DoJ motion in Tsarnaev case argues that bombers used “basic elements of terrorist tradecraft”

posted at 2:01 pm on May 22, 2014 by Ed Morrissey

In response to a motion from Dzhokhar Tsarnaev’s attorneys to suppress information gathered from his hospital interrogation, the Department of Justice has filed a response that once again raises questions as to whether the Boston Marathon bombers had at least philosophical assistance from organized terrorists. The defense team wanted Tsarnaev’s responses thrown out because of the medication taken by Tsarnaev after his capture and the pain he was enduring during the long hours of interrogation. As part of their response, the DoJ revealed that Tsarnaev had written a statement taking credit for the bombing on the inside of the boat in which he hid, and that the FBI felt that the language looked pretty familiar — and explained why they invoked the national-security exception at the beginning of the interrogation.

Boston’s CBS affiliate covered the release late last night:

* The note Tsarnaev wrote in pencil on the inside of the boat where he was found hiding underscored the possible involvement of a terrorist group. Tsarnaev wrote:

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. He who Allah guides no one can misguide. A[llah Ak]bar!

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.

This writing, which bears hallmarks of al-Q’aeda-inspired rhetoric, suggested that Tsarnaev might have received instruction from a terrorist group. In addition, the fact that Tsarnaev used the word “we” (i.e. “We are promised victory and we shall surely get it. . . . Stop killing our innocent people and we will stop.) suggested that others might be poised to commit similar attacks and that Tsarnaev was urging them on.

* Before hiding in the boat, Tsarnaev smashed both of his cell phones to avoid being located through them. One of them appeared to be a “burner” phone: it contained a SIM card purchased the day before the Marathon and was used by Tsarnaev on April 15 to coordinate the attacks with his brother. These basic elements of apparent terrorist tradecraft provided additional grounds for believing that Tsarnaev had received training and direction from a terrorist group.

In short, the facts and circumstances known to law enforcement at the time they interviewed Tsarnaev provided ample reason to believe that the Tsarnaevs did not act alone; that others might have radicalized them, directed them, trained them, assisted them, and/or concealed them; and that these others might be planning or poised to carry out additional attacks. Finding out if there were other bombs, other bombers, or others plotting similar and coordinated attacks was a public safety matter of the utmost urgency.

Indeed. The defense wanted to argue that Tsarnaev had already assured them that nothing else was going on, but one can forgive the FBI and the DoJ for not just taking Tsarnaev’s word for that. As the DoJ argues in the beginning of the motion, the Supreme Court has already ruled that public safety and national security take precedence over waiting for a suspect to feel better before interrogation (Chavez v Martinez). Besides, the prosecutors don’t plan on using those initial statements in court anyway.

The length of the interrogation was necessitated by a tracheostomy, which slowed down the ability to ask questions and get clear answers, the DoJ further argued:

Suspect Dzhokhar Tsarnaev “readily admitted his own involvement” in the 2013 bombings at the Boston Marathon “from the moment the agents began questioning” him, federal prosecutors said in a court filing Wednesday.

The prosecution refuted the defense’s claims that such statements – made from Mr. Tsarnaev’s hospital bed at Beth Israel Deaconess Medical Center in Boston in the hours after his arrest – are inadmissible in court because the federal agents had not informed him of his right to an attorney. …

The prosecution further insisted that “the length of the questioning was not designed to break down Tsarnaev’s will to resist so that he would confess,” but rather was necessitated by the suspect’s need for frequent breaks and difficulty speaking due to a tracheostomy.

ABC follows up today on the possibility of coordination:

But ABC News reported last month that many senior current and former counterterrorism officials — including former Boston Police Commissioner Ed Davis, Homeland Security Committee Chairman Michael McCaul and former Joint IED Defeat Organization director Army Lt. Gen. Michael Barbero — remain skeptical that the Tsarnaevs built their bombs solely from instructions they found posted online.

