends with Boston bombings suspect Dzhokhar Tsarnaev — were taken into custody Wednesday by authorities in Boston. The third individual, an American citizen, was also a student at the University of Massachusetts Dartmouth, where Tsarnaev was enrolled.
Law enforcement sources told NPR and other news outlets that the three are not suspected of having taken part in the April 15 bombings, which killed three people and wounded more than 250. Rather, they're accused of having given Tsarnaev help afterward by trying to dispose of damning evidence. They're also accused of having lied to the FBI. Court documents released at mid-afternoon painted a picture of young men who did not play a part in the bombings but allegedly removed a laptop and some empty fireworks (from which powder may have been removed to make bombs) from Tsarnaev's dorm room.
According to those documents, Dias Kadyrbayev and Azamat Tazhayakov of Kazakhstan, and Robel Phillipos of Cambridge, Mass., knew on April 18 that Tsarnaev was suspected in the bombings and Tazhayakov, at least, believed his friend was one of the bombers. But the next morning, after it had been widely reported that Tsarnaev was on the run and that his brother Tamerlan had died after a gun battle with police, at least two of the three young men were allegedly involved in throwing away a backpack containing the empty fireworks and laptop that they had reportedly taken from Tsarnaev's dorm room. The young men agreed to dispose of the evidence, the criminal complaint says, in order to help their friend "avoid trouble." Authorities later found the evidence in a nearby landfill.
Tsarnaev, 19, survived the gun battle with police in Watertown, Mass., on April 19 and was captured later that day after a massive manhunt. His brother Tamerlan, who died, was 26.
The news that three young men had been taken into custody came at 11:07 a.m. ET when theBoston Police Department tweeted that:
"Three additional suspects taken into custody in Marathon bombing case. Details to follow."
We've been following the story as NPR and other news outlets get additional information. Click here for a note that explains how we cover breaking news such as this.
NPR's coverage of the April 15 bombings that killed three people and wounded more than 250is collected here.
Update at 4:49 p.m. ET. Tazhayakov Was Enrolled At UMass Dartmouth:
UMass Dartmouth sends us the following update about the three suspects:
"Azamat Tazhayakov is currently enrolled, but has been suspended pending the outcome of the case.
"Dias Kadyrbayez is not currently enrolled.
"Robel Phillipos is not currently enrolled."
Update at 4:36 p.m. ET. Client Had No Idea Materials Were Evidence:
Robert Stahl, Kadyrbayev's lawyer, said his client had no idea the backpack they were throwing out contained evidence in the Boston bombing case.
His client, said Stahl, was "shocked and horrified" by the bombing.
"Dias Kadyrbayev absolutely denies the charges," Stahl said during a televised news conference.
Harlan Protass, who is representing Tazhayakov, said his client "feels horrible that someone he knows" is suspected in the bombing. He said Tazhayakov is cooperating fully with authorities.
Update at 4:05 p.m. ET. Phillipos Also Waives Hearing:
WBZ TV's Karen Anderson reports that an attorney for Phillipos also waived his right to a detention hearing. Phillipos, she tweets, was "taken out of court by Marshals in handcuffs and leg shackles."
Phillipos' mother, Anderson reports, was "shaking and crying in court."
The next hearing for Phillipos is on May 6 at 2 p.m. The next hearing for Kadyrbayev and Tazhayakov is on May 14 at 11 a.m.
Update at 3:53 p.m. ET. Kadyrbayev, Tazhayakov Waive Bail:
Karen Anderson of WBZ TV reports on Twiter that Kadyrbayev and Tazhayakov have waived a request for bail and agreed to "voluntary detention without prejudice." They declined to answer questions.
"Two suspects in US Marshal Custody. Leg shackles and handcuffs. Did not appear to be any family in court."
The Boston Globe reports that Kadyrbayev and Tazhayakov face a maximum penalty of 5 years and a $250,000 fine. Phillipos, who is making a court appearance now, is facing 8 years and a $250,000 fine.
Update at 3:14 p.m. ET. Kadyrbayev Texted With Tsarnaev:
In the criminal complaint, FBI Special Agent Scott P. Cieplik writes that Kadyrbayev told investigators that shortly after the FBI released photographs of the bombing suspects, Philopos called him, instructing him "to put the news on when he got home because one of the suspects in the marathon bombings looked familiar."
According to the complaint, Kadyrbayev got home and texted Tsarnaev, telling him he looked like the bombing suspect.
