Finally, we see him!!!

Dzhokhar (Jahar) Tsarnaev’s last pre-trial hearing took place Thursday, December 18 at 10am. Drone footage shows him being brought into the courthouse around 6am wearing shackles and an orange jumpsuit. He looked thin and seemed physically weak. The courthouse entranceway was a zoo, with a huge crowd of reporters, Homeland Security, FBI, police and protesters even before 8am. The massive audience filled the courtroom, plus two overflow courtrooms and the jury assembly hall, where the proceedings were shown on livestream video. About a dozen people identifying as victims of the Boston Marathon bombings also attended. Those watching on video were able to hear the judge clearly and see the defendant’s face while those experiencing the hearing live saw only his back.

Jahar sported wild, unkempt curly hair that was almost an afro, standing many inches above his head. He has grown a short beard. His eyes were downcast most of the time. He touched his face and nose a lot. His feet remained in shackles, while he sat in a relaxed slouch with his knees open throughout the 25 minute hearing. His facial expression seemed a bit weird and befuddled - quite intense yet not quite there - perhaps a side effect of being kept in isolation for over a year. He seemed almost disoriented, but maybe he was just exhausted from being hauled out of bed in the middle of the night. A supporter later asked his mother if he was taking medication and was told no, he won’t even take aspirin for a headache. He was wearing a black sweater over a white button-down shirt and slacks for court.

Judge O’Toole asked Jahar whether he had voluntarily chosen not to be present for any of the previous hearings; whether he had been kept up to date on the proceedings; and if he was happy with his representation. Jahar answered, “Yes, sir” to the first two questions and “pretty much,” or “very much” to the last question. This is the first time the public had heard his voice since he pled “Not Guilty” in 2013. The rest of the hearing was nothing special, just going over the motions. Judy Clarke patted him on the back a few times. Until…

As Jahar was handcuffed and taken out of the courtroom after the hearing, a woman in the courtroom started yelling loudly in Russian: “There are many people here supporting you. We are praying for you. We love you. We know you are innocent! Stay strong, my son!”

Onlookers report that he heard these words and smiled, although he did not turn around.

“I'm pretty sure his lawyers were not happy! Lol! I saw Miriam Conrad's face was like a wtf moment ... But I can tell Jahar was relieved. Jahar appreciates It,” stated an onlooker.

As the US Marshalls escorted her out, Elena shouted in English, “Stop killing innocent people! Stop killing innocent boys!”

Elena Teyer, US veteran and the mother of Ibrahim Todashev’s widow, then suddenly gave an impromptu press conference to hoards of reporters for the next one and half hours outside. Thank God! It worked out very beautifully that way because of the gag order that prevents Jahar’s lawyers from even stating that their client is innocent in public. Even the prosecutors made no statement to the press. Elena passionately defended Jahar’s innocence and all his friends. She decried all of the lives that have been destroyed because of FBI lies and games.

The ongoing arguments between the defense and prosecution are that the defense wants a “continuance” - in other words, more time to prepare. The government is demanding (and I would say bullying) the defense to provide detailed information about witnesses, even though it has been made clear that the witnesses are feeing too intimidated.

About 8 protesters held up placards after the hearing. About half were from out of state while the rest were local. One sign read: “Got proof? Innocent until proven guilty.”

There was a moment where a Bostonian named Marc who had lost half of one leg in the Boston Marathon bombing, waved his empty pant leg at the demonstrators. “We all wished we could have talked to him longer. He said something about what was found in the dorm room and I said have you never played with fireworks? We have to make sure we got the right guy!! It’s important. He reportedly told me to get a job LOL,” said a local supporter.

see video: https://www.youtube.com/watch?v=ClmT70PfZRI

What was most astonishing about this hearing is that the government continues to waste the public’s time by insisting that a certain Ms. Vogelbruck be denied as a witness, because as a social worker she has interviewed a lot of people who ever knew the Tsarnaev family. Weinreb argued with his familiar smirk that he needs to know what she might say, in order that he could come up with an appropriate comeback.The government isn’t playing fair.

This is a government prosecution that was able to feed HBO and the History Channel all the statements they wanted to make, extra legal. I’d look into the government cable TV link.

The ongoing “live dispute” pertains to the list of witnesses who might testify as character witnesses in the event of a Guilty decision.

Jahar seems resigned as a noble Chechen would be, to the fate of Allah.

He absolutely refuses to plead guilty for a crime he did not commit.

Palestinian Woman’s US Citizenship Revoked

TMO 

Karin Friedemann is a TMO columnist.  Her opinions are her own.

“When she was 21, in 1969, Rasmea Odeh was arrested in the middle of the night by Israeli soldiers at her home, and for twenty-five days her interrogators tortured her,” Charlotte Silver reports in the Nation. “She was beaten from head to toe with sticks and metal bars; her body, including genitalia and breasts, was subjected to electric shocks after she was forced to watch a male prisoner tortured to death in this very way. All the while, she was told she would die if she did not confess. But it was not until they brought in her father, threatening to force him to rape her, that she agreed to sign a confession stating that she had helped orchestrate two explosions in West Jerusalem that killed two civilians. Even then, her torturers raped her with a thick wooden stick.

