United States v. Dzhokhar Tsarnaev

Continuation of Part 1. Heather and Tom Frizzell further discuss the July 31, 2020 First Circuit Court decision to overturn Dzhokhar "Jahar" Tsarnaev's death sentence. In this episode, we talk about the remainder of the appellate rulings and the significance of the "smaller" issues, including the far-reaching consequences of anti-Muslim bias, new case details revealed by the decision, and the vacation of three of Jahar's convictions in the guilt phase. We also discuss the political reaction to the decision, next steps for the appeal, and what you can do to help. Read the First Circuit decision here: http://media.ca1.uscourts.gov/pdf.opinions/16-6001P-01A.pdfhttp://usvtsarnaev.orghttp://twitter.com/USvTsarnaevhttp://facebook.com/USvTsarnaevEpisode music: "The Complex" by Kevin MacLeodhttp://www.incompetech.com

Heather and Tom Frizzell discuss the July 31, 2020 First Circuit Court decision to overturn Dzhokhar "Jahar" Tsarnaev's death sentence. In this episode, we talk about the issues the defense won on, as well as the four biggest takeaways from the decision: Judge O'Toole's failure to properly vet jurors for bias during voir dire, the debate over failure to change venue, new revelations about Tamerlan Tsarnaev's involvement in the 2011 Waltham triple murders, and Tom's theory that Jahar was denied effective assistance of counsel. We also discuss why it's important that Jahar never pled guilty, the special defenses of duress and undue influence, Heather's critique of "radicalization" as a concept, why the taint of inaccurate pretrial publicity is still haunting this case, the First Circuit judges' own anti-Muslim biases, and more. Continued in Part 2.Read the First Circuit decision here: http://media.ca1.uscourts.gov/pdf.opinions/16-6001P-01A.pdfhttp://usvtsarnaev.orghttp://twitter.com/USvTsarnaevhttp://facebook.com/USvTsarnaevEpisode music: "The Complex" by Kevin MacLeodhttp://www.incompetech.com

Tom "Attorney Dad" Frizzell joins Heather for a legal breakdown of Dzhokhar "Jahar" Tsarnaev's December 2019 appeal hearing. We discuss the most potent of the appellate team's legal arguments, including the Patriarca rule, the failure of Judge O'Toole to ask potential jurors content-based questions about their exposure to pretrial publicity, and the two seated jurors who lied during voir dire. No ruling has been made yet, but we also talk about potential steps forward, whether or not the First Circuit judges rule in Jahar's favor.http://usvtsarnaev.orghttp://twitter.com/USvTsarnaevhttp://facebook.com/USvTsarnaevEpisode music: "The Complex" by Kevin MacLeodhttp://www.incompetech.com

In this three-part podcast miniseries, Tom "Attorney Dad" Frizzell plays host and invites his daughter Heather to share what she learned in her Master's program in International Studies at the University of Washington. She discusses how writing her academic thesis on Dzhokhar "Jahar" Tsarnaev's case helped her better understand not just the Boston Marathon bombing, but the War on Terror, American foreign policy, and systemic discrimination against Muslims.In the final installment, she wraps up her discussion of the "micro": how the mainstream media coverage of Jahar's case fanned the flames of misinformation, which aided prosecutors in their bid to sentence him to death in 2015. Topics covered include bias from journalists, particularly from disgraced Boston Globe columnist Kevin Cullen and in the controversial July 2013 Rolling Stone article "Jahar's World;" understanding Jahar's so-called "jihadist rhetoric" as an invention of Western law enforcement; solving the riddle of the boat note, the most damning piece of evidence used against Jahar at trial; why his legal team leaned into Orientalist stereotypes to defend him; how national American politics influenced the Obama administration's stance on pursuing the death penalty for Jahar; the dubious nature of "terrorism experts" and their use by the government at trial; the dangers inherent to private intelligence firms; a hot take on "jihadists" in general, and more. (Correction: I misspeak in the episode, saying Dr. Matthew Levitt was employed by the Center for Middle East Policy. He was employed by the Washington Institute for Near East Policy.)Read Heather's thesis here: https://usvtsarnaev.org/2019/10/29/regimes-of-truth-why-everything-known-about-the-boston-marathon-bombing-is-wrong/http://usvtsarnaev.orghttp://twitter.com/USvTsarnaevhttp://facebook.com/USvTsarnaevEpisode music: "The Complex" by Kevin MacLeodhttp://www.incompetech.com

Heather dives into her process for writing her thesis, the hospital confession notes, prejudiced FBI protocols, the dubious nature of the High Value Detainee Interrogation Group, how the politics of policing Jahar relates to Guantanamo, and just how far the devastating effects of Orientalism reach.Read Heather's thesis here: https://usvtsarnaev.org/2019/10/29/regimes-of-truth-why-everything-known-about-the-boston-marathon-bombing-is-wrong/http://twitter.com/USvTsarnaevhttp://facebook.com/USvTsarnaevhttp://usvtsarnaev.org

In this three-part podcast miniseries, Tom “Attorney Dad” Frizzell plays host and invites his daughter Heather to share what she learned in her Master’s program in International Studies at the University of Washington. She discusses how writing her academic thesis on Dzhokhar “Jahar” Tsarnaev’s case helped her better understand not just the Boston Marathon bombing, but the War on Terror, American foreign policy, and systemic discrimination against Muslims.In Part One, she tackles the “macro”: how the big picture issues influenced the US government’s treatment of Jahar as a suspect in the aftermath of the Boston Marathon bombing. She discusses colonialism’s legacy in modern geo-politics, definitions of Orientalism and Islamophobia, Orientalist perceptions of the Russian-Chechen conflict, the flawed definition of “terrorism,” how the policies of America’s War on Terror were specifically crafted to oppress Muslims, and more.Read Heather’s thesis here: https://usvtsarnaev.org/2019/10/29/regimes-of-truth-why-everything-known-about-the-boston-marathon-bombing-is-wrong/http://twitter.com/USvTsarnaevhttp://facebook.com/USvTsarnaevhttp://usvtsarnaev.org

