Tsarnaev Banned from Group Prayers Under SAMs

TMO 

On October 2, 2013, Boston marathon bombing suspect Dzhokhar Tsarnaev’s defense team submitted a request that the Special Administrative Measures (SAMs) be removed from their client. These measures severely restrict his communication. His lawyers, William Fick, Miriam Conrad and Judy Clarke, argue in court papers that the measures create “obstacles” that have a “dramatic chilling effect on the defense team’s ability to prepare a thorough and vigorous defense.”

“His lawyers also said Tsarnaev has done nothing during his incarceration to warrant such restrictions or to suggest he is dangerous, nor is there evidence the attack was “directed by others still at large or that Mr. Tsarnaev ever had operational authority to direct the activities of others” to whom he may want to communicate,” reports CNN.

The SAMs were put into place on August 27, at the request of notoriously dirty player US prosecutor Carmen Oritz four months after he was put in prison awaiting trial. Under the SAMs, Tsarnaev is detained in a single cell and may not communicate with other inmates. He may not engage in group prayer with other inmates, and his access to newspapers and other publications is restricted.

The reason stated by US prosecutors for these additional restrictions is that the 20 year old, who was featured on the cover of Rolling Stone magazine, received over 1000 letters of support while in prison. The government alleges that Tsarnaev committed the bombing because he wanted to engage in jihad, and therefore any communication with the outside world could result in him encouraging others to commit acts of violence.

Defense lawyers say the SAMs limit Tsarnaev’s interactions with individuals assisting defense counsel and restrict the communications and other activities of the defense team. Under these new restrictions, he was not allowed to look at photos of his family that his lawyer had brought him. Defense counsel first learned of the SAMs on Friday, August 30, 2013, after members of the defense team were denied entrance to FMC Devens for a previously-scheduled and approved visit with Tsarnaev.

Tsarnaev’s defense argues that SAMs are unlawful and unwarranted. “The government has provided scant factual support for its conclusory assertion that SAMs are required now, more than four months into Mr. Tsarnaev’s already highly restrictive pretrial confinement, in order to protect others from ‘death or serious bodily injury.’ The government has not alleged that Mr. Tsarnaev has done or said anything since his arrest to commit violence, incite violence, or engage in communications that pose a security threat. Moreover, the SAMs violate the First, Fifth, and Sixth Amendments to the United States Constitution. The Court therefore should declare that the SAMs are unlawful and order that they be vacated.”

The Attorney General may issue an order for SAMs based upon a finding of “reasonable suspicion” that an “inmate may use communications with attorneys or their agents to further or facilitate acts of terrorism.” Holder okayed the restrictions based on “Tsarnaev’s participation in planning and executing the Boston Marathon bombings; his ensuing acts of violence and flight to avoid apprehension; his extensive obstruction of justice; and his explicit and continuing desire to incite others to engage in violent jihad.”

It is indeed worrying that the Attorney General is assuming guilt before trial, as well as claiming to know the intentions of the suspect, which have not been stated in any public forum. There is really no evidence that the suspect had any jihad-focused mindset prior to the bombing. This claim is based on unsubstantiated and unrecorded statements made by the FBI based on hospital bed interrogations without any lawyer present. Prosecutors claim that “Tsarnaev has openly said he was inspired by al Qaeda, and he hopes his actions inspired others.”

Defense lawyers said that Tsarnaev had not responded to any of the mail that he received and should not be punished for receiving mail he had no control over.

“The government also fails to mention that none of this unsolicited mail could be characterized as ‘jihadist’ in nature. Rather, it consisted almost entirely of letters and cards from individuals who believe he is innocent and people urging him to repent and convert to Christianity.”

Tsarnaev’s defense lawyers argued that there is no evidence their client has inspired violence or that he would try to inspire further violence. They said the restrictions unduly put him in near isolation, affecting his mental health, and interfere with their ability to properly prepare a legal defense, reports Milton Valencia in the Boston Globe.

