1 Second!

2 And first!

3 New thread Fresh smell

4 what about charging them with conspiracy? it always working in law & order reruns.

5 If they're smart their defense will be that they're all gay.

6 Breitbart's down.

7 3 first FAIL

8 "6 If they're smart their defense will be that they're allgay." If they were all Saudis it would probably be true

9 I am not anything approaching familiar with criminal law but it sounds like there's at least an argument for those charges. I don't know about conspiracy because of mens rea issues but at the very least there's a strong claim for accessory type charges.

10

Is it correct, I keep asking, that the Boston mosque where Tamerlan pitched a couple fits did not drop a single dime while the photo internet sleuths were tracking him down?

 

If true I think that is relevant in many ways. 

11 What the hell..........over charge. You can always use it as leverage. Granted, their defense attorneys may not think much of it, but a chip is a chip.

Posted by: Mallamutt, RINO President for Life at May 03, 2013 12:43 PM (OWjjx)

That's why Casey Anthony is a free woman. 

If the prosecution went for negligent homocide or manslaughter instead of 1st degree murder, she'd probably be in prison.

12 what about charging them with conspiracy? it always working in law & order reruns. RICO their asses.

13 I pre-emptively denounce myself... but I gotta say I like Rudy.

14
I strongly disagree.

Obama killed MIT officer Collins with his unnecessary, political visit to Boston
which diverted crucial law enforcement resources away from the investigation.

15 mugiwara at May 03, 2013 12:44 PM

I would think the Muslim card would be more effective in this instance and I was under the impression that playing both is against the rules.

16 I was saying this the other day.  They should be charged as accessories to the murder of Officer Collier.  They could have stopped it, but they chose not to.

17 What the hell..........over charge. You can always use it as leverage. Granted, their defense attorneys may not think much of it, but a chip is a chip.

Posted by: Mallamutt,

No, that's a very destructive impulse that has run rampant in our legal system, and, as other have pointed out, it's a gambit that's likely to lead to jaded judges and juries.

18 I would think the Muslim card would be more effective in this instance and I was under the impression that playing both is against the rules.

Posted by: Flyguy at May 03, 2013 12:46 PM (35x9C)

 

 

Worked for Obama.

19

felony murder rule.  If you are committing a felony, and one of your co-conspirators commits a murder in the furtherance of that felony, than you are just as responsible foe the murder as if you had pulled the trigger.

 

Good old fashioned felony/murder rule.

 

Plus the taking of the evidence, knowing the Vaseline was used in the bomb, Dias visiting Joker shortly after the bombing, all demonstrate prior knowledge. 

 

The throwing away of the evidence shows consciousness of guilt, not just of Joker's criminality, but probably their own

20 I disagree with him Although I think they should go to prison and bubba raped for a few years there is no way they can be linked to this One shitty thing about the law is it can be used against us by the enemy It shouldn't be used for revenge

21 Now Giuliani...he gets coffee.
 

22 Yeah, where was the mosque on this? And did the Muslim Student Association call the cops once they saw the pics? Seems like there's dozens of people who didn't do anything when they should have.

23

I'm all for any possible charges  that can be brought against any of them, regardless of how tenuous they may be.  I also want each and every victim to be brought into the courtroom, with a vivid description of their injuries.

 

I want  the bombers  to  be    made   into examples,  although I rather doubt that will happen.

24 I take it these pukes are citizens? 

25 Am I wrong to partly blame (in a very small way) this on the "twitter" culture?  Where twitter and other online behavior makes people lack empathy for strangers and nor feel a responsibility to the larger community.  ??

26 Felony Murder Rule: The first type of felony murder is when the offender kills accidentally or without specific intent to kill while committing a felony. The second, being anyone whom participates in a felony that causes death during or because of the crime they committed -------------------------- The American Law Institute's Model Penal Code lists kidnapping, burglary, felonious escapes, arson, rape, robbery, and forcible sexual intercourse as offenses under the felony murder rule. Federal law specifies additional crimes which include but are not limited to carjacking and terrorism as felony murder rule offenses.

27 Misprison? Not often.

28 I can't wait for the inevitable reveal that they were all regulars at Occupy Boston.

29 8 3 first FAIL
Posted by: Navycopjoe in sunny Waikiki at May 03, 2013 12:44 PM (HQX6o)

LOL, but I think you missed the magnificence that is my FAIL. It was actually a multipart FAIL, the first being my first post claiming to be second, then my "and first!" post being the third. Chockful of irony, overcleverness, and --dare I say it?--yes, abject stupidity.

How could I fail so galatically well in just two comments comprising a total of three words? I credit my assiduous study of our nation's leader.

30 I think they need to be asked  some direct  questions with the aid of a bare lamp cord to find out exactly what they knew  about  Tammy  and  Dzerkoff's plans ahead of time, and whether they helped conceal  evidence after the fact.