“Standing before a military court less than one month later, Odeh renounced the confession. But the panel of judges ignored that, and Odeh was sentenced to ten years plus life in prison. Ten years later, she was released in a prisoner exchange, along with seventy-five other Palestinians.”

45 years later on October 22, 2013, Odeh, 67, was arrested by Homeland Security at her suburban Chicago home. She was accused in federal court later that day of responding incorrectly to a question on her naturalization application ten years ago. In front of a courtroom packed full of supporters on November 10, after just two hours of deliberation, the jury declared Odeh guilty of “unlawful procurement of citizenship.”

The case against Odeh centers on her failure to disclose on her US immigration papers her 1969 conviction in an Israeli military court. The US Judge Gershwin Drain absolutely refused to allow the jury to hear Odeh mention the circumstances of her false conviction by torture. Odeh insisted that she’d always believed questions she’s been accused of answering falsely were asking about her time in the US, not Palestine.

“If I knew it was about Israel, I would have said, “ Odeh explained. “It’s not a secret that I’ve been in jail. Even the embassy knows.” The US embassy in Israel became involved in the initial arrests because her father was a US citizen.

Odeh was then detained as a “flight risk” awaiting sentencing to take place on March 10, 2015. Her attorneys refuted the government attorneys’ assertions that she was a flight risk. Odeh rejected a plea deal that would have seen her deported without serving jail time. She chose to fight to remain in the US where she has strong community ties.

University of Illinois-Chicago (UIC) professor Nadine Naber, who first met Rasmea back in 2006, testified to Rasmea’s work changing the lives of hundreds of Arab immigrant women by creating a collective space for them. She testified about Rasmea’s character, a truthful person and community mentor.

Judge Drain told Odeh she would not be allowed to speak about her Israeli torture experience, stating he did not want to “retry the case” of 1969.

“It’s my life. I have a right to talk about the things that happened to me!” she responded.

The judge restated that testimony referring to torture or her forced confession was inadmissible. Rasmea nevertheless delivered a heartfelt testimony to the court, detailing her family’s history through the Catastrophe of 1948, the 1967 war, and the 1969 raid on her home. But when Odeh told the court that she spent 45 days in an “interrogation center, prosecutor Jonathan Tukel objected. Judge Drain sustained the objection.

Defense attorney Deutsch asked her if she was convicted.

She answered, “They convicted me falsely.”

The government objected and the judge sustained the objection. Judge Drain barred Rasmea from using post-traumatic stress disorder as a defense.

Hatem Abudayyeh, executive director of the Arab American Action Network (AAAN) told the Electronic Intifada, “This was not a full or fair trial.”

“Palestinian people around the world are doing effective work; we’re getting stronger and stronger and Israel is on the ropes. And when Israel is on the ropes, the US government cracks down,” he added.

This horrifying, targeted federal prosecution seems to be linked to a federal investigation of Chicago area Palestinian and Colombian human rights activists led by Assistant US Attorney Barry Jonas in 2010, in which the FBI conducted simultaneous raids on the homes of seven community members in the Chicago area, seizing their computers with search warrants that stated they were looking for hints of “material support for terrorism.” Twenty-three other activists were subpoenaed by grand jury, as well as a subpoena of AAAN records.

Jonas, who also prosecuted the secret government case against the Holy Land Foundation, was seen actively consulting with the assistant US attorney that presented the case against Odeh, reported the Detroit Free Press in an article written by former political prisoner, Angela Davis.

“As a person with first-hand knowledge of the devastation wrought by politically motivated prosecutions — during the era of COINTELPRO, I was falsely charged with three capital offenses — I see Rasmea Odeh’s case as a continuation of the embarrassing history of decades of suppression of social justice activists in the U.S.

The courts are being used to retaliate against Palestinian activism,” wrote Davis.

Odeh told her tear-filled supporters that filled the courtroom: “I don’t want to be weak in this situation. I am strong and I ask you all to be strong.”

Homeland Security Agent Caught Lying at Hearing

TMO 

Robel Phillipos (center) arrives for a hearing in his case at the federal courthouse in Boston, Massachusetts May 13, 2014. REUTERS/Brian Snyder

Three friends of Dzhokhar (Jahar) Tsarnaev: Dias Kadyrbayev, Azamat Tazhayakov, and Robel Phillipos went before Judge Woodlock May 13-15, 2014 and sat through three full consecutive days of FBI and Homeland Security testimony. Dias Kadyrbayev was poised to testify regarding the nature of his detainment, interrogation, and arrest, but did not end up testifying.

There were only a few observers in the courtroom other than the media; Boston marathon bombing victim Marc Fucarile, and a few family members and friends of the defense. Dias and Azamat, accused of obstructing justice, and Robel, accused of lying to the FBI, had filed motions to dismiss the charges, which Judge Woodlock denied. He agreed to hold three separate trials for the defendants. Azamat will go first on June 30, 2014, followed by Dias on September 8 and Robel September 29. The judge denied the defense request for a trial outside Boston.