Under US Department of Justice guidelines, US Attorney General Eric Holder will ultimately decide whether to seek the death penalty against Tsarnaev. Prosecutors had planned to make a recommendation to Holder by Oct. 31, and they gave Tsarnaev’s lawyers until Oct. 24 to make a presentation on “mitigating factors,” arguments why Tsarnaev should not be subject to the death penalty. Last month, Tsarnaev’s lawyers asked O’Toole to postpone the deadline. They also filed a separate request asking the judge to order prosecutors to turn over the information.

US District Court Judge George O’Toole complied with the US attorney request by rejecting Tsarnaev’s lawyers’ request to postpone deadlines set by prosecutors, saying that he has no authority to grant such a request. So basically, the death penalty is being argued even before the prosecution has turned in its evidence.

On October 16, Senator Chuck Grassley called for detailed answers to questions regarding FBI involvement in the Boston case. It appears the FBI had been operating without consulting with local police, and that the murder of MIT police officer Sean Collier took place while the campus was swarming with FBI agents.

Blogger B. Blake comments: “With the Collier murder charge against Dzhokhar Tsarnaev appearing weaker by the day, point blank refusals to comment are becoming increasingly frowned upon. The evidence purporting to demonstrate Tsarnaev’s complicity in the crime is extremely flawed with many now asking why he was ever charged with the crime in the first place.”

Dzhokhar Tsarnaev Faces Accusers

Family members of Tamerlan and Dzhokhar Tsarnaev leave the federal courthouse following the arraignment of accused Boston Marathon bomber Dzhokhar Tsarnaev in Boston, Massachusetts July 10, 2013. Dzhokhar Tsarnaev pleaded not guilty to committing the worst mass-casualty attack on U.S. soil since 9/11, a crime that could bring the death penalty. REUTERS/Brian Snyder

There was “pin-drop silence” in the courtroom as the surviving Boston marathon bombing suspect Dzhokhar Tsarnaev took the stand during his first pre-trial hearing on July 10, 2013. A crying baby held by Tsarnaev’s sister pierced the silence. Watching the trial were about 30 people representing the victims’ families, as well as a row of family members and supporters of the defendant. The grand jury indictment by the FBI in coordination with federal and local authorities charged Tsarnaev with 30 counts of federal crimes including using a weapon of mass destruction and killing a police officer.

Represented by Federal attorneys Miriam Conrad and William Fick with input from Attorney Judy Clarke and Prof. David Clarke, Dzhokhar pled “Not Guilty” to all charges. Reporter Pam Gelly describes: 

“Assistant US Attorney William Weinreb… continues reading through groups of charges: possession and use of a firearm during and in relation to a crime of violence resulting in death; carjacking resulting in serious bodily injury; bombing of a place of public use resulting in death.

“Not Guilty,” Tsarnaev says again. More charges are read.

“Not Guilty,” he says and rubs his mouth.

“Not Guilty,” clenching his hands together.

“Not Guilty.” He says it seven times.

The judge explains that the United States will bring 80 to 100 witnesses to the trial. It will take 3 to 4 months, starting on September 23 at 10 am.”

The hearing was presided over by Judge Marianne Bowler.  Time will tell if Tsarnaev will settle for a plea bargain or if he will fight for his innocence in court. If the case goes to trial, Judge George O’Toole, who convicted Tarek Mehanna to 17.5 years for “material support for terrorism” on account of internet speech, will be presiding. Attorney General Eric Holder will decide whether Dzhokhar will get the death penalty, if convicted.

According to witnesses, Tsarnaev, who wore an orange jumpsuit, kept turning around to look at his family and friends in a row behind him. At one point he waved at his sisters, whereupon one of them burst into tears. He appeared to be heavily medicated and not entirely aware of the seriousness of the proceedings. Friends say he was not acting like himself. According to his wrestling teammates Tsarnaev, who went to high school in the US and was thoroughly Americanized, spoke in court with an uncharacteristically heavy Russian accent that his friends called “weird.”
A former schoolmate and wrestling teammate said Tsarnaev looked tired and “beat up.”

“His face was swollen on one side. He looked exhausted.”

