Random reads:
I'm pretty much ignoring the anecdotal stories and all opinions by the Doogie Howsers of terrorism.
One question I did have: News reports have said that Dzhokhar is a U.S. citizen but his brother Tamerlan is not. Yet according to LexisNexis public records, Tamlerlan has two Mass. voter registration records (the entire family -- mom, dad, the 2 brothers and 2 sisters -- was registered to vote.) According to the MA voting website:
Who may register? Only a person who is:
- a US citizen, and
- a resident of Massachusetts, and
- 18 years old on or before election day (must still meet registration deadlines set forth below)
The New York Times has this article on the legal issues.
Talk of the death penalty is way premature. There is a lot that goes into such a decision, and the heinousness of the crime is but one factor. DOJ's death penalty protocol is here. One important component:
In any case in which (1) the United States Attorney or Assistant Attorney General recommends that the Attorney General authorize seeking the death penalty, or (2) a member of the Capital Review Committee requests a Committee conference, a Capital Case Unit attorney will confer with representatives of the United States Attorney's Office or Department component to establish a date and time for the Capital Review Committee to meet with defense counsel and representatives of the United States Attorney's Office or Department component to consider the case. No final decision to seek the death penalty shall be made if defense counsel has not been afforded an opportunity to present evidence and argument in mitigation.
As to the public safety exception, in addition to the underwear bomber, DOJ used it to interrogate Times Square attempted bomber Faisal Shahzad, who like Dzhokhar Tsarnaev, was a naturalized U.S. citizen. Charges were filed within 2 days of his arrest.
First things first: DOJ should file a Complaint with charges so the Federal Defender can provide him with counsel.
Update: The clever interrogation team not only got Shahzad to talk, they got him to agree to waive his right to appear before a judge (who would appoint him counsel) for 2 weeks. He was held in a safe house where he was interrogated from his arrest on May 3 until May 18. U.S. Attorney Preet Bharara said in a press release:
Following his arrest, Shahzad spoke with officers of the Joint Terrorism Task Force for almost two weeks. During those weeks, Shahzad admitted that he had purchased all of the components of the bomb; built the bomb; and loaded it into his SUV. Shahzad also said that he believed that his bomb would kill about 40 people — and that he had been prepared to conduct additional attacks until he was captured or killed.
A copy of the docket is here. Shahzad pleaded guilty without a plea agreement and was sentenced to life. He did not appeal, and is serving his life sentence at Supermax in Florence.