31 Breitbart.com is DOWN for everyone. It is not just you. The server is not responding... http://tinyurl.com/brh3rtd

32 Yeah, we'll look into that.

33 what about charging them with conspiracy? it always working in law & order reruns.
Don't be silly. They're not Republicans.

34 Then Taliban Johnny Lindh needs to be charged as an accessory in the death of Mike Spann.  Rope, tree, some assembly required.

35 30. Damn I just always wanted to type it Sorry

36 If the prosecution went for negligent homocide or manslaughter instead of 1st degree murder, she'd probably be in prison. 1st degree on the University LEO, 2nd degree on one of the Marathon victims, 3rd degree on another one, NH or Manslaughter on the 3rd. Cover ALL the bases. However, that's just semantics. 1st degree murder requires intent. Setting a bomb in a crowd loaded with ball bearings pretty much covers intent.

37 Hate going off topic so fast, but did anyone else hear the sound clips from douche in chief that Rush just played? He's in Mexico basically apologizing for how much we suck, and thanking them for their support in the election. I thought my outrage meter was broken, but I just discovered a whole new level of rage.

38

No, that's a very destructive impulse that has run rampant in our legal system, and, as other have pointed out, it's a gambit that's likely to lead to jaded judges and juries.

 

As a slight variation on a popular meme,   what do you think would happen if   the perps were Tea Partiers?

39 However, that's just semantics. 1st degree murder requires intent.
Setting a bomb in a crowd loaded with ball bearings pretty much covers intent.

Posted by: rickb223 at May 03, 2013 12:53 PM (pHivF)

There's no disagreement about the Kablamov brothers.  We're talking about the other three.

I don't think they can be charged with murder in any degree. 

40 Warning:  More Hollowpoint Devil's Advocacy ahead.

From what little we know, we can't know for certain that these two knew Jahar was involved.

Sure, they'd have to be pretty fucking stupid to take the actions they did without at the very least a strong suspicion he was one of the bombers.  Then again, being 19 goes hand in hand with stupid.

It's possible they believed Jahar wasn't involved, but that the stuff in his room might (in their minds) falsely incriminate him.

They were in the wrong, of course.  But out of malice or stupidity we don't know for certain.

41 I'd argue that the bombers had already murdered so by not reporting and turning in the murdering douchebag, they did in fact contribute to the officer's murder in that more death/murder was forseeable from the act they obstructed. At least one of them disposed of evidence to the crime so they are accessories to the original crime. If the feddies can prosecute Scooter Libby for a crime he didn't have anything to do with, they ought to be able to get these accomplices. I don't see that as being overly broad myself. Besides I want these fuckers broken and locked up and if they can't be executed, deported back to whatever shitholes they came from so they can look down the nose of a hellfire targeted at 'em. These people do not belong is this great nation since they don't give a fuck about it.

42

Reading and thinking about this whole situation starts moving me into the redzone. These folks need to end up as community girlfriends in prison. Damn I'm so pissed.

43

@20

If they are linked to the conspiracy  with  prior  knowledge  it can be plain old murder.  Under the felony murder rule there need not be an act of commission merely deaths  "during"  or  in furtherance of the act, transactional analysis.   The kidnapping is one felony murder basis right now.  

44 38..   I just heard 'em..  incredulous I am you guys.  The JEF is a piece.

45 "Yeah, we'll look into that."

My thoughts exactly. Holder isn't going to do shit about any of this. Except maybe arrange for a professorship at Brown or something. Holder's law firm defended bombers. Clinton pardoned a bunch of Puerto Rican bombers as a direct result of being lobbied by Holder's firm.

46 they shifted to coconspirators IMHO add in that the media and BAM! and the MASS Dem power structure wants this to vanish and they will skate on the severity they *should* face.

47 Posted by: Spypeach at May 03, 2013 12:53 PM (6xG9/) What am I missing? Did Mexico become part of the US and vote in the election. Who cares if they supported his election, they aren't American voters, right?

48 Giuliani makes a good point about the Khakestan Kidz lifting the computer--did they do that to protect themselves? The host made a good point too--surprising for CNN--he says something like-- "how the hell did they know to toss the Vaseline? They knew Vaseline goes into making the bomb--that isn't common knowledge?"

49 Mexican food gives me mens rea all the time.

50 The Baltimore Ravens are interested in signing these guys.

51 As a slight variation on a popular meme, what do you think would happen if the perps were Tea Partiers?

Posted by: BackwardsBoy, who did not vote for this shit at May 03, 2013 12:54 PM (+z4pE)

They would never have been arrested.  They'd have been killed 'while engaging law enforcement personnel.'

Then, the MFM could say whatever they wanted without opposition or a silly trial.

52 >>25 I take it these pukes are citizens? I think just one of them is. One for sure is here illegally.

53 As a slight variation on a popular meme, what do you think would happen if the perps were Tea Partiers? Posted by: BackwardsBoy, who did not vote for this shit at May 03, 2013 12:54 PM

Dick Wolfe would need new pants.