Brittany Gillis, who went to UMass Dartmouth at the same time as Tsarnaev, was inside the courtroom. “It was very nerve wracking,” she said. “His family was crying as soon as he walked in. And the victims’ families were very upset. You could just tell they were upset just by seeing him. His family was crying and he kept looking back at his family. It seemed like he was very nervous.”

A small rally in support of Dzhokhar Tsnarnaev and suspicious of the government gathered outside the courthouse. At least one protester wore an “Anonymous” mask.

There is certainly reason to doubt the veracity of government accusations – and if Dzhokhar and Tamerlan Tsarnaev really did use homemade bombs to kill and injure hundreds of Boston marathon spectators, there is good reason to suspect FBI and CIA involvement. Some years back, when Dzhokhar’s brother Tamerlan applied for a travel visa to visit relatives, Russian authorities reportedly asked the CIA to investigate the Muslim family, whose female members had recently started wearing hijab. The brothers had met with the FBI multiple times in the two years before the marathon bombing. Their mother Zubeida Tsarnaev, who was also reportedly on a government watchlist, said the FBI was closely scrutinizing her son’s online activity. 

It will be interesting to see if government prosecutor Carmen Ortiz will provide proof of Tsarnaevs’ criminal wrongdoings, or if she will resort to the cheap tactic of using “secret evidence” against the accused. Other than wild media stories about the manhunt that resulted in the cities of Boston, Cambridge and Watertown being shut down under martial law, all the public has to go on is surveillance camera footage showing Dzhokhar and his brother Tamerlan walking peacefully through the crowd at the Boston marathon wearing light backpacks.

All we know for sure is that the police shot the brothers multiple times, killing Tamerlan while he was handcuffed in police custody, and severely wounding the unarmed Dzhokhar in the process of capturing him.

Circulating on Twitter is a rumor stating that, according to the wife of a Boston police officer, “all the cops took turns beating the crap out of him… jumped on his chest and everything.”

The 19 year old immigrant was aggressively interrogated for 18 hours and pressured to confess without a lawyer present after arriving at the hospital with multiple bullet wounds upon his arrest. It looks like someone broke his arm rather recently, as he appeared in court with a new cast on his arm. However, the defense was not permitted to discuss anything about police brutality.

In an interesting twist of events, the proceedings of the secret hearing were illegally videotaped by someone standing behind the court camera and aired by a television station in Russia. Grainy cell phone photos from inside the courtroom showing the thin, young, pensive looking man seated next to his lawyer, were also circulated widely online via social media.

The intense international interest in this court case is unique for a US “Muslim terrorist” prosecution in that there are so many vocal advocates insisting on his innocence and demanding a fair trial – balancing the huge number of unquestioningly pro-establishment American citizens ready for another public hanging of a foreign Muslim.

This time, the public wants to know what’s really going on. If the Boston marathon bombing was really simply carried out by two youths playing with homemade explosives, why is that being treated as a federal terrorism case rather than a local violent crime under the jurisdiction of Boston police?

Did the Tsarnaevs do it?  If yes, they probably did not act alone. It is important not to let this kid become a scapegoat to cover up for a deeper government conspiracy.

Dzhokahr Tsarnaev Claims Innocence

Even as a federal grand jury returned a 30-count indictment against Dzhokhar Tsarnaev for his alleged role in the Boston Marathon bombing, this week, supporters are gathering messages and poems to wish him a happy 20th birthday on July 22, which he will most likely spend at Devens Federal Medical Center in Ayers, Massachusetts, where he is now. The allegations against the young immigrant from Dagestan are being doubted world wide, and suspicions of an FBI frame up are growing. The addition of “using a firearm to intentionally kill Massachusetts Institute of Technology (MIT) Police Officer Sean Collier” to the list of charges against Tsarnaev is certainly odd, since previous police reports stated that the shooting incident was unrelated to the bombing suspects. 

“This indictment is the result of exemplary cooperation between federal prosecutors and a wide range of federal, state, and local law enforcement agencies to investigate the horrific attacks on the Boston Marathon two months ago,” said Attorney General Eric Holder, who did not mention the heavy Israeli involvement in the aftermath of the bombing, investigation, and televised fundraising campaign for Homeland Security, where Israeli agents were treated deferentially by the Boston Police Department.