"Tsarnaev's return texts contained 'lol' and other things Kadyrbayev interpreted as jokes such as 'you better not text me' and 'come to my room and take whaever you want,'" the complaint reads.
Those texts were sent April 18 at around 8:43 p.m. ET.
Update at 2:25 p.m. ET. Criminal Complaints Released, Individuals Identified.
In documents just released, the Department of Justice states:
"Dias Kadyrbayev, 19, and Azamat Tazhayakov, 19, both of New Bedford [Mass.] were charged in a criminal complaint with conspiracy to obstruct justice by conspiring to destroy, conceal and cover up tangible objects belonging to suspected Marathon bomber, Dzhokhar Tsarnaev, namely a laptop computer and backpack containing fireworks. A third man, Robel Phillipos, 19, of Cambridge [Mass.], was charged with willfully making materially false statements to federal law enforcement officials during a terrorism investigation. According to the affidavit accompanying the complaint, Kadyrbayev and Tazhayakov are both nationals of Kazakhstan who entered the United States on student visas. Kadyrbayev and Tazhayakov face a maximum sentence of five years in prison and $250,000 fine. Phillipos faces a maximum sentence of eight years in prison and a $250,000 fine."
We're posting copies of the criminal complaints here and here, and in pop-up boxes below.
Update at 1:45 p.m. ET. Two Identified.
A lawyer for two of the individuals has given an on-the-record confirmation to the Boston Globeof information that law enforcement sources told NPR and other news outlets earlier.
Harlan J. Protass, a criminal lawyer from New York, told the Globe: "I can confirm" that Kazak students that Azamat Tazhayakov and Dias Kadyrbayev "were two of the three individuals that the Boston police tweeted about. ... They are going to be charged criminally."
Update at 1:10 p.m. ET. Fireworks And A Laptop?
Dzhokhar Tsarnaev may have asked at least two of the individuals to dispose of fireworks and a laptop that were in his dorm room at the University of Massachusetts Dartmouth, CNN's Jake Tapper says he's been told by law enforcement officials. Tapper adds that his source says the request apparently came after photos of Tsarnaev and his brother, Tamerlan, were released by authorities but before the brothers' names were released and it became known that they were the main suspects in the bombings.
Update at 12:40 p.m. ET. Allegedly Lied To FBI And Disposed Of Some Evidence:
A law enforcement source familiar with the investigation tells NPR's Dina Temple-Raston that two of the individuals, both said to be students from Kazakhstan, are suspected of failing to tell the truth to the FBI about whether they saw alleged bomber Dzhokhar Tsarnaev after the April 15 attack. They're also suspected of throwing out some sort of evidence that may have once been in the University of Massachusetts Dartmouth dormitory where Tsarnaev had lived.
Those allegations could lead to charges such as obstruction of justice.
It isn't yet known why the third person has been taken into custody.
Update at 11:47 a.m. ET. Suspects Are Said To Be Two Students And A Third Person; None Are Tamerlan Tsarnaev's Wife.
NPR's Dina Temple-Raston reports that law enforcement sources familiar with the situation say an indictment is expected to be unsealed later today that implicates three more individuals. Two of them, she's told, are students from Kazakhstan who were arrested over a week ago on immigration charges. They are going to be charged with obstruction of justice. Sources say they believe the two young men, who were students with Dzhokhar Tsarnaev at the University of Massashusetts' Dartmouth campus, may have helped him in some way after the attacks. The third person is an American citizen, Dina is being told, and is not Katherine Russell, Tamerlan Tsarnaev's wife.
The Boston Globe says the third person is also a student. That has not been independently confirmed by NPR.
Dzhokhar Tsarnaev, 19, is in custody at a federal prison medical facility. His 26-year-old brother Tamerlan, the other main suspect in the bombings and crimes that followed, died from injuries he received during a gun battle with police on April 19.
Update at 11:42 a.m. ET. "No Threat To The Public."
Boston Police add this message in a new tweet: "Please be advised there is no threat to the public."
Note: As happens when stories such as this are developing, there will likely be reports that turn out to be mistaken. We will focus on news being reported by NPR, other news outlets with expertise, and statements from authorities who are in a position to know what's going on. And if some of that information turns out to be wrong, we'll update.