54
yeah, Obama recited some very radical anti-American campus claptrap in front of Mexican students in Mexico

55 As a slight variation on a popular meme, what do you think would happen if the perps were Tea Partiers?

Posted by: BackwardsBoy, who did not vote for this shit at May 03, 2013 12:54 PM (+z4pE)

 

 

All AosHQ commenters would be charged as accessories.

56 What am I missing? Did Mexico become part of the US and vote in the election. Who cares if they supported his election, they aren't American voters, right? Posted by: Snarky the Bear at May 03, 2013 12:55 PM (/b8+5) You have to hear it to believe it, I don't see any video or audio posted anywhere yet, but it's infuriating. I may have to start happy hour early today.

57 "I'm not sure how that's much different than obstruction of justice."

Basically the difference is if you already involved in an ongoing investigation or prosecution. Obstruction of justice only occurs when you conceal knowledge/information when you've been directly questioned about a crime by authorities (police or court) or you directly interfere in an investigation/prosecution.
Misprison of a felony occurs when you have knowledge about the felony that was committed and do not pro-actively notify the authorities to share your knowledge (i.e., the authorities don't know about you -- or even that the felony has been committed -- and/or haven't directly questioned you and you fail to come forward) *and* you actively take steps to conceal the felony (i.e., it takes more than knowing about a felony and not reporting it to qualify as misprison of a felony; you have to have actively taken steps to conceal it). 

58 Snarky MEXICO does vote in the US and the relatives back home in Mexopolis jaw with our "guests"

59 @32 Breitbart.com is DOWN for everyone.



In Obama's America, websites find you.

60 >>>I think just one of them is. One for sure is here illegally.<<<

Forget Gitmo.  Blindfold. Cigarette. Firing Squad.

61
Jokar, Nidal Hassan, Kalid Shake Mohammed, James Holmes, Jared Loughner, none of these criminals will ever go on trial as long as Obama is in office.

If any of them go on the stand and talk, people will swear they were listening to one of Obama's speeches. They all think the same way: Anti-American.

62

I may have to start happy hour early today.

 

Me too. I've wanted a shot ever since I got up.

63 Posted by: Snarky the Bear at May 03, 2013 12:51 PM

Is there a fucking echo in here?

64 I keep getting the feeling that the feds are somehow gonna screw up this case like they did with Ayers; hope that is just paranoia on my part. Nail these suckers to the wall, do anything legal and necessary to get them put away forever, or sent to their maker.


Also, was mentioned on the ONT last night the security nightmare July 4 is gonna be in Boston this year, now that we know the bombs were meant for July 4. Not to beat a dead horse, but if Boston really is worried about this, there MIGHT be someone with MA ties they can consult with, that handled a major international event with monstrous security issues not 5 months after 9/11 happened. Went off with out a hitch (well except for some French and Russian judges.) Name rhymes with Spitt Bombney. . . just a thought.


In all seriousness now, I was in SLC during the olympics; you guys have no clue how worried we were out here about terrorism. The last Olympics on US soil had a major bombing, I assumed SLC would too. Even China's olympics didn't escape unscathed, and I suspect that for all Russia's precautions their olympics next year might not either. Romney and his team did good on that score.

65

The question becomes, can you be forced to speak?

 

The Right to Freedom of Speach, must hold its antithesis... ie the Freedom NOT to speak, or it is not a Right at all.

 

We've been eroding our Rights for a couple of generations now... ever since the Constitution destroying statment that 'the Constitutiton is not a suicide pact' was made so they could ignore it, instead of the escape clause the Founders put in, ie amending it.

 

We've even gotten to the point now where we need Government Permision to perform some Rights (right to BEAR Arms).... how can it be a RIGHT, if I need Pre approval?

 

Sadly... the Legal case for this is probably sound... as the Laws today really don't adhere to the Plain Language of the Constitution...

66 41 Warning: More Hollowpoint Devil's Advocacy ahead. From what little we know, we can't know for certain that these two knew Jahar was involved. Sure, they'd have to be pretty fucking stupid to take the actions they did without at the very least a strong suspicion he was one of the bombers. Then again, being 19 goes hand in hand with stupid. It's possible they believed Jahar wasn't involved, but that the stuff in his room might (in their minds) falsely incriminate him. They were in the wrong, of course. But out of malice or stupidity we don't know for certain. Posted by: Hollowpoint at May 03, 2013 12:55 PM (SY2Kh) ************* Hey more people should do what you did here. It's possible they threw away the stuff they knew they bought for him--like fireworks. Also why not do what Giuliani suggests and charge them with aiding the murder of the MIT cop? They might bargain down by giving you more information--possibly. Also when reading the complaint one of the lamest toss away excuses I have ever read is --one of these guys says he just took the computer along with the bag because he thought the room mate would think they were stealing if they only took the bag.