NBC news reported: “Under normal circumstances, the government must issue an indictment within 30 days of arrest, which would have been May 19 in Tsarnaev’s case, but no indictment had been issued.”

A probable cause hearing had been scheduled for July 2. The purpose of this hearing would have been in order to determine whether the government has a strong enough case to continue legal proceedings. Because of the grand jury indictment, the case will move directly to arraignment and trial.

Further adding to public skepticism is the FBI execution-style shooting of Ibragim Todashev in Orlando Florida last month. Todashev was someone who knew Dzhokhar’s brother Tamerlan Tsarnaev, who was killed by Boston police after being arrested and stripped naked. The FBI claimed that just before they killed Todashev, he was about to sign a confession stating that he and Tamerlan Tsarnaev were guilty of three bizarre murders that took place in Waltham, Massachusetts in 2011, where the victims were found with their throats slashed and their bodies sprinkled with marijuana. Most people assumed the victims, who were local marijuana dealers, were killed by the police, angry about the recent decriminalization of marijuana in Massachusetts, who wanted to send some kind of warning to marijuana dealers.

Another bizarre story that the FBI fed to the news media just this week – over two months after the event, is that the Tsarnaev wrote a confession message with a pen on the inside of the boat where he was hiding and was eventually captured after being shot at 200 times by the police and miraculously survived. According to CBS news, the alleged note said the bombings were retribution for what the U.S. did to Muslims in Afghanistan and Iraq, and called the Boston victims collateral damage in the way Muslims have been in the U.S.-driven wars. “When you attack one Muslim, you attack all Muslims,” the note allegedly says.

A member of the Free Jahar Movement, Cindy Chapman, told TMO she doesn’t buy that story. “If he was injured as he is – and was shot in his left hand – And he is left handed. He came out of the boat holding his left arm kinda funny. And the way he was pictured laying in the boat he was laying on his right side. I guess his right side is also hurt I am not really sure. But he could NOT have not written it. And why did they NOT find that note or notes sooner. I mean really why are they just coming out now with it? I mean like really – just before the trial?”

While Tsarnaev is not allowed to discuss his case with anyone except his lawyer, his mother Zubeidat Tsarnaeva told the Associated Press that her son told her he is innocent. “I could just feel that he was being driven crazy by the unfairness that happened to us, that they killed our innocent Tamerlan.” She also told reporters that Tamerlan called her just before his death saying “The police are chasing us and shooting at us” and told her, “I love you, Mama.”

Tsarnaev’s supporters have taken to the internet to demand a fair trial. The Dzokhar Tsarnaev Jahar Facebook page, which has more than 8,000 members, states that the 19-year-old’s “life has been stolen and has been made into a public object of hate, created by the inaccurate reports by the media.” His fans are also twittering using the hashtag #freejahar and handles that include @FreeJaha @Fighting4Jahar and @PrayForJaharr. Some news reports claim that young people are even getting tattooed with his name.

A rapper named Beacorn wrote a rap song called “Free Jahar Tsar” that goes, “A boy with his cap backwards, hoodie down and white bag just / walking behind his brother past surveillance cameras / He wasn’t even tryna be hidin’ his facial appearance / And  that’s all it took to take his rights as an everyday American? / Besides the bags shown blown to bits were both black / so how does that account as hard evidence after the fact?”

The birthday messages being collected from all over the world for the young man – mainly from strangers – are deeply moving – full of prayers, intense love, encouragement, telling him not to give up and that he’s not alone, with unshakable faith in his innocence.  Many people, when they learned about Tsarnaev’s ordeal, realized that if this could happen to him it could happen to any young Muslim, and it immediately made them decide to start practicing their religion and in some cases, convert to Islam. Someone in Boston wrote, “I’m so glad you opened my eyes, Jahar. I’m so glad I snapped out of being brainwashed by the media.”

Tsarnaev will need that level of support to spread to the wider population if he is going to receive anything that even resembles a fair trial. All Americans should want Tsarnaev to get a fair trial, to make sure they got the right guy – because if he’s not the marathon bomber, then whoever actually did it is still at large.