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Tamerlan Tsarnaev was encouraged to be informant, lawyers for brother say
By Milton J. Valencia | GLOBE STAFF MARCH 28, 2014
Lawyers for alleged Boston Marathon terror bomber Dzhokhar Tsarnaev have alleged that his older brother and alleged accomplice, Tamerlan, was questioned by the FBI about his extremist views and encouraged by the agency to be an informant reporting on the Chechen and Muslim community, according to court records filed today.
The lawyers suggested that the interviews could have been misinterpreted by the older brother and could have “increased his paranoia and distress” – factors they want to investigate as they seek to portray the older brother as a dominating figure who may have pushed the younger brother to take part in the bombings.
Tamerlan Tsarnaev, 26, was killed several days after the bombings last April in a confrontation with police in Watertown. Dzhokhar Tsarnaev, who was 19 at the time, is now in federal custody awaiting a trial that could bring him the death penalty.
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Coverage of the Marathon bombings
The lawyers’ allegation was made in a 23-page court filing in which they sought a court order forcing prosecutors to turn over more evidence in the case, specificallyevidence about Tamerlan Tsarnaev, that they argued would be useful in their defense against the death penalty.
The lawyers argued that, now that the prosecutors have declared they will seek capital punishment in the case, Dzhokhar Tsarnaev is allowed to present evidence of mitigating factors that would tilt a jury against the death penalty – including evidence about his age at the time of the bombings, his lack of a criminal history, and the possible influence of others, specifically a radical older brother who may have exerted “domination and control” over him.
“The underlying data concerning the brothers’ activities, state of mind, and respective trajectories is critical,” the defense team argued, adding that evidence that “shows Tamerlan to have had a substantially longer and deeper engagement than his younger brother with extremist and violent ideology is mitigating for the light that it sheds on their relative culpability.”
Prosecutors did not immediately respond to the lawyers’ request, though the defense team cited a March 14 letter in which prosecutors said they had “no evidence that Tamerlan Tsarnaev was solicited by the government to be an informant.”
Dzokhar Tsarnaev faces a 30-count indictment for his alleged role in the bombings, which killed three people and injured more than 260. He and Tamerlan Tsarnaev also allegedly shot and killed an MIT police officer before the confrontation with police in Watertown.
Dzhokhar Tsarnaev is being held at the federal prison at Fort Devens in Ayer. He is slated to go on trial in November.
Prosecutors have described him as a young Muslim extremist who wanted to carry out jihad, or holy war, against the United States. They alleged the brothers learned to build the bombs through websites that supported Al Qaeda.
The defense lawyers filed several requests late this afternoon.
Another filing asked for any evidence prosecutors have collected under the Foreign Intelligence Surveillance Act, including digital records of the brothers’ visits to jihadist websites. The information, the lawyers argued, could show that Tamerlan had a more extensive search history than his younger brother.
Lawyers for accused Boston bomber seek secret data on dead brother
BOSTON Fri Mar 28, 2014 5:48pm EDT
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 file photo. REUTERS/Brian Snyder
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 file photo.
(Reuters) - Lawyers for the accused Boston Marathon bomber on Friday asked a judge to order U.S. prosecutors to hand over more information, including surveillance data, on his late older brother in order to assess the relative blame of each man in the attack.
Dzohkhar Tsarnaev, who is charged with killing three people and injuring 264 with homemade bombs at the April 15, 2013, marathon and shooting dead a university police officer a few days later, faces the threat of execution if convicted of the worst mass-casualty attack on U.S. soil since September 11, 2001.
Defense attorneys said any evidence that suggests older brother Tamerlan Tsarnaev, who died after a gunfight with police while the pair were preparing to flee Boston a few days after the attack, could boost the 20-year-old surviving Tsarnaev's chances of avoiding the death penalty if convicted.
