FBI arrests three suspects in Boston Marathon bombing case

May 2, 2013

Thursday, May 2, 2013

Three college friends of Dzhokhar Tsarnaev have been arrested and charged by complaint with federal felony offenses for their conduct after the bombing.

CBS News reported yesterday that,

Azamat Tazhayakov and Dias Kadyrbayev were charged with conspiring to obstruct justice by concealing and destroying evidence. A third man, Robel Phillipos, was charged with lying to investigators about the visit to Tsarnaev’s room.

Azamat Tazhayakov and Dias Kadyrbayev have been accused of going to Tsarnaev’s room on campus after the bombing and removing a laptop computer and a backpack containing fireworks from which the explosive gunpowder had been removed. One of the young men attempted to dispose of the backpack by throwing it in the garbage. FBI agents recovered it from a landfill. They also seized the laptop.

The three young men were in federal court yesterday for their initial appearances.

In a court appearance Wednesday afternoon, Tazhayakov and Kadyrbayev waived bail and agreed to voluntary detention. Their next hearing is scheduled for May 14.

CBS Boston reports that federal Magistrate Judge Marianne Bowler admonished Phillipos in court, telling him to pay attention and not look down during the proceeding.

After the hearing, attorneys for the three spoke to the press briefly.

Harlan Protass, Tazhayakov’s attorney, said his client “feels horrible and was shocked to hear that someone he knew at UMass-Darmouth was involved with the Boston Marathon bombing.”

“[Tazhayakov] has cooperated fully with authorities and looks foward to the truth coming out in the case,” Protass said.

Robert Stahl, Kadyrbayev’s attorney, insisted his client had nothing to do with the bombing and has been cooperating with investigators.

“Mr. Kadyrbayev did not know that those items [reportedly taken from Dzhokhar’s dorm room] were of any evidential value,” Stahl said.

Whether the three young men had any foreknowledge of the bombing and did anything to assist their friend remains to be seen. As I have previously said, complaints in federal felony offenses are used to provide a legal basis to hold people until a grand jury returns an indictment.

The hearing on May 14 will be a preliminary hearing to determine whether probable cause exists to support the charges in the complaint. Magistrate Judge Marianne Bowler will preside over the hearing. An FBI agent will testify for the government regarding the factual basis for probable cause and defense counsel will have an opportunity to cross examine the agent.

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Does Chris Hedges Have Standing To Sue Barack Obama and Leon Panetta?

January 17, 2012
Gavel Sculpture at  Ohio Judicial Center by Andrew F. Scott (photo: afsart, flickr)

Gavel Sculpture at Ohio Judicial Center by Andrew F. Scott (photo: afsart, flickr)

(h/t to Liz Berry at Firedoglake for alerting me to Chris Hedges’s lawsuit in her post yesterday)

Chris Hedges recently filed a lawsuit against President Barack Obama and Secretary of Defense Leon Panetta in the United States District Court for the Southern District of New York, which is located in New York City. He is challenging the constitutionality of the National Defense Authorization Act that the president signed into law on December 31, 2011. The law will go into effect on March 3, 2012.

This is the controversial law that authorizes the military to arrest and indefinitely detain anyone without a trial, including U.S. citizens within the territorial boundaries of our nation, if they are deemed to be a terrorist or an accessory to terrorism. He calls this law “a catastrophic blow to civil liberties.” I agree.

He alleges in his complaint that he is at risk to be detained under this law because, in practicing his profession as a journalist, he already has engaged in activities by spending time with and developing long-term relationships with individuals actively involved in activities to overthrow authoritarian governments that are allied with the United States. He contends that hose activities could arguably constitute a violation of this statute, given its vague and undefined terms like “substantially supported” terrorism, “directly supported” terrorism, and “associated forces” with Al Qaeda.

The Government will no doubt move to dismiss his complaint on the ground that he lacks standing to challenge the constitutionality of the statute because he has not been detained under its provisions. This argument has been successful in the past in other cases.

Hedges hopes to satisfy the standing requirement, since he intends to continue to develop relationships with and interview people who are actively involved in challenging authoritarian governments and U.S. corporate power. Given the government’s past behavior targeting and harassing peace, antiwar, and environmental groups for non-violently opposing government and corporate activity, he believes that the government will regard him as a person who supports terrorism, if he should write reports from the field that criticize the U.S. and its military. This would place him at risk to be disappeared into a U.S. gulag by the U.S. military, if the court does not act. Read the rest of this entry »


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