67
We have to bring these illegals out of the shadows (tm).

68 36 30. Damn I just always wanted to type it Sorry
Posted by: Navycopjoe in sunny Waikiki at May 03, 2013 12:53 PM (HQX6o)

Your original comment was not about me? How is that possible? Everything is about me. Just ask me, I'll set you straight.

In other words: Oops.

69 They were in the wrong, of course. But out of malice or stupidity we don't know for certain.

Posted by: Hollowpoint at May 03, 2013 12:55 PM (SY2Kh)

I should never be a judge or work in criminal law, because regardless of whether it was malice or stupidity, I would charge them to the fullest extent possible to make an example.

70
have the Obama/CNBC balloons dropped from the ceiling yet?

15K!!

Unemployment is down!!

Let's go to war in Syria!!

71 Even China's olympics didn't escape unscathed, and I suspect that for all Russia's precautions their olympics next year might not either. Romney and his team did good on that score.

If an attack did occur in Russia, I'm not sure who I'd be more afraid of- the terrorists or the Russian authorities.

72 Some audio on the prez's speech, but probably not what you are looking for http://tinyurl.com/cwqr9lw

73 I've wanted a shot ever since I got up.

Posted by: BackwardsBoy, who did not vote for this shit

 

 

I've wanted to shoot something since I turned on the computer. Does that count?

74 71 Soothie,

You know eleventy D chess says we congratulate Obama on growing the economy by the sequester and ask why he is not cutting more?

75 I think just one of them is. One for sure is here illegally. Posted by: Y-not at May 03, 2013 12:56 PM (5H6zj) Undocumented citizen.

76 As others have mentioned: felony murder rule. It is not much of a stretch at all.

77 Is there a fucking echo in here?

The catbox needs a good cleaning.

78 The three little shits knew what was happening and tried to cover their tracks... could have called the cops when their buddy was hiding out in the dorm before the officer was killed, but probably felt that the Brothers Tsarnaev were doing the work that Al and Mo wanted them to do.

Send the four of them to the Supermax and keep them alive... if they die, they'll be looked at as being martyrs for the "cause".

79
sven, too clever

plus it's Friday; the Republicans are back home recuperating from their Thursday night hangover

80 As a fake lawyer, "misprison" is making me crazy.

Anyway, his bros showed sufficient specific knowledge of what (they thought) would obstruct the investigation to justify a misprision (or analogous) charge--and because of that, also whatever the venue-appropriate version of an abetting/"felony murder"/etc charge is. Prosecutors hit people with those really freely.

But it's not going to happen. It probably wasn't anyway--this isn't a normal railroad-the-Loser-on-murder-one-so-he'll-plead-to-murder-two case--but Rudy's informal overcharge in the press guarantees it. Nobody involved in this is going do what he tells them.

81

earlier, perhaps before the bombing but I do not know, Joker took Speed bump's car in for a repair.  On the afternoon of the 18th, before they murdered the MIT cop, Joker went to the shop looking for the car.  He was so sweaty and nervous the mechanic thought he was strung out on drugs.  The car was not ready.

 

They somehow got to the neighborhood near MIT, and Robel's apartment.  Robel, the third guy, the one charged with false statement who lied to the Feds until they found the backpack in the landfill on April 26th.   Robel, who went to high school with Joker.

 

I am not sure they did not provide some material assistance to the bomber brothers.  Today we found out speed bump called his wife that night.  We will know who else they called

 

 

82 80 Soothie,

never forget I am a believer in "win at checkers before playing 3d let alone eleventy d"

and yeah John's just about in gear

83 I'm sure it isn't a legal argument, but my instinctive reaction is that the Tsarnaevs were embarked on a continuous attack from the moment the bombs went off until boat boy was found. The buddies helped keep their, for lack of a better word, killing spree going. They knew about the bombing murders but helped them get away anyway? Guilty.

84 38 Hate going off topic so fast, but did anyone else hear the sound clips from douche in chief that Rush just played?
Posted by: Spypeach at May 03, 2013 12:53 PM (6xG9/)


Yep; just when you think he is beyond parody. Maybe he will go run Mexico after he's finished running us into the ground here? Good riddance, but not sure with their strict immigration laws he could even get into the country *eyeroll*


since ppl seem to be in need of good news, and in case was not mentioned earlier. . . that poor kid who got expelled from his HS for accidentally leaving a gun in his car, has a full scholarship from Liberty University. Kid is an Eagle Scout and honor student, they heard his plight and decided he would be perfect for them. So happy for him!
http://preview.tinyurl.com/ccx49h9

85

Robel and Joker are citizens, Dias and Azamat are not

86 IMO, "misprision" is going nowhere.  Conspiracy and felony murder can be very wide nets if the evidence is there.   Misprision would apply if they were cops, maybe.     

87

They were aiding and abetting  a  terrorist.

That's all we need to know.

