Home Boston Open Letter to US Attorney General, Concerning Prisoner Tsarnaev’s SAMs

Open Letter to US Attorney General, Concerning Prisoner Tsarnaev’s SAMs

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jahar

by Cheryl Dean

Dear Madam Attorney General,

Myself and many others ask you to modify the Special Administration Measures that Dzhokhar Tsarnaev has been living under for the past 22 months. We are advocating for him: he has been silenced, and is not allowed to speak for himself. We ask that Dzhokhar be allowed to communicate by phone and mail, and have visits from any of his relatives.

The Special Administrative Measures requested by Carmen Ortiz clearly violate the First Amendment rights of Dzhokhar. All citizens have the right to freedom of speech. That would have to include speaking to all one’s own family members, and without the FBI monitoring and recording everything that is said.

His parents can speak to him twice a month for only 15 minutes, although not about his case, or much else, while being monitored live, being recorded by an FBI agent. Is that necessary? Why? Is someone trying to hide something? There is something terribly wrong with this.

The SAM’s also violate this young man’s Eighth Amendment rights. This amendment prohibits cruel and unusual punishment. We don’t believe that any compassionate, decent, or moral human being would think the SAM’s are not extremely cruel.

Incarcerating someone for a crime is one thing, but then silencing them forever, in a small cement room, never to be seen or heard from again until you kill them, is very cruel and unusual.

According to the Department of Justice:

“The Attorney General may authorize the Director of the Bureau of Prisons (BOP) to implement “special administrative measures” upon written notification to BOP:

#1. “that there is a substantial risk that a prisoner’s communications or contacts with persons could result in death or serious bodily injury to persons, or substantial damage to property that would entail the risk of death or serious bodily injury to persons.” And

#2. to prevent the disclosure of classified information …..”.

The second SAM can be requested by “a member agency of the intelligence community.”

The above are the only two lawful reasons to implement special Administrative measures, and they must be warranted and justified.

He Gets Friendly Mail

Yet, the US Attorney Carmen Ortiz and the FBI, in asking for the SAM’s, invoked reason #1, stated that Dzhokhar had received over 1000 letters (which he had no control over, never asked for and never replied to). Note: All mail was/is screened under ordinary BOP procedures and was deemed acceptable to be given to Dzhokhar!

The defense team, in its motion # 110, stated that the majority of those letters were from people who believe Dzhokhar is innocent, or were trying to convert him to Christianity, and people who were praying for him. Not a single letter from anyone threatening harm to the US.

Mother’s Call

Another reason was that Dzhokhar’s mother had recorded the first phone call she had received from Dzhokhar and someone shared it with media, allegedly garnering sympathy for her son. Is this a criminal offense now, or a reason to silence Dzhokhar?

Even if sympathy was gained for her son, it only shows that some people, thankfully, still possess humanity and can have compassion for a severely injured 19 year old, suffering immensely at the hands of the US government.

This phone call seemed to be a slap in the face for Carmen Ortiz, who had tried hard and already succeeded at demonizing and cementing the guilt of this young defendant almost immediately. “Innocent until proven guilty” never applied in this case. The government wanted no one in the world to question their official narrative.

I quote the ACLU in their amicus curiae dated November 5, 2013:

“In applying for the SAM’s and in opposing Tsarnaev’s motion, the government mentions that Tsarnaev’s mother might have sought sympathy by releasing to the media portions of a recorded call with Tsarnaev, and that two magazine articles have been written about him. These facts have little bearing on whether Tsarnaev will attempt to spread concrete, actionable messages”.

Carmen Ortiz has punished him for this, something once again that he had no control over, and which did no harm at all.

Dzhokhar’s mother only wanted the world to know that her son was indeed alive and now was able to speak and was now physically able to go to the prison office where he could call his parents, as FBI agents listened and recorded the call.

Spreading Jihad?

According to US Attorney Carmen Ortiz, and the FBI:

“On or about April 22, 2013, following his capture, Tsarnaev was ‘interviewed’ by FBI. During this ‘interview’ Tsarnaev reaffirmed his commitment to jihad and expressed hope that his actions would inspire others to engage in violent jihad. There is no indication that Tsarnaev’s intentions have changed since”.

Dzhokhar was severely injured. He was in critical condition after being shot by law enforcement, while unarmed in the boat, with 16 bullet wounds, intubated, jaw wired shut, left eye sutured closed, a basal skull fracture involving his C1 and C3 vertebrae, medicated, having multiple surgeries, traumatized, and sleep deprived.