A side by side comparison last year of the pressure cooker IED design found in al Qaeda in the Arabian Peninsula’s 2010 debut issue of “Inspire” magazine with evidence collected in Boston showed significant differences in the design and construction, according to analysis by the FBI’s Terrorist Explosive Device Analytical Center, ABC News reported last month. …

Searches afterward of their residences, vehicles and other places they had frequented found no trace of the fine black powder siphoned from fireworks that were used in their IEDs, “again strongly suggesting that others had built, or at least helped the Tsarnaevs build, the bombs,” the government filing stated.

 

This motion by the defense looks like a clear loser, but then again, so does their case. The DoJ motion still doesn’t clearly answer the question it raises — what help, if any, did the Tsarnaevs get from organized terrorists? Perhaps the trial will answer that question in the end.


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GM is dead and terrorism is alive

…thank obama and uncle Joe, Hillary too.

Schadenfreude on May 22, 2014 at 2:05 PM

On topic for ALL thread, just because I believe so.

Rare moment of honesty

Schadenfreude on May 22, 2014 at 2:06 PM

All threads, but still true…

Schadenfreude on May 22, 2014 at 2:06 PM

Organized terrorism involved in what is clearly a recreational running mishap?

Happy Nomad on May 22, 2014 at 2:07 PM

In Boston, what followed the attack, the gov’t was utterly out of control, illegally, wasted lots of dough and power, and this punk lives.

Your gov’t, all agencies, failed you. You can take this to the bank.

Schadenfreude on May 22, 2014 at 2:07 PM

What in the world is happening to America? Over the past couple of decades, the federal government has used just about every major national tragedy as an excuse to take even more liberty and freedom away from us.

My question is……

Are we going to completely throw out the entire U.S. Constitution in a desperate attempt to feel a little bit safer? Or are we going to choose to live our lives without fear no matter what others may try to do to us?

roflmmfao

donabernathy on May 22, 2014 at 2:12 PM

This writing, which bears hallmarks of al-Q’aeda-inspired rhetoric, suggested that Tsarnaev might have received instruction from a terrorist group.

The Russians already told the FBI this several times.

Tamerlan made a YouTube playlist of Chechen protest songs and jihadist videos. One video is dedicated to the prophecy of the Black Banners of Khorasan, which says an invincible Islamic army will rise in Central Asia. “It is essentially an end-time prophecy,” says Aaron Zelin, a fellow at the Washington Institute for Near East Policy. “This is definitely important in al Qaida’s ideology.

There’s a clue in case you needed one.

And some very good advice from the Russians…

RT:Why would these men turn on a country which gave them asylum?

DB:Unfortunately, it happened in many countries that people, who got asylum in the West later turned against their hosts and against their benefactors. It’s enough to remember that Ayatollah Khamenei, the founder of modern Iran, was a political refugee in France before he came back as a victor to Iran. If you expect any kind of gratitude and thankful thinking from these people you’re dead wrong. Most of the jihadists are egotists in their convictions. They think that they have the right to ascertain their convictions, they have the right to commit violence acts if they feed their cause. And their cause is the creation of this Islamic State. Maybe it could be an Islamic State in the North Caucasus. It could be a universal Islamic Caliphate. But that’s their thinking and I’m afraid in Boston they are dealing with exactly that kind of thinking.

sharrukin on May 22, 2014 at 2:16 PM

[Y]ou are fighting men who look into the barrel of your gun and see heaven…”

Give the idiots heaven then.

I’m pretty sure they’re gonna be disappointed, because it’s not heaven they’re going to get.

Diluculo on May 22, 2014 at 2:16 PM

He can’t be a terrorist. He was on the cover of Rolling Stone.

Bitter Clinger on May 22, 2014 at 2:19 PM

know you are fighting men who look into the barrel of your gun and see heaven

Hmm, that’s interesting Dzhokar, because it seems to me you surrendered quite meekly when you noticed that red laser dot on your forehead. (Which was a good look for you, by the way). Heaven not quite what you were looking for just yet?