88 Giuliani argues that by obstructing justice they were not just aiding and abetting Jahar after the fact, because the shooting of Collins would come later. He thinks they can and should be charged as accessories to murder. *** I've been tweeting folks at FNC since the arrest of the little bastards (Kelly, Guilfoyle, and Greta), asking whether they can be held accountable, but no answer yet.

89 IN this country, where a girl does a science experiment that causes a "POP" by a water bottle exploding and her life is now OVER, why would we want to punish ACTUAL CRIMINALS!??!

You reich wingers have just gone TOO FAR now......

90 Posted by: LizLem at May 03, 2013 01:10 PM (8wqqE) That's very nice of them, especially since he wanted to go to Liberty but could not afford to go. But, unless they drop the charges, won't this follow him around for the rest of his life and, since he has a felony, won't they prevent him from owning a gun?

91

conspiracy, murder under felony/murder rule, obstruction of justice, false statement

 

but I'm like that

92 Can Jarjar, the Islamic terrorist who survived, also be charged with something involving the running over of Speedbump? Either murder if Speedbump wasn't already dead from gun shot wounds, or if he was already dead, defiling a corpse. I just want to see Jarjar in a courtroom, preferably with his terrorist harpy mom present, being faced with poster sized photos of Speedbump with the Goodyear tracks across him.

93 I am not sure they did not provide some material assistance to the bomber brothers. Today we found out speed bump called his wife that night. We will know who else they called Posted by: Thunderb at May 03, 2013 01:07 PM (nH8jP) ************** Well supposedly they found Speed bump's cell phone at his apartment and somehow they got Jar -jars lap top. Seems like one of the "friends" turned it over. Doesn't sound like they found the lap top in the land fill for some reason.

94 Hey more people should do what you did here.
It's possible they threw away the stuff they knew they bought for him--like fireworks.
Also why not do what Giuliani suggests and charge them with aiding the murder of the MIT cop?
They might bargain down by giving you more information--possibly.

Regardless of their intent, they should come down hard on them.  Even if they truly believed their friend to be innocent, they hid evidence.

They might not know anything of interest, but the authorities can always drop charges as appropriate.

I'm a little leery about prosecuting someone for not doing something (failing to call the FBI).  Likewise, charging someone as an accomplice if (and it's a big "if") they didn't know or believe him involved makes me nervous.

According to the article, they tossed the backpack only two hours before the policeman was murdered.  In my opinion it's unlikely the authorities could've acted in time to have made a difference.

95 misplace parenthesis on that statement! I didn't mean to imply that the FNC hosts are little bastards.

96 O/T  *Happy Dance*  I fixed my Keurig!  Thank you, internet!

Sorry.  Carry on.

97

I don't think they found the laptop in the land fill.  It wasn't in the affidavit.   I don't think they turned it over either. 

 

Remember Dias and Azamat's apartment was searched when they were arrested on 19 Apr for visa violations.  I think Dias kept it

98 85 that poor kid who got expelled from his HS for accidentally leaving a gun in his car, has a full scholarship from Liberty University. That is good news!

99 84 I'm sure it isn't a legal argument, but my instinctive reaction is that the Tsarnaevs were embarked on a continuous attack from the moment the bombs went off until boat boy was found. The buddies helped keep their, for lack of a better word, killing spree going. They knew about the bombing murders but helped them get away anyway? Guilty. Posted by: Lincolntf at May 03, 2013 01:09 PM (ZshNr) ********** I wonder if they knew about their Times Square NYC plan? These are the same friends pictured with Jahjar in Times Square in April of 2012.

100 O/T *Happy Dance* I fixed my Keurig! Thank you, internet! *** Hell, yours broke? My experience has been that they ever break.

101 And back on topic, fry the bastards.  All of them.

102 Yes, he can be prosecuted for murder of speed bump. Under felony murder rules, people have been prosecuted for murder when police shoot accomplice.

103 So asshole is in Mexico pushing amnesty....

104 shouldn't cause of death be released today since speed bump finally got picked up from the morgue?

105 98 I don't think they found the laptop in the land fill. It wasn't in the affidavit. I don't think they turned it over either. Remember Dias and Azamat's apartment was searched when they were arrested on 19 Apr for visa violations. I think Dias kept it Posted by: Thunderb at May 03, 2013 01:15 PM (nH8jP) ************** CBS says that the FBI now has the lap top... You think they just found it later--without Dias handing it over or pointing them to it?

106 never...

107 If he says he saw a movie that insulted Mo, he walks. Hillary and Rice, the intellects of the White House, will rise to his defense and look for someone else to jail.

108 When the L&O episode is written, the brothers will be transformed into evangelical christians.

109 If they are found to have destroyed or removed evidence from his room, then they are co-conspirators to commit terrorism and should be tried as enemy combatants to the United States.

You are the company you keep.

Actions DO have consequences, despite what the left thinks.