In this condition, and shackled to his bed, he was interrogated for 2 days by the FBI and a Guantanamo high value detainee interrogation team.

The alleged hospital interrogation-confession made by Dzhokhar — and threat of further destruction and call to jihad — was never recorded by audio or video, and no reports were shown in court or admitted as evidence, so his jihad ideas are nothing but hearsay.

We saw only a small section of notes allegedly written by Dzhokhar. These were pleading to please let him sleep, and asking for a lawyer.

His College Buddies

According to Carmen Ortiz and the FBI:

“On May 3, 2013 FBI arrested 3 ‘associates’ of Tsarnaev for their involvement, at Tsarnaev’s behest, in attempting to destroy evidence and obstruct the government’s investigation. The FBI continues to investigate whether additional ‘accomplices’ remain at large”.

The three so-called associates were simply friends of Dzhokhar’s. These friends had absolutely no knowledge or involvement in the marathon bombing as stated by the FBI. They didn’t even believe that their friend Dzhokhar, could possibly be involved. They were in shock.

Dzhokhar texted one of the friends and said,

“you can go to my room and take what’s there”,

meaning, you can go get my weed/marijuana. The friends then went to his room to do that.

They decided to take a few other things, like a backpack with leftover fireworks which they had all been using a few weeks earlier, near the Charles River.

They also took his laptop, which was in plain sight in the two friends’ apartment, not thrown away or hidden. Whatever they took or did, once again, Dzhokhar had no knowledge of or control over.

As for the FBI investigating whether additional ‘accomplices’ remain at large, the FBI and media have stated many times that the brothers were ‘lone wolves’.

He will Cause Severe Bodily Injury?????

Carmen Ortiz also believes that owing to Dzhokhar’s crimes, there is a substantial risk that his communications or contacts with persons could result in death or serious bodily injury to others. There is not the slightest evidence or basis for this.

To this we say, what is incarceration for, if not to stop people from committing more crimes? Other prisoners do not have SAM’s imposed. The only person who is at risk of serious bodily injury or death here is Dzhokhar himself!

If being incarcerated in a notoriously brutal maximum security federal prison, in solitary confinement, being monitored 24 hours a day, isn’t enough to stop a threat to public safety, then nothing would ever be enough.

Dzhokhar is a Muslim but that does not make him a terrorist. We as Christians may go to church, or hang a crucifix in our homes, and love to decorate our Christmas trees — but for us it’s called devotion and faith. Anyway, Dzhokhar is no “religious threat”.

Did US Attorney General Eric Holder examine these reasons and prove that there was justification? No. They are all unwarranted and unjustified.

ap_loretta_lynchAttorney General Loretta Lynch

Conclusion

I can’t understand how the government — no matter what a human being may have done — can inflict such cruel and unusual punishment on another human being, especially when the SAM’s are not warranted. An animal or prisoner of war has a better existence than those who are incarcerated under these conditions.

For a human being, is it excessive comfort to be able to make and receive phone calls, or to write letters and receive mail and visits from loved ones, and without an FBI agent, while languishing on death row?

You, Madam, have been blessed to achieve such an extremely powerful position. You have the power to make the world a better place for so many American citizens. You, as the head of the United States justice system can modify or discontinue the Special Administrative Measures if you determine they are not warranted.

Please do your job and examine this, and show justice. Modify the SAM’s for Dzhokhar, so he can stay in touch with his whole family that loves him very much. Remember, every person is created in the divine image of God and should be treated as such. We await your decision.

Thank you.

— Cheryl Dean and a group of friends are working hard to prevent the death of young Mr Tsarnaev.

 

 

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22 COMMENTS

  1. White backpack. He should never have been considered as a suspect. His ‘defense’ attorney performed dutifully for the prosecution by offering a confession in her opening statement and never mentioning “white backpack”.

          • Oopsie. Someone just asked me to explain the joke. I shouldn’t have assumed that all our readers saw the previous Gumshoe article, “A Singer with a Conscience.” A man was accused of putting 21 guns in his piano. He has been rotting in jail for many a year over such falsified evidence. (Martin Bryant). So there was a joke about Perth concert hall, and I expanded it here, mainly in order to put some beautiful music in yo’ face.

            No, Tiffany did not invent the measuring system. She is too busy with Chopin. Yay!

  2. Disclaimer: As I said when Cheryl Dean published her article “Prosecutorial Misconduct in the Boston Marathon Tsarnaev Trial,” on December 5, some readers are going to think Cheryl is good ol Maxwell in diguise. No way. There just happen to be a pair of us who see the Boston trial through the same spectacles.