Most of the hearing focused on whether or not statements made by the defense while in custody of the FBI were voluntary, when they were detained without a warrant from 9pm until 5am the night of April 19, 2013. There was also the issue of whether or not their English was sufficient to understand what was going on and what they were signing.

The apartment near UMass Dartmouth was shared by the three students. They had a group cell phone plan that was billed to the home under the name Tsarnaev. A couple hours after police killed Jahar’s brother Tamerlan Tsarnaev, while Jahar was still on the run, one of these phones was used in the New Bedford home at 10:06am on April 19. It was Azamat calling his mom in Khazakstan. Shortly after Tamerlan was announced dead on TV, someone used the phone to text his parents in Dagestan. The FBI sent a SWAT team to raid the house without a warrant. Jahar was not there, but Dias, Azamat and Bayan were taken into FBI custody.

FBI Agent Walker testified that they were not under arrest, but they had accepted an “invitation to talk” at the police barracks in North Dartmouth. Walker said he was “not sure” if they were read their Miranda rights before they confessed to removing a backpack full of spent fireworks from the home, or before signing documents giving permission to search their computer, apartment and car. The boys were friendly and cooperative. While they were there, Dias’ attorney called saying he wanted to represent the boys but they were not informed of this. Dias had asked, “Do we need a lawyer?” and was told, “We can’t offer legal advice.”

FBI agent Azad testified that he told them they were not under arrest. They were having a friendly back and forth conversation. Dias asked repeatedly to see his girlfriend, Bayan, and was told, “Soon.” He also asked, “Are we almost done?”

At one point, Dias said, “I think we are being held against our will.” Walker testified that the FBI called a taxi, which pulled up out front, but could not explain why the boys did not get in. Attorney Stahl clarified that the FBI had taken away their wallets and keys.

Stahl asked why they did not arrest the boys. Walker said they were not sure if they had probable cause. They were waiting for the District Attorney’s office to tell them how to proceed.

Azamat’s attorney Nicholas Wooldridge cross examined Walker. “If you believe there is probable cause, you don’t need to consult with prosecutor.”

Walker responded, “We preferred to consult with DA first.”

Stahl asked FBI Agent Serillo, “Did Dias ask for a shirt or blanket?” Serilla answered, “I don’t recall.”

“The agents honestly felt scripted and were repeatedly thrown off by Stahl’s questions, answering, ‘I don’t recall…,’” court observer Jennifer told TMO.

Early in the morning, six FBI agents in 3 cars drove the boys home. They entered the home with their permission and removed two items belonging to Jahar: a baseball cap and an ashtray.

That same afternoon, the home was raided again by 12 government agents. FBI agents Quinn and Azad interviewed them for one hour. Azad testified that the boys had a “friendly and pleasant demeanor” and “had no idea what was to come.”

After they signed a consent for the FBI to search the apartment, they were handcuffed. Even though it is not normal for Homeland Security to deal with such technical matters, Homeland Security Agent Wiroll arrested them for student visa violations. He read their Miranda rights but there was no Russian translator present. The boys were forced at gunpoint to remove their shirts and walk backwards out of the apartment with their hands in the air. Even though Dias was handcuffed and put in the back of a police car, Walker testified that he was free to leave anytime he wanted, if he just had said, “I want to leave.”

In the back of the car, Walker told Dias, “Jahar’s life is over. Whether he’s still living or not, his life is over. He’s dead one way or another. Your life is not over. Yours doesn’t have to be. You must tell the truth. You have to tell me right now. Don’t make a mistake.” 

“It was disturbing to hear him to say it like that,” a supporter named Ana told TMO. “But in a way he is doing whatever he can to get this to be fair to the boys. He is responsible for their arrest.” 

Homeland Security agent Jameson Wiroll testified for at least 15 minutes that Dias did not need help with translating and that no Russian was spoken. But when Wiroll was double cross examined, he changed his story regarding whether or not Dias needed help with translation before he signed documents including a highly unusual immigration form where he “confesses” to throwing away the fireworks (something an FBI agent told the HSI agent to add). 

“It is not normal to include extra information not related to the subject a person was brought in for,” observed Attorney Stahl. Wiroll testified that he added it as “background information.” Stahl then pointed out on the same document that the Consul from Khazakstan was present and had helped with translating. The Judge said, “I’m confused.” Wiroll then admitted that Russian was spoken and they needed help with translation. 

Wiroll has a history of giving false testimony. He was named as a defendant in a 4th amendment violation civil case against the town of Rockport filed by James Atkinson involving a 2009 weapons case where all the charges against Atkinson were dropped because the local cops and FBI were found to have fabricated evidence, and used illegal wiretapping. 

According to a government transcript of a phone call from the Essex County jail to Bayan on May 24, 2013, Dias lamented about how he was treated after he had fully cooperated with law enforcement. “Everything that we did — everything that I did, everything that I signed, I signed it on my own. They asked me, right, “Will you give permission?” and I gave. But, then how they [trashed the place]… like pigs.”