110 Conspiracy? The assclowns were aiding the brothers escape from Boston in order to plant more bombs in NYC. As a result, a man was kidnapped & robbed, a cop shot up and in serious condition and a second cop murdered. So, they weren't part of the conspiracy to bomb the marathon but to bomb NYC.

111 CBS says that the FBI now has the lap top...

Posted by: tasker at May 03, 2013 01:18 PM (r2PLg)

I'm eager to see what they can recover from it.  Besides all the goat porn, I mean.

112 Charge 18 U.S.C 1519
Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

Charge 18 U.S.C. 371
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.
If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.

Who needs the additional accessory charge? There is enough material evidence to prosecute them under these statutes which include those legal elements (and penalties).

Plus I disagree with dopes like Dershowitz who say the obstruction charge is weak and meant to pressure them into giving up more. It's meant to cover their actions as accessories both before and after the fact.

113 It's not "misprison of a felony," it's "misprision of felony." I was taught that misprision of felony is rarely charged in federal court, if ever. They'll charge obstruction and false statement 18 USC 1001 before misprision. Also, there's no felony murder rule in federal law and I doubt Massachusetts has it, either. Oklahoma, Texas, and California do, among others.

114 They might not know anything of interest, but the authorities can always drop charges as appropriate. Yep, that would be a move--I want them scrambling and squirming--see if they come up with more. I'm a little leery about prosecuting someone for not doing something (failing to call the FBI). Likewise, charging someone as an accomplice if (and it's a big "if") they didn't know or believe him involved makes me nervous. ******** Interesting point reminds me of the inactivity argument against ObamaCare.

115 112 CBS says that the FBI now has the lap top... Posted by: tasker at May 03, 2013 01:18 PM (r2PLg) I'm eager to see what they can recover from it. Besides all the goat porn, I mean. Posted by: Heralder at May 03, 2013 01:19 PM (+xmn4) ************** LOL! Damn it was chugging coffee.

116

the lap top was no mentioned in the affidavit for the brothers or the three amigos.  It was not found in the landfill.  They just started reported that they had it yesterday afternoon.  I think Dias took it, kept it, perhaps hid it or gave it to someone.  He seemed to be running the clean up crew, as it were. 

 

When Dias and Azamat were arrested at their apartment on the 19th, Azamat was smiling according to a neighbor.  The FBI was telling him to get the smile off his face. 

 

I think they thought they covered their tracks.  I doubt they gave up the laptop or we would've heard about it sooner.  I think they wanted the laptop more than anything, not as an after thought because the laptop would point to them as being involved in some  fashion and providing some support.

 

Charges are going to be added IMO.  I think they just charged what they did to hold them for now.  There will be more

117 " If he says he saw a movie that insulted Mo, he walks. Hillary and Rice, the intellects of the White House, will rise to his defense and look for someone else to jail. " Maybe not Hillary, she's running in '16 and has to pretend to be tough on terrorists until after she gets elected. Then she can commute the murderer's sentence, or even pardon him, because he's like Holden Caulfield and all.

118 112 CBS says that the FBI now has the lap top...
Posted by: tasker at May 03, 2013 01:18 PM (r2PLg)

I'm eager to see what they can recover from it. Besides all the goat porn, I mean.

Posted by: Heralder at May 03, 2013 01:19 PM (+xmn4

Other things it would be interesting to find:

1.  Contributed to Obama campaign.

2.  Commenter/fan at Daily Kos, Salon, Huffpo

3.  Member of Occupy Wall Street

Of course, the MFM would never report this.  Alan Colmes just told Megyn Kelly that the OWSers have "nothing to do with the Dem party."

119 109 When the L&O episode is written, the brothers will be transformed into evangelical christians. Posted by: ejo at May 03, 2013 01:18 PM (GXvSO)


Or North Koreans on a student Visa, but I suspect you are correct. Norks have been eerily silent lately; makes me more nervous than the saber rattling. either something's up or Kerry/Rodman slipped them more money to shut up.

120

Is it correct, I keep asking, that the Boston mosque where Tamerlan pitched a couple fits did not drop a single dime while the photo internet sleuths were tracking him down?

 

And that mosque was funded in part by the city of Boston!

121 When the LO episode is written, the brothers will be transformed into evangelical christians. Posted by: ejo at May 03, 2013 01:18 PM (GXvSO) I was thinkin Hasidic Jews.

122 >>>If he says he saw a movie that insulted Mo, he walks. Hillary and Rice, the intellects of the White House, will rise to his defense and look for someone else to jail.<<<

Top men in Eric Holder's Justice Department are at this very moment reviewing the hateful Mountain Dew goat video.  Top. Men.

123 Charges are going to be added IMO. I think they just charged what they did to hold them for now. There will be more Posted by: Thunderb at May 03, 2013 01:23 PM (nH8jP) ************ Oh I hope so. Right--I read that charge late at night. There were only pictures of the contents of the bag. The lap top did come out in stories later in the timeline. Speaking of timelines I keep meaning to look at when the parents get back to Chechnya --does it look like they did that in an anticipatory fashion.

