A Case of Judicial Murder?

‘When we tolerate what we know to be wrong–when we close our eyes and ears to the corrupt because we are too busy, or too frightened–when we fail to speak up and speak out–we strike a blow against freedom and decency and justice.’ – Robert Francis Kennedy

By John Remington Graham | 26 October 2017

PAUL CRAIG ROBERTS — I have been asked many times why I have intervened in the federal prosecution of Dzhokhar Tsarnaev, the young man who was convicted and sentenced to death in the Boston Marathon bombing case where two brothers, on April 15, 2013, allegedly detonated pressure cooker bombs on Boylston Street in front of the Forum Restaurant that killed or maimed many people.

As I wrap up my career of fifty years as a member of the bar, including service as a public defender in state and federal courts, co-founder of an accredited law school, and chief public prosecutor in Minnesota state courts, I am apprehensive that my country might be entering into an era of judicial murder.

Judicial murder is the practice of designing a trial to get a guilty verdict, regardless of the facts, and a death sentence carried out. It has happened in many countries in all ages. It has been recognized as a threat of public justice by the United States Supreme Court in Powell v. Alabama, 287 U. S. 45 at 72-72 (1932). Judicial murder is followed by corruption and destruction of society.The judicial murder of Socrates was followed by loss of the classical civilization of ancient Greece. The judicial murder of Jesus of Nazareth, whether son of God or venerable philosopher, was followed by the destruction of Jerusalem and the second temple. The judicial murder of Joan of Arc was followed by loss of most English lands in France. The judicial murder of Charles the First was followed by loss of the free constitution of England. The judicial murder of Louis XVI was followed by 150 years of defeat, ruin, suffering, and chaos in France. Judicial murder in the Third Reich was followed by humiliating defeat of Germany. Judicial murder in the Soviet Union was followed by collapse of the Soviet empire. If the justice system cannot be trusted, evil consequences follow.

My active intervention in the case began when I assisted the Russian aunt, herself a lawyer, of Dzhokhar file pro se papers in the federal district court in Boston, asking that she be recognized as a friend of the court so she could present evidence conclusively showing, by FBI-gathered evidence, incorporated by reference into the indictment, that Dzhokhar could not have detonated the bomb he was supposed to have detonated. I proceeded in this way as instructed by the bar liaison officer of the federal district court and the clerk’s office. Dr. Paul Craig Roberts wrote up this legal adventure in his column of August 17, 2015, in a way which draws from the judicial record, and portrays the scenario clearly enough. The link is Those unfamiliar with this case need to read that article. […]

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