    Gosh, what a nice photo of the young Bostonian before we all brutalized him. (And are still brutalizing him.)

  3. Not mentioning the white backpack was just one of dozens of examples of much misconduct that went on at the sham trial, yet the Boston jurors didn’t seem to see any of these discrepancies. I really wonder WHO are those blind deaf bias jurors. O’Toole has still not released their names, no wonder, they are probably too embarrassed to show their faces.

    • Either embarrassed or proud — if they were carrying out a mission. When I sat in the Moakley courtroom the jurors looked like statues. Their eyes were fixed on the judge; nobody slumped, coughed, or anything else. (That was for the trial of the ‘buddies,’ not Jahar.)

      Elizabeth, in the Comments to one of my much earlier articles on the Marathon, someone wrote in and said that the 12 “guilty verdict” signed papers from the jury should be on file but are not. Don’t look at me as I was never aware of that requirement.

      But it could be sought via Freedom of Information, I suppose. Maybe ask Jack Remington Graham, the attorney who helped Aunt Maret send the affidavit to Judge O’Toole.

      • I think they have just not been released to the public. Everything from the trial is only being released in dribs and drabs. O’toole said he would start unsealing and releasing the over 1000 sealed motions on May 30, yet not not a single one has been released so far. So much for transparency in a “public” trial

        • Elizabeth, as far as I know a judge can lose his license to practice law due to unethical behavior.
          Bill Clinton, while president, lost his law licence for 5 years, resulting from lying under oath re Monica.
          Wow. i just went to check that on google and discovered this tidbit in the NY Sun:

          “Clinton has built his charitable foundation into a major player in the delivery of anti-AIDS medicines to poor countries around the world and has joined with President George H.W. Bush in fund-raising appeals to rebuild from disasters such as the Asian tsunami and Hurricane Katrina. Mr. Clinton also has given dozens of paid speeches for fees of $100,000 to $300,000 each.”

          Steal from the rich, give to the poor — Robin Hood!

  4. Special Administration Measures were basically invented for Muslim “terrorists” supposedly to protect others. They want people to think it is to protect citizens, but it’s obvious it’s to protect FBI & CIA and other law enforcement agencies, and make sure the so called “terrorists” never get to tell their story-the truth.

    • If I may be economical with ideas here, I’ll just copy something that was said in the Comment sto the previous article, about Martin Bryant. You can substitute “Jahar”:

      “Every one of the individuals who participated in the prosecution of Martin are dirty rotten scoundrels. I hope Mum is still in good health when he’s finally released and the scoundrels take his place in prison”.

      • yes, the cases are very similar. I hope exactly what you hope for. Eventually the scoundrels will get what they deserve, I just hope it’s in this life so we can witness it, but if not it will happen in the afterlife and that will be for all of eternity, even better.