"Any evidence tending to show that Tamerlan supplied the motivation, planning, and ideology behind the Boston Marathon attack, and that his younger brother acted under his domination and control, is 'material,'" defense attorneys said in one of a series of a filings in U.S. District Court in Boston.
Noting that a Congressional report released on Wednesday showed that U.S. investigated the elder Tsarnaev after a 2011 tip from Russian authorities that he may have become radicalized, defense attorneys asked for any classified information gathered on the elder Tsarnaev.
"Evidence that shows Tamerlan to have had a substantially longer and deeper engagement than his younger brother with extremist and violent ideology is mitigating for the light that it sheds on their relative culpability," defense lawyers wrote.
Prosecutors have said that they have turned over reams of evidence to Tsarnaev's attorneys and that the follow-up requests are too broad to fill.
The Tsarnaev family immigrated to the United States from Russia's restive Chechnya region about 10 years before the attack, and were granted asylum before taking residence in a small apartment in Cambridge, Massachusetts, just outside Boston.
Defense lawyers wrote that since the family had been evaluated for and granted asylum, the U.S. government would have far more background on them than it would for a typical family of native-born Americans.
The surviving Tsarnaev is being held in a jail west of Boston awaiting a trial scheduled to begin in November.
The bombs that ripped through the crowded finish line of Boston's best-attended sporting event killed three spectators: Martin Richard, 8, Krystle Campbell, 29, and Chinese national Lu Lingzi, 23. Prosecutors charge that the Tsarnaev brothers shot dead a fourth man, 27-year-old Massachusetts Institute of Technology campus police officer Sean Collier, a few days later, in a failed attempt to steal his gun as they tried to flee the city.
Boston Marathon Suspect Gets by With One Letter
Added by Stephanie Tapley on March 28, 2014.
Saved under Opinion, Stephanie Tapley, U.S.
Tags: boston marathon
Boston Marathon
Boston Marathon investigators may have uncovered a costly typographical error that could have prevented the tragic event that occurred on April 15, 2013 from escalating to the level of chaos that it did. Tamerlan Tsarnaev was reportedly already on a watch list by Russian officials for suspicious activity in regards to being a possibly involved with an Islamic terrorist group. The Russian Federal Security Service took appropriate measures and made several attempts to alert the United States Federal Bureau of Investigations in regards to questioning Tsarnaev’s suspicious behavior. Tsarnaev was placed on a “hot list” so that an alert would be sent the proper authorities of all attempted departures and arrivals to and from the United States by Tsarnaev. Under normal circumstances, this protocol would be considered a legitimate safeguard to help keep a careful eye on who enters and exits the United States to cut down on the risks of a possible threat for a terrorist attack against a country. The Boston Marathon bombing suspect was allowed to pass through customs without interruption, all because of the misspelling of one alphabet.
On January 21, 2012, the Boston Marathon suspect Tsarnaev went to John F. Kennedy Airport and passed through all the security checkpoints in order to board an airplane that was destined for Moscow, Russia. No “hot list” alarm was set off. On July 17, 2012, the same Boston Marathon suspect reentered the United States via an airplane that landed at John F. Kennedy Airport. Again, no “hot list” alarm was set off. Attributed to this profoundly simple mistake was reportedly a misspelling of one letter in Tsarnaev’s name on the watch list. As a consequence of Tsarnaev’s name being spelled as “Tsarnayev,” the system did not pick up the physical presence of the Boston Marathon suspect at the airport in New York before departing on the airplane out of the country as well as reentering. Assuming that the “hot list” does not sound off or compensate in some way for typographical errors by performing a synonym, antonym, or auto-correction check on names, those who play a part in the welfare for the public’s safety had no cause for alarm during both moments when the Boston Marathon suspect was present.