124 MA does have a felony murder rule, but the feds are gonna charge this without a doubt

125 Charge them .. If it saves one pressure cooker ....

126 They get a pass... they acted quicker than the US gov't did on Bengazi.

127 There were perhaps dozens, if not hundreds, of people that should have recognized the two guys. They had lived in the Boston area for years, boxed and/or gone to school there. The fact they had pics of the two of them, and IMO, they are different enough in appearance that anyone who knew the both of them should have called LE. How did LE figure out who they were looking for? Someone had to tell them. Have we been told the FBI's version of how they got the names?

128

Dias' attorney told the press yesterday that LE had recovered Joker's laptop.

 

Dias' attorney.  Strange, nu?

129 Did anyone notice that Ace wrote Sean Collins....?

130

@95 Hollowpoint

Moving material evidence is absolutely not merely "not doing something" as I think you are saying.    That  could be  the concealment phase of a conspiracy and could suggest foreknowledge.     As in murder versus obstruction.   Remember  Dr. Mudd?  That  is   a nice  historical  example  of  how  little  someone  can  do  in furtherance  of  a  conspiracy  from the old days.  Unless he was in on it when Booth bought the  whatever  he  did  from  Mudd.  I don't actually know.  Not trying to start a Civil War geek war.

        

The real world possibility the  Kazaks   could have saved lives by coming forward is assumed really.   Jihadi terrorists with bombs on the loose.  Minutes could matter.  In two hours the police could have rounded up a hundred jihadis in Boston, if someone came forward  with  specific  information.   

131 >>>The aid the buddies rendered did not have a direct relationship to the crime Giuliani suggests they be charged as principals in; an indirect relationship, yes, but nothing direct like providing them with a gun or ammo or keys to a getaway vehicle.

A criminal whom has already killed in cold blood? Presumably has the capability to kill again in our society. Aiding them in anyway which prolongs apprehension by law enforcement shows a negligent disregard for human life, and if such human life is lost, I think makes them by conspiracy guilty of manslaughter in the first degree.

132
knood

133 I think the moving of the evidence showed their intent, their consciousness of guilt.  Their guilt

134 Is it correct, I keep asking, that the Boston mosque where Tamerlan pitched a couple fits did not drop a single dime while the photo internet sleuths were tracking him down?

We may never know.  I'm not sure the FBI would be forthcoming about whether (or who) any of the many tips they no doubt got offered up Speedbump's name.

Especially if they got one or more anonymous tips.

135 Ok, maybe I wasn't clear enough in my previous comment.

Ace, you got Officer Sean's surname wrong, mixed up with the newly gay NBA dude.

136 >>>So, they weren't part of the conspiracy to bomb the marathon

Yes they (potentially) were. Conspiracy after the fact applies.

137 Many of you, I think, are wishfully thinking that this is going to be a speedy process.   Dear Leader and Holder are going to throw all sorts of things into this to hold it up as long as possible.  The trials won't happen until way past 2016.  

138  The only child of an Ethiopian immigrant, PhilliposÂ’ mother raised him on her own, according to a friend who described himself as “very close” to the family. A devout Protestant, PhilliposÂ’ mother worked directly with refugees and often involved herself in charitable work, the friend said.

“Robel is a very obedient kid,” the source said. “His mom is very religious and he grew up in a pretty religious household.” http://tinyurl.com/d593byl

139 135 HollowPoint,

It might be time for a NGO surveillance system though.

Fake Converts and PI dossiers

140

It would for me at least be a sign of "Balance" if this current WH swiftly ramped this "littlest" Boston Bomber onto the fast-track of justice the same way they did Timothy McVey......but there is that "Work Place Shooting"

at Ft. Hood that they are so dumbfounded and so unable to get their collective arms around........

Hell, I see this kid running for Congress and winning in 4 years

yes.....it is THAT bad........

141 Strange the three stooges had to cover for Joker. Didn't he have a gun/bomb moll maybe a relative of Bill Ayers blown girlfriend ?

142

Giuliani could get the conviction.  That guy was a machine as a prosecutor.  As for their obstruction not being linkable to subsequent crimes, I'm not so sure.  When mass murderers are trying to escape, the prosecution might argue they would be likely to commit additional serious crimes to facilitate their escape.  Not much of a reach, especially since they went on to commit the murder of Collier and had the massive shootout with police.  Yeah.  Giuliani could get the conviction, probably even with O.J.'s jury.

143   I'm wondering if the feds have some evidence or statements that these Three Terroristas were involved before the marathon bombing.  If that's the case, they get accomplice charges for the bombing, the murders, the kidnapping of the driver, the car theft, and maybe even conspiracy charges for their involvement in Flashbang & Speedbump getting their illegal guns.  All those accomplice/conspiracy charges could add up to a whole shitload of years if the feds do it right.  A long enough sentence that these three could have multiple books ghostwritten for them while they're guests of the State.