  5. 1) The worst in this case is the complicity of the Media who were represented at the trial by many journalists who have seen the exhibits and willingly chose to write nothing about the truth. Americans have been lied to by their government through the media.
    The white backpack carried by Dzhokhar Tsarnaev (government exhibit 22) that turned black as it was deposited on the sidewalk (Defence exhibit 3090).
    Remember Richard DesLauriers’ statement of April 16, 2013:
    ‘In addition, this morning, it was determined that both of the explosives were placed in a dark-colored nylon bag or backpack. The bag would have been heavy because of the components believed to be in it. At this point, it is difficult to determine specific components used until we can eliminate other factors which may have been already present in the environment. In fact, that won’t be known with some certainty until the Laboratory completes its final review.’ (Ref : https://www.fbi.gov/boston/press-releases/2013/remarks-of-special-agent-in-charge-richard-deslauriers-at-press-conference-on-bombing-investigation)
    Look at government exhibit 22, the beginning of it. It shows Dzhokhar Tsarnaev with a very light colored backpack (not black). Look further at the backpack and you will notice it is hallow in the middle of it. Now tell me that a 6l pressure cooker was concealed inside of that backpack! Is this the reason he is under SAMS, so he cannot reveal his backpack does not match what the Boston-FBI determined to be on April 16, 2013? But it is not only Dzhokhar that is under strict SAMS, so are isf lawyers who cannot reveal to anyone that is not included on the approved FBI list, the truth about this exculpatory evidence.
    Government exhibit 29 shows the awful backpack that exploded at site 2 (Forum restaurant) so they say. However it also shows a backpack that not only does not match the backpack that Dzhokhar carried but it shows that it does not even touch the ground. So Boston-FBI what is it – did he or did he not deposit that backpack on the ground?
    At the trial the Government admitted to photo-shopping exhibit 1575. Prosecution if your case was so strong, why steep so low as to photo-shop your own exhibit? Sorry I forgot that your team includes a prosecutor that is known to plant evidences!
    The killing of Officer Collier – The US Justice department really thinks their citizens are dumb – come on who can absolutely, without a reasonable doubt, identify the Tsarnaev brothers in government exhibit 0724? If prosecutors were able to show those two mice why were they not able to show the actual act of murdering the MIT Officer? Why were they not able to show us the witness bicycling by the cruiser who stunned Dzhokhar? Do they really want us to believe that the MIT campus has only one surveillance camera and it happens to be located on the 24th floor of a building? Americans I urge you to remove your kids from MIT as it is not a safe environment for your precious kids.
    Usually while investigating, you ask a court for a search warrant and then you go and retrieve whatever you are looking for. But in the case of the killing of Officer Collier, the FBI-Boston purchased from MIT all the video surveillance tapes. Why? What are you trying to hide from the public?
    Prosecution always said they had an airtight case. Then why did you have to re-enact the scene of the MIT killing of Officer Collier if you had the evidence that proved without a doubt the Tsarnaev brothers killed Officer Collier?
    So FBI-Boston you could not prove that the Tsarnaev brothers killed the MIT officer so you had to come up with something – plant bloody gloves in the Honda. But you see this scenario has a fault. The person that had those gloves on their hands (by the way we never heard about DNA testing of the inside of those gloves at the trial!) had to remove them in order to throw them on the floor of the driver side – and to do so it had to leave some blood on at least one hand. That same hand had to reach in a pant or coat pocket to reach the key of the Honda (you showed us the blood stained car key). Was the pants/coat pocket tested for Officer Collier’s blood? We certainly have not heard anything during the trial about blood found on either brother’s clothing. As a matter of fact it was proven in court that Officer Collier’s blood was not found on Dzhokhar clothing. Was Tamerlan clothing tested for any trace of Officer Collier’s blood? Now how can you accuse them of killer Mr. Collier? This is a class text-book to teach future lawyers about reasonable doubt or how to plant evidences and hope for the best!
    The carjacking – Prosecution told the jurors that Tsarnaev tweeted: I am a stress free kind of kid. Well I guess he is a stress free kid since he was sitting on Dun Meng’s laps for the entire duration of the carjacking. Indeed, look at government exhibit 748 – Dzhokhar Tsarnaev exits from the front passenger door at the Shell station – then look at government exhibit 752 where you clearly see Dun Meng exiting, when he escape, and after Dzhokhar exited, from the same front passenger door. WOW, Dzhokahr is really a stress free kid. Remember Dun Meng testified that while he was being kidnapped, the SUV encountered a police cruiser. I don’t know about the US but I can assure you that if this happens in Canada, the police would have stopped that car.
    The gun fight with Law Enforcement on Laurel Street – Those Tsarnaev brothers have supernatural powers (no wonder the Feds are scared of them) – they can clone themselves! They were able to engage in a firefight with Watertown law enforcement on Laurel Street and at the same time being arrested andkilled on Adams Street. I have learned a long time ago that Tamerlan Tsarnaev was murdered on Adams Street, and defense, at trial, gave me a good indication that I was right when they asked a witness if something else was happening on Oliver Street. Google it and you will see what I am talking about.
    This case is about the USA engaging in genocide by killing and getting rid of all Muslims. The USA is acting just like Hitler did. They have not learned from this historic event.
    2) The incredible in this case is the lack of defense for this young innocent man.
    Anyone that doubt what I have written can go and look with their own eyes at the government exhibits at http://www.justice.gov/usao-ma/tsarnaev-trial-exhibits

  6. Good bless Mary W Maxwell your the Angel for the Jahar I belived he is Innucent he lived in my heart I have my strong hope one day he free Jahar InshaAllah!!

  7. Oh rapture! I just found someone quoting Patrick Henry (1775) at the Age of Autism website. Here it is:

    “They tell us, sir, that we are weak – unable to cope with so formidable an adversary. But when shall we be stronger? Will it be the next week, or the next year? Will it be when we are totally disarmed, and when a British guard shall be stationed in every house?
    ….The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave….it is now too late to retire from the contest. There is no retreat, but in submission and slavery! Our chains are forged, their clanking may be heard on the plains of Boston!”

  8. Violent jihad??? Please! We all know, including Ms. Ortiz and all of the prosecutors and judge, that Dzhokhar is innocent. The only thing the government is afraid of is that Dzhokhar could tell the truth about what happened.

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