Heather is joined by Tom "Attorney Dad" Frizzell and resident historian Eric Bowsfield to discuss their initial impressions on Dzhokhar Tsarnaev's opening appellate brief. Then they take a deep dive into Dzhokhar's suppressed hospital confession, the contents of which were kept from the public until October 2018, when they were unsealed by Dzhokhar's appellate team. They look at what's there, what isn't, and the likelihood that the entire narrative of this case was created by overzealous FBI agents illegally interrogating a critically injured teenager. For episode extras and more, go to: http://usvtsarnaev.orgTwitter: @USvTsarnaevFB: Http://facebook.com/USvTsarnaevEpisode music: "The Complex" by Kevin MacLeod

Heather and Tom dive into developments in Dzhokhar Tsarnaev's appeal. In a July 2018 filing by appellate counsel, his lawyers have forecasted some of the many arguments they intend to make on appeal, which may be filed this November. We discuss venue changes; negative pre-trial publicity at the hands of a recently suspended Boston Globe journalist, Kevin Cullen; death-qualified juries; forced confessions; the discovery that prosecutors used secret ex parte filings to suppress information about Tamerlan Tsarnaev's potential involvement in a 2011 triple murder, and more. For show notes and extras, please visit: http://usvtsarnaev.orgTwitter: @USvTsarnaevFacebook: http://facebook.com/USvTsarnaevEpisode music: "The Complex" by Kevin MacLeod http://www.incompetech.com

In a special New Years installment, Heather and Tom tackle recent questions from readers and listeners. We discuss where Heather has been, prospects for Dzhokhar's appeal, alternate theories of the case, rehabilitation for prisoners, implications of Dzhokhar's sentencing statement, our hopes for the case going into 2018, and more. Be sure to check the blog for episode extras. Blog: http://usvtsarnaev.orgTwitter: http://twitter.com/USvTsarnaevFacebook: http://facebook.com/USvTsarnaev

What is an alibi defense, and does Dzhokhar Tsarnaev have one in regards to the charges for which he was convicted? Attorney Tom Frizzell returns to break down trial transcripts and help Heather determine whether Dzhokhar was involved with gathering the bomb-making materials that were used in the Boston Marathon bombing. Despite what was reported in the media, the information on the record is far more exculpatory than one might expect. Blog: http://usvtsarnaev.orgTwitter: http://twitter.com/USvTsarnaevFacebook: http://www.facebook.com/USvTsarnaev

In the final installment of our historical series, Eric Bowsfield joins Heather to talk about the history and evolution of Dzhokhar Tsarnaev’s home country, Chechnya. The region and its people have a fascinating but tragic past, facing centuries of violence and oppression at the hands of the Russian government. Together we navigate the hallmarks of imperialism, Russia’s conquest of the Caucasus, stereotypes of the Chechen ethnicity, and how all of this was used by the prosecutors against Dzhokhar at trial.Blog: http://usvtsarnaev.orgTwitter: http://twitter.com/USvTsarnaevFacebook: http://www.facebook.com/USvTsarnaev

Eric Bowsfield returns to help Heather hash out the issue of Islamophobia and how it affected the trial of Dzhokhar Tsarnaev. We discuss the basics of Islam as a religion, the definition of Islamophobia, and the difference between Islamism and Jihadism. Then, we break down the academic career of Dr. Sebastian Gorka, a top aide to President Trump with a history of being an Islamophobe, an anti-Semite, a member of a pro-Nazi group — and an expert witness for the prosecution in Dzhokhar’s case.Blog: http://usvtsarnaev.orgTwitter: http://twitter.com/USvTsarnaevFacebook: http://www.facebook.com/USvTsarnaev

Historian and fellow investigator Eric Bowsfield joins Heather to talk about historiography. We discuss how the discipline gives us the tools to study the Marathon Bombing and Dzhokhar Tsarnaev's court case as a historical event. We also share our own firsthand knowledge of living through the bombing and the lockdown of Boston four days later, demonstrating how we ourselves are primary sources of these moments in history.Heather's interview on The Young Jurks: https://www.facebook.com/theyoungjurks/videos/783457578497060/Blog: http://usvtsarnaev.orgTwitter: http://twitter.com/USvTsarnaevFacebook: http://facebook.com/USvTsarnaev

Attorney Tom Frizzell returns to dive into submitted questions about the Boston Marathon bombing and Dzhokhar Tsarnaev's case. He and Heather sink their teeth into constitutional law as they tackle the impact the case has had on the American legal system, and discuss how many times Dzhokhar may have had his constitutional rights violated. For more information, visit: http://usvtsarnaev.orgTwitter: http://twitter.com/USvTsarnaevFacebook: http://facebook.com/USvTsarnaev

Heather tackles some "alternative facts" about the note found in the boat after Dzhokhar Tsarnaev's capture. Then attorney Tom Frizzell returns to finish up our discussion about the narratives presented about the case in court: what we do and don't believe, our current theories about the events in question, and what can be expected for Dzhokhar's case on appeal.

How important is the accuracy of a story? When it’s a matter of life and death, it turns out the details matter quite a bit. Heather is joined by “Attorney Dad” Tom Frizzell to talk about the four narratives of the case: the one told by the media, the one told by the prosecution, the one told by the defense, and the one that went unspoken. Continued in Part 2.