One thought that might come to mind when learning of such a costly error as that of a misspelled name on a crucial list is what immediate measure can and will be taken in order to ensure this negligent mistake may never ever happening again. Hopefully, there are not more incidences of this kind of microscopic mistake on record that has already slipped past the supervising eyes that overlook the security operations for the United States. It might be completely accurate to come to the conclusion that no one in America, or anyone in the world for that matter, would want to relive the nightmarish event similar to that of the Boston Marathon; the last thing anyone should ever desire to see is another picture going viral similar to that which is above.
This story in Boston's Christian Science Monitor shows that the mainstream media are beginning to report the possibility that the FBI pressured Tamerlan Tsarnaev to become an informant, which might make Tamerlan one in quite a long list of informants-turned-assassins.
https://www.facebook.com/peter.d.scott. ... 2884438794
elfismiles » 22 Apr 2014 18:43 wrote:Has something happened in Boston today?
MIT police officer's statement suggests FBI was watching Tsarnaevs the night Sean Collier was killed
Submitted by sosadmin on Tue, 04/22/2014 - 15:11
Those of us here in Boston are intimately familiar with the details. We were glued to our television sets, radios, and computers, watching as our city turned into a temporary war zone. At first the events were confusing—conflicting reports and a story line that didn’t make sense. But in the days following the chaotic scene that unfolded in Cambridge and Watertown on the evening of April 18, 2013, just days after the Boston Marathon bombings, a coherent narrative was put forward in local media, largely based on anonymous and government sources.
But new reporting, quoting an MIT police officer, undermines a core FBI claim about what happened that fateful night. Only one of these stories—the FBI’s or the MIT officer’s—can be true.
On the evening of April 18, 2013, the FBI released photographs of the Tsarnaev brothers to the public for the first time. According to the bureau, agents had been sitting on the images for about 36 hours. Even though the Boston FBI office had previously interviewed and monitored Tamerlan Tsarnaev—a two-time New England Golden Gloves boxing champion relatively well known in the area—agents apparently couldn’t remember his name. The bureau's face recognition software failed. So, the narrative goes, having run out of options, the FBI called on the public to help.
About five hours after the photographs were released, MIT police officer Sean Collier was shot multiple times at the intersection of Vassar and Main streets in Cambridge. He died that night.
After the FBI released the photographs of their suspects, people who knew the Tsarnaevs called the FBI’s tip line to identify the brothers. And yet, according to the FBI’s narrative, the bureau and the local police did not know the brothers’ names until after Collier’s murder, an alleged carjacking, and a gun battle with police in a quiet, residential neighborhood of the Boston suburb Watertown. More than seven hours passed between the time the FBI released the photographs to the public and the time Tamerlan’s corpse was fingerprinted in the hospital at approximately one am on Friday morning. The FBI claims it only then discovered Tamerlan’s identity.
On its face, that story has never made much sense. Why didn’t agents who interviewed Tamerlan in 2011 remember him in 2013? Why didn’t the FBI put together the information it was receiving through the tip line? Why would the FBI bother releasing the photographs to the public if it didn’t intend to seriously check up on leads it received from Boston area residents? And why, if the FBI says it didn’t know who the brothers were until Tamerlan was dead the following morning, was there a massive FBI surveillance operation happening just blocks from where Officer Sean Collier was killed, on the night of his murder?
Newly reported comments from an MIT police officer suggest the FBI was in fact watching the Tsarnaevs that night in Cambridge.
In an interview excerpted by the local NPR station WBUR, MIT police officer Sergeant Clarence Henniger says that the FBI knew who the Tsarnaevs were before Collier was shot. Describing the mood in Cambridge on the evening of April 18, before his colleague was killed, Henniger says [emphasis mine]:
"The word was out, regarding the suspects. We know how they looked like, and we knew that they lived in the city of Cambridge at one point…We knew that his house was under surveillance, and the Feds were all over the city of Cambridge…knowing that he, they lived there. So we were aware of that."