26 April 2013

Sorry, Lindsey Graham, Dzhokhar Tsarnaev Is No "Enemy Combatant" 22APR13

OUR civil liberties must  not be sacrificed in the name of national security. Our system of justice was created to provide just that, justice, and is not served by those who would take away our rights and freedoms in the name of national security. We would do well to remember the words of Benjamin Franklin....
dzhokhar tsarnaev is an American, albeit an evil American, he is still a citizen, and entitled to the civil liberties and rights of all Americans. That is what makes us better than most of the rest of the world, and we should not allow his heinous crimes to be used to take these rights and liberties from the rest of us. Thank you Federal Judge Marianne Bowler for having the moral courage to do follow the law! From Mother Jones and Crooks&Liars.....

| Mon Apr. 22, 2013 8:40 AM PDT
Boston bombing suspects Dzhokhar and Tamerlan Tsarnaev in an image taken at the Boston Marathon. 
Update: White House press secretary Jay Carney said Monday afternoon that Dzhokhar Tsarnaev would not be held as an "enemy combatant." President Barack Obama has previously stated that he "will not authorize the indefinite military detention without trial of American citizens." The US Attorney's Office-District of Massachusetts confirms that "Dzhokar Tsarnaev [is] charged with conspiring to use weapon of mass destruction against persons and property in [the] U.S. resulting in death[.]"
Before Dzhokhar Tsarnaev, the surviving suspect in the attack on the Boston Marathon, was even captured, Sen. Lindsey Graham (R-S.C.) wanted the the 19-year-old be held in indefinite military detention as an "enemy combatant."
"If captured, I hope [the Obama] Administration will at least consider holding the Boston suspect as enemy combatant for intelligence gathering purposes," Graham tweeted last Friday.In an interview with the New York Times' Charlie Savage over the weekend, Graham, who is up for reelection in 2014, elaborated on his reasoning:
You can't hold every person who commits a terrorist attack as an enemy combatant, I agree with that. But you have a right, with his radical Islamist ties and the fact that Chechens are all over the world fighting with Al Qaeda—I think you have a reasonable belief to go down that road, and it would be a big mistake not to go down that road. If we didn't hold him for intelligence-gathering purposes, that would be unconscionable."
Graham is wrong. The government cannot hold Dzhokhar Tsarnaev as an enemy combatant. Under current law, the fact that Tsarnaev shares an ethnicity and religion with other extremists is insufficient grounds to detain him militarily. The 2012 National Defense Authorization Act, which Graham vocally supported, defines as eligible for military detention "a person who was a part of or substantially supported Al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners." There's no evidence yet that the suspects in the Boston bombing acted with the support of or at the behest of Al Qaeda, the Taliban, or associated forces. Unless that evidence emerges, it wouldn't be legal to hold Tsarnaev as an enemy combatant, even if he and his brother were motivated by extremist religious beliefs. 
"It's actually not a close question," says Ben Wittes, a scholar with the Brookings Institution and writer at the national security blog Lawfare who supports military detention under some circumstances. "'Substantially support' is a reference to providing some material aid to the forces of the enemy…It means giving active aid to the enemy forces, it doesn't mean taking independent action that happens to be congenial for them."
Even if evidence emerges that the suspects in the Boston bombing acted with the support of or at the behest of a foreign group, the Supreme Court has not settled whether the military can detain people who are apprehended in the United States. Both the Bush and Obama administrations dodged potential Supreme Court cases that would have decided that question, precisely because the odds are good that holding someone suspect of a crime who is arrested on American soil in military detention is unconstitutional. Having the military detain someone captured on US soil could also jeopardize prosecution: In the three cases where Americans or legal residents have been held in military detention, those suspects got lighter sentences than they probably would have otherwise, Wittes says.
Graham has said he wants Tsarnaev held in military detention so the suspect won't "lawyer up." In other words, Graham would like to deprive Tsarnaev of his constitutional rights before he's even been charged with a crime, let alone convicted of one. 
"We live in a system where there's a Sixth Amendment," says Wittes. "There's a reason why we have that right, and I can't do anything about it and I don't want to."

Reporter
Adam Serwer is a reporter at the Washington, DC, bureau of Mother Jones. For more of his stories, click here. You can also follow him on Twitter. Email tips and insights to aserwer [at] motherjones [dot] com. RSS |