144 It might be time for a NGO surveillance system though.

Fake Converts and PI dossiers

Yep.

I don't like the idea of a surveillance state, but when it comes to mosques (most of which are funded by the Saudis), then yeah.  I want the FBI to know what every fucking one of them had for breakfast that morning.

145

"Alex."

I'll take Bull Dykes in Democratic Administrations with the name of "Janet"

for 1 Trillion Dollars.

 

Yes I would......

146

@144

A  couple  e-mails  showing  foreknowledge  and  sympathy,  BAM!, a  little  overt acting, and  BAM!,  murder charges.   But   'bam'   sadly not  white  Tea Partiers.   

147 Charge them, after a a folks swung after Lincoln was assassinated that had about as much to do with the conspiracy as these three assholes.

148 Seems reasonable to expect escaped terrorists to continue murdering to me. 

149 Oops- ...a few folks swung...

150

I'm normally not comfortable with this type of broad interpretation. Think it swings too much power to the government, which inevitably leads to overreach.

 

But in this case, I'm still so angry about the bombings and aftermath, to hell with it. You side with scumbags and help them, and if innocent people (cops, soldiers, first responders, bystanders, whatever) get hurt, well, tough s*&t  for you.

151

For the charge of accessory after the fact under MA state law (up to 7 years), they would need to establish that they knew Tsarnaev had committed the felony.  If they could not prove that they knew he had done it (vs just knowing he was the suspected of it but not knowing themselves that he had done it) then the accessory after the fact charge would not hold up.

Chapeter 274:

Section 4. Whoever, after the commission of a felony, harbors, conceals, maintains or assists the principal felon or accessory before the fact, or gives such offender any other aid, knowing that he has committed a felony or has been accessory thereto before the fact, with intent that he shall avoid or escape detention, arrest, trial or punishment, shall be an accessory after the fact, and, except as otherwise provided, be punished by imprisonment in the state prison for not more than seven years or in jail for not more than two and one half years or by a fine of not more than one thousand dollars.

152 As for Giuliani's argument that the buddies can be charged as murders, I'm not sure the law of aiding and abetting can be pushed that far. True. On the other hand, if they acted together then you can add in conspiracy charges. That could open all kinds of avenues for additional charges. If they conspired with Joke prior to the killings, then they could well be charged with murder.

153 Put 'em on a plane.... to somewhere remote... question them... once you've got what you want.. another plane ride out over the ocean...  sight seeing so to speak..

154 too harsh?

155 this thread is dead Jim

156 Let me repeat my legal theory again: There was also a conspiracy to go to NYC and bomb people. The asshats aided the brothers' failed escape to get to NYC. Therefore, they are guilty of the murder of Officer Collier.

157 These people are so full of shit: The mugshot photos come the day after it was announced that his body will be buried in Boston in spite of local outrage that his final resting place will be within the bounds of the city that he terrorized with pressure cooker bombs that killed three and injured more than 230 others. Tsarnaev's body was released to a local funeral home on Thursday after his family made arrangements to schedule a funeral. They also said that they would be ordering a second autopsy as they do not trust the American government rulings, fearing that his death during a gun battle with police was part of a conspiracy. http://goo.gl/JH1Ao Who's ordering it and who is paying for it? And who is paying for the funeral, too? Take that piece of crap back to russia or where the aunt lives in canada.

158

from the National Enquirer (remember they took down Edwards)

 

Auto mechanic Gilberto Junior, owner of Junior Auto Body, Inc., in Somer­ville, Mass., came face to face with Jahar less than 24 hours after the bombings and says he was certain “(Jahar) was on drugs” when he showed up at his shop.

Jahar seemed desperate to pick up a white Mercedes station wagon heÂ’d dropped off a few weeks be­fore with a damaged rear bumper. HeÂ’d said the car belonged to a girlfriend.

 Junior said Tsarnaev often brought in cars for wealthy friends from Bos­ton University and MIT, and always paid in cash. What was strange was that Jahar showed up the day after the bombings wanting the car back early, clearly on edge.

“He was very nervous, biting his nails, agitated,” Junior said. “I thought he was on drugs, medica­tion.” Junior didnÂ’t report it to police. Tsarnaev took the Mercedes without having it fixed.

The Mercedes was not the car that the Tsarnaev brothers were in when cops cor­nered them in Watertown, killing JaharÂ’s brother Tamerlan, while Jahar sped off, running over his brother. He later ditched the vehicle and escaped on foot.

 

so, who's car did he pick up?

159 What the idiots did was wrong, but distinct from murder. That is plain from anyone with a decently functional moral compass. Prosecutors and pundits may be blinded by the need to find as much of a case as they can cobble together by twisting laws in new directions, but these idiots only tolerated a killer after the fact, and did not involve themselves in any future killings. They should spend years in prison, but not murder level years.