The first public hint about this surveillance operation came in an October 15, 2013 letter from Senator Chuck Grassley, ranking member on the Senate Judiciary Committee, to FBI director James Comey. The Republican Senator asked disturbing questions about the FBI’s knowledge of the Tsarnaevs, including whether the FBI attempted "to use the tactic of ‘recruitment’or a sting operation with Tamerlan Tsarnaev". Grassley also wrote:
In the hours leading up to the shooting of Massachusetts Institute of Technology (MIT) Police Officer Sean Collier and the death of the older suspect involved in the bombing, sources revealed that uniformed Cambridge Police Department officers encountered multiple teams of FBI employees conducting surveillance in the area of Central Square in Cambridge, Massachusetts.
The Senator asked director Comey to explain what was going on that night in Cambridge.
"Was the FBI conducting surveillance in the area of Central Square in the City of Cambridge on the night MIT Officer Sean Collier was shot dead?
"Was the surveillance being conducted in Cambridge on either of the Tsarnaev brothers, their associates or people later confirmed to be their acquaintances?"
On Friday, October 18, 2013, three days after the Grassley letter was made public, the FBI’s Boston field office issued a joint statement with the heads of the Massachusetts State Police and the Boston Police Department, denying outright that the FBI was watching the Tsarnaevs on the night of April 18. That statement reads in full:Previously, members of the Joint Terrorism Task Force have responded to similar questions relating to whether or not the FBI, Boston Police, Massachusetts State Police or other members of the Joint Terrorism Task Force knew the identities of the bombers before the shootout.Members of the Joint Terrorism Task Force did not know their identities until shortly after Tamerlan Tsarnaev’s death when they fingerprinted his corpse. Nor did the Joint Terrorism Task Force have the Tsarnaevs under surveillance at any time after the Assessment of Tamerlan Tsarnaev was closed in 2011. The Joint Terrorism Task Force was at M.I.T., located in Cambridge, MA, on April 18, 2013, on a matter unrelated to the Tsarnaev brothers. Additionally, the Tsarnaev brothers were never sources for the FBI nor did the FBI attempt to recruit them as sources.There has been recent reporting relating to whether or not the FBI, Boston Police, Massachusetts State Police or other members of the Joint Terrorism Task Force knew the identities of the bombers before the shootout with the alleged marathon bombing suspects, and were conducting physical surveillance of them on April 18, 2013. These claims have been repeatedly refuted by the FBI, Boston Police, and Massachusetts State Police.To be absolutely clear: No one was surveilling the Tsarnaevs and they were not identified until after the shootout. Any claims to the contrary are false. [Emphasis theirs.]
The FBI states unequivocally that its agents were not surveiling the Tsarnaev brothers on the night of the 18th, and that its agents were in Cambridge that night "on a matter unrelated to the Tsarnaev brothers." But this statement doesn’t only contradict MIT officer Henniger’s comments to WBUR. It also contradicts what the FBI told 60 Minutes about bureau operations after the Boston Marathon attacks. According to CBS reporter Scott Pelley, then-FBI director Bob Mueller "ordered every single FBI office in the world"—not just those in Boston, Massachusetts, or the United States—to back up the Boston office’s investigation.
If that’s true, how could the FBI have been running a massive surveillance operation in Cambridge—the home of the alleged Boston bombers, of all places—just days after the bombings if it were related to a completely separate investigation, as the FBI claims? The Boston Marathon attacks were the most devastating terrorist attack to hit the United States since 9/11. Are we to believe that only days later, with the suspects still on the run, the FBI would send agents to Cambridge, Massachusetts to conduct surveillance on a different investigation?
That FBI agents would have been conducting surveillance related to anything other than the Marathon investigation—in Cambridge, just days after the bombing—doesn’t make sense on its face. MIT officer Henniger’s statement suggests the reason it doesn’t make sense is because it’s not true.
Is it possible that Sergeant Clarence Henniger of the MIT police department—the man who found Sean Collier after he had been shot—misremembered what happened that night? Yes. Is it possible that the FBI has been misleading the public about what it knew about the Tsarnaevs, and when? Absolutely.