Hayabusa on May 22, 2014 at 2:19 PM

They should have put bullet holes where all those red dots are….

dentarthurdent on May 22, 2014 at 2:20 PM

On cue

Schadenfreude on May 22, 2014 at 2:22 PM

They should have put bullet holes where all those red dots are….

dentarthurdent on May 22, 2014 at 2:20 PM

I think they did try, but what they failed to realize is that the red dot means little when you have the weapon set on ‘rock -n- roll’. Rarely is the dot followed by a bullet then.

Diluculo on May 22, 2014 at 2:23 PM

I’m pretty sure they’re gonna be disappointed, because it’s not heaven they’re going to get.

Diluculo on May 22, 2014 at 2:16 PM

“I didn’t think heaven would be quite so warm….”/Speedbump

dentarthurdent on May 22, 2014 at 2:23 PM

BREAKING:

USDA to lift dark maple syrup ban; riots expected.

BobMbx on May 22, 2014 at 2:21 PM

Michelle obama will declare that racist.

Schadenfreude on May 22, 2014 at 2:23 PM

The DoJ is going to get whacked here. Tsarnaev had just lost his brother and those jack-booted thugs were demanding to interrogate him???? Don’t they have any compassion for Dzhokhar’s emotions. /

Happy Nomad on May 22, 2014 at 2:38 PM

Does anyone believe he actually wrote that?

I’ve read that it was written in blood, pen, and now pencil.

Ok!

Akzed on May 22, 2014 at 2:40 PM

I’ve seen Frank Underwood use ‘burner phones’ in just about every episode of House of Cards and know exactly where to go in my local grocery store or Walgreens to get one – does that make me trained in terrorist tradecraft? That part of their contention seems a little weak.

Long Legged MacDaddy on May 22, 2014 at 2:51 PM

It’s so complicated. Like rocket science.

Shy Guy on May 22, 2014 at 2:51 PM

My question is……

Are we going to completely throw out the entire U.S. Constitution in a desperate attempt to feel a little bit safer? Or are we going to choose to live our lives without fear no matter what others may try to do to us?

roflmmfao

donabernathy on May 22, 2014 at 2:12 PM

Don,

You pathetic libertarian fool!

We are not throwing out the ‘entire U.S. Constitution’ here. This is a criminal that was caught in the act, with blood literally on his hands. Under those conditions, I feel that law enforcement has every right to use any means, short of beating the little worthless worm to a pulp, to extract information.

It’s extreme libertarians like you, who are just as nutty and extreme as the most loony leftist that hurt your cause.

KMA, jackass!

ZeusGoose on May 22, 2014 at 3:11 PM

This writing, which bears hallmarks of al-Q’aeda-inspired rhetoric,

Psst…CBS: Where does al-Q’aeda get its rhetoric?

Hint: It’s a book.

WhatSlushfund on May 22, 2014 at 3:11 PM

He looks good all bloodied up. He’d look even better dead.

Blake on May 22, 2014 at 3:32 PM

statements – made from Mr. Tsarnaev’s hospital bed at Beth Israel Deaconess Medical Center

Oh the irony. A Jew hating POS Muslim was given treatment for his injuries at Beth Israel Hospital.

The false Religion of Peace vs the true Religion of Peace

You just cannot make this stuff up.

As for Allah and living among the “righteous people in the highest levels of heaven” I think Mr. Tsarnaev is in for a big, hot, hellish surprise.

neyney on May 22, 2014 at 3:41 PM

Too bad we can’t strap a pressure-cooker bomb to this POS’s ass and just get rid of him.

GarandFan on May 22, 2014 at 5:39 PM

If they did it against the US, then it is piracy and should be charged as such. All you need is one of the brothers saying that or implying it, and that is it.

That is also treason, BTW. And if confessed on a video before the event, very easy to get witnesses.

ajacksonian on May 22, 2014 at 7:49 PM

you are fighting men who look into the barrel of your gun and see heaven

Well then, we should show them heaven more often.

Grammar Nazi on May 22, 2014 at 9:42 PM

…just shoot the little s o b !

KOOLAID2 on May 22, 2014 at 9:58 PM