The second Boston Bomber, Dzhokar Tsarnaev was taken into custody Saturday night, and the circumstances of his arrest and what subsequent investigations have revealed opens up an entirely new can of worms.
A badly wounded Dzhokar was found hiding in a boat in the backyard of a man who called 911 after he became suspicious of what was going on in his backyard.
David Henneberry had gone into his garden for a cigarette after police lifted restrictions on people leaving their homes, believing the bomber had left the area. He noticed that the cover over his boat had blood on it and a strap had been cut. He went back into the house to get a stepladder and looked inside.
His stepson Robert said: “He stuck his head under the tarp and noticed a pool of blood and something crumpled up in a ball. Instead of being a hero of the moment and yelling at what we now know was the suspect, he did the right thing and called 911.”
In spite of the fact that the SWAT teams had Dzhokar cornered and knew he was badly wounded, neighbors said they heard more than 30 shots after police swarmed the scene, and several explosions that were probably police concussion grenades.
The boat was riddled with shots to the point that the fact Dzhokar was taken alive is amazing. It's interesting to speculate whether pulling a corpse out of that boat was the intent.Dead men, after all, tell no tales.
Dzhokar Tsarnaev (murderous irony) is now handcuffed to a bed in Boston's Beth Israel Deaconess Medical Center, where 11 victims of the bombing are still being treated. He's too badly wounded to be interrogated at present according to the authorities.
Even more interesting is how his arrest is being treated. Dzhoaker Tsarnaev is a fully naturalized American citizen,presumably with all the rights guaranteed under the Constitution, Yet the Obama Administration's Justice Department has said that Tsarnaev is not going to be given his Miranda Rights and that when and if he's able to be interrogated, they're going to invoke a recently legislated 'public safety exception' that will permit him to be interrogated without being Mirandized and having an attorney present, and will allow anything he says to be used against him in court. In other words, it's essentially a flushing of his Fifth Amendment rights.
Among other things, this points out the ridiculous nature of the Warren Court's stretching the Fifth Amendment out of shape with the Miranda decision, but wait, there's more.
The 'public safety exception' is designed to be invoked when the feds have what's referred to as a reasonable need to protect themselves or the public from 'a clear and present danger'.
Well and good, but Boston Police Commissioner Ed Davis among others has said clearly that while the authorities are not certain there aren't more caches of arms and explosives to be found, the people of Boston are safe and the lockdown of the city and surrounding areas has already been removed. Not only that, but other members of a major terrorism cell of whom the Tsarnaev's were a part have been rounded up, on which I'll have more to say in a minute.
My point here is that Tsarnaev's rights are being waived, and according to Boston's own police commissioner the 'clear and present danger' description doesn't apply.
However with Tsarnaev being questioned under this exception, any knowledge of what he says or doesn't say is filtered by what the feds say he said, and unverified by an independent source like an attorney.
Not only that, but if he's reclassified as an enemy combatant, which is already being discussed by the Justice Department, we're not going to see a public trial. And under the provisions of the 2012 NDAA Act (specifically, Section 1021) for the "indefinite detention of American citizens without due process at the discretion of the President", Tsarnaev,if he survives, can simply be held without trial for the rest of his life.And so can anyone else President Obama decides it would be a good idea to imprison for whatever reason.
Under section 1021, the president could legally imprison his caddy without trial for handing him the wrong golf club.
What this means in real terms is that a coverup of what happened in Boston, why it happened and whom was responsible is dead simple.
And as we find as we look a little more closely, there's a fair amount the Obama Administration and its security appointees might very much want covered up.
First, there's the little matter of how we treated Russian intelligence when it came to the older brother Tamerlan Tsarnaev when he traveled to Russia and parts unknown for six months. The Russians made a formal request for information on Tamerlan. because they knew he was a follower of radical Islam, were worried he was in contact with radical groups and were concerned about him traveling to Russia. Tsarnaev visited Dagestan and Chechnya, and may very well have gone elsewhere. It isn't a problem for a totalitarian government to put someone on a list and give orders not to stamp his passport.The Iranians, for instance, did it for a number of escaping al-Qaeda fighters en route from Afghanistan after we invaded, just as they did for the 9/11 hijackers.
Not only did the FBI sluff off the Russian request with a few inconsequential details, they never followed up by investigating the brothers after Tamerlan returned to the states.
There was virtually no checking of Tamerlan's associations when it came to his younger brother Dzhoaker application for a green card and later for citizenship, let alone Tamerlan himself who was a legal permanent resident.
Nor were either of the brothers placed under surveillance. There was no attempt to monitor them even after the Russian warning, and no one bothered to monitor the jihadi material Tamerlan was promoting via social media.
There's also a great deal of chatter about the Tsarnaev's being part of an organized jihad cell. What we know for a fact at this point is that is that several other people with ties to jihadi groups in the Boston area been arrested.
We also know that jihadist groups in the Caucasus have received funding from Saudis.
And we know that despite what DHS chief Janet Napolitano said, Abdul Rahman Ali Alharbi,a Saudi national with major family and clan ties to al-Qaeda has a file created under the name “Abdul Rahman Ali Al Harby” at 4 p.m. on Tuesday by an official with the National Targeting Center, a counterterrorism sub-agency that's part of the Department of Homeland Security.
It specifically states that Alharbi is “linked to the Boston bombing” and was to be processed for revocation of his visa based on national security grounds.
As you'll remember, Alharbi somehow went from suspect, to 'person of interest' to 'cleared' after Saudi Foreign Minister had private chats with Secretary of State John Kerry and President Obama. And lo and behold, according to the Saudi paper Okaz Alharbi had a personal visit in the hospital from none other than First Lady Michelle Obama.
In fairness, Mrs. Obama visited other victims of the bombing, but in view of the personal, hands on intervention of the Saudi Foreign minister and Alharbi's background,let's just say it seems questionable to me.
You'll remember that President Obama ended post-9/11 restrictions on Saudis entering the US three months ago and gave them special, preferred status.
If Saudis were involved, that would constitute a nasty problem for both the president and the Saudis.
Aside from reflecting badly on President Obama's unilateral decision to
change U.S. law to let Saudis in without restrictions or background
checks, there's a multi-billion dollar arms deal with the House of Saud
in the works, not to mention this president's fondness for Islam and
Islamists, all that oil, and continued Saudi access to America.
So cooperating in cleaning things up and indulging in
coverup ala' Benghazi, Fast and Furious and numerous other
incidents would not only be win for the Obama Administration but a natural win-win for both sides.
That could very well explain why the Swat teams made a pretty fair try at seeing to it that Dzhokar Tsarnaev wasn't taken alive, and when it turned out he survived, why the Obama Administration is setting it up so that he can be imprisoned indefinitely and kept hidden away where anything he says can be safely filtered.