12 November, 2013

Dzhokhar Tsarnaev, Defender of the Constitution - Andrew Cohen - The Atlantic

Dzhokhar Tsarnaev, Defender of the Constitution - Andrew Cohen - The Atlantic: Even if you have little sympathy for Boston bombing suspect Dzhokhar Tsarnaev, you ought to support his lawyers' efforts to curtail the government's sprawling use of so-called "Special Administrative Measures" in his case. Whatever you think of him, and the capital crimes of which he stands accused, he has a right to counsel, a right to counsel who can privately and effectively communicate with him, and the Justice Department's efforts to undermine that right in this instance are unfair and perhaps even unconstitutional.

First employed in 1996, SAMs are designed to prevent criminal defendants— before, during or after their trial—from inciting violence behind bars through secret communications with their lawyers or others. The attorney general may authorize the prison's restrictions on an inmate's mail, on his telephone calls, and on his visits with lawyers or access to media, if he or she finds 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."