In the aftermath of the Boston Marathon bombing and the chaotic chase to find the suspects, the FBI has essentially refused to provide detailed information to Congress and its own Department of Justice Inspector General. The bureau says that it mustn’t disclose information that could compromise the Tsarnaev prosecution. But when asked to testify in a closed-door session to the House Homeland Security committee, the FBI also refused. At the same time, its deputy director and the former Special Agent in Charge of the Boston office are perfectly comfortable speaking on national television about the investigation. Apparently the bureau’s concern with shaping public perceptions takes precedence over providing an accurate accounting of events to officials tasked with providing oversight of FBI operations.
In part because the bureau refuses this necessary oversight, we are still waiting for detailed answers to Senator Grassley's questions. If the FBI was conducting a surveillance operation in Cambridge that night related to another matter, what investigation rose to this supreme level of importance? If the FBI has been misleading the public, and its agents were in Cambridge conducting surveillance of the Tsarnaevs on Thursday night, as the MIT officer suggests, where is the accountability for what transpired that night and the next day?
The national security state promises that if we give up our liberty, we will at least enjoy security. In Boston, we got neither. The events that transpired in the Boston metropolitan region on Thursday and Friday April 18-19, 2013 cost hundreds of millions of dollars to the local economy. Our neighborhoods were plunged into a state resembling martial law. A police officer lost his life. The homes of Watertown residents were riddled with bullets—almost exclusively from law enforcement weapons. Many more people could have been killed.
How long will we have to wait for answers?
http://privacysos.org/node/1385
What Boston Marathon bombing suspect Dzhokhar Tsarnaev wrote on the boat
By International Business Times
Thursday, May 22, 2014 8:44 EDT
Boston bombing suspect Dzhokhar Tsarnaev wrote that he was envious of his brother and alleged co-conspirator, Tamerlan Tsarnaev, for getting into the Islamic version of paradise before he did and warned the U.S. to “stop killing our innocent people” in a note, as he hid from a massive manhunt following the 2013 marathon attack, according to new court documents.
The full text of the letter was submitted as part of Boston federal court documents filed by prosecutors to fight a motion by Dzhokhar Tsarnaev’s lawyers to suppress statements the suspect made to FBI agents. He made the statements at a local hospital where he was taken after the manhunt ended when authorities found him hiding in a boat kept in the backyard of a home in the Boston suburb of Watertown, Mass.
While in the boat, Dzokhar Tsarnaev wrote the following note, according to court documents released Wednesday:
“I’m jealous of my brother who ha[s] [re]ceived the reward of jannutul Firdaus (inshallah) before me. I do not mourn because his soul is very much alive. God has a plan for each person. Mine was to hide in this boat and shed some light on our actions. I ask Allah to make me a shahied (iA) to allow me to return to him and be among all the righteous people in the highest levels of heaven...The US Government is killing our innocent civilians but most of you already know that.
"As a [UI] I can’t stand to see such evil go unpunished, we Muslims are one body, you hurt one you hurt us all. Well at least that’s how muhhammad (pbuh) wanted it to be [for]ever, the ummah is beginning to rise/[UI] has awoken the mujahideen, know you are fighting men who look into the barrel of your gun and see heaven, now how can you compete with that. We are promised victory and we will surely get it. Now I don’t like killing innocent people it is forbidden in Islam but due to said [UI] it is allowed. All credit goes [UI]. Stop killing our innocent people and we will stop.”
Prosecutors claimed the writing contained “hallmarks of al-Q’aeda-inspired rhetoric,” which, they say, suggested Dzhokhar Tsarnaev may have received instructions on how to conduct the bombings from a terrorist group. They also said his repeated use of “we” indicates “that others might be poised to commit similar attacks and that Tsarnaev was urging them on.”
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