Tamerlan Tsarnaev killed three people in 2011, and Dzhokhar Tsarnaev is not as culpable in the Boston Marathon jihad massacre. In reality, Dzhokhar never showed any sign of being anything but a convinced and willing participant, and was defiant after the massacre, as the jail photo of him giving the finger to the camera demonstrates. This solicitude for the perpetrators and callous disregard for the victims is one of the prevailing maladies of our age.
“US asks Supreme Court to hear Boston Marathon bomber’s case,” by Alanna Durkin Richer, AP, October 6, 2020 (thanks to Henry):
BOSTON (AP) — The U.S. Justice Department asked the nation’s highest court Tuesday to review the case of Boston Marathon bomber Dzhokhar Tsarnaev, whose death sentence was thrown out over concerns with the jury selection process.
In a petition, Justice Department lawyers called Tsarnaev’s case “one of the most important terrorism prosecutions in our nation’s history” and said the 1st U.S. Circuit Court of Appeals was wrong when it ruled Tsarnaev deserves a new trial to decide whether he should be executed.
“Given the profound stakes…the First Circuit should not have the last word,” Acting Solicitor General Jeffrey Wall and other lawyers told the U.S. Supreme Court. The high court should “put this landmark case back on track toward its just conclusion,” they wrote.
Prosecutors are asking the court to hear and decide the case this term, which ends in June, “to avoid further delay in this long-running and critically important prosecution.” The Supreme Court hears only a fraction of the cases it’s asked to review every year.
If the justices refuse to hear the case, prosecutors could go forward with another trial or drop their pursuit for capital punishment and agree to life in prison.
Attorney General William Barr told The Associated Press in August that they planned to take the case to the high court and “continue to pursue the death penalty.”
“We will do whatever’s necessary,” Barr said….
James Lincoln says
Dzhokhar Tsarnaev received his death sentence on June 24, 2015.
He *was* on death row in ADX Florence, Colorado, and execution *should have* taken place quickly.
Recommend a maximum five-year limit regarding appeals for prisoners on death row.
If that were true, Tsarnaev would have been executed by now…
mortimer says
Interesting background. Thanks for that. All those who say that they ‘LOVE DEATH’ should be given the chance to prove it. That would silence a lot of on-the-fence, uncertain Muslims. Muslims are increasingly unsure about whether Islam is true.
gravenimage says
Agreed, James.
OLD GUY says
The problem with the five year plan is the lawyers won’t make as much money off of us tax payers who are paying for both sides. My opinion one year should be enough.
maria says
He must be executed , He is a murderer of the worst sort.
DazzleMe says
+1
Herb Allen says
Is there any way Dzhokhar “Joker” Tsarnayev can be quietly murdered in his prison cell?
It worked with Jeffrey Epstein. Case forever unsolved.
Daniel Triplett says
Being locked in that tiny box in the pic for life [60 more years] (no parole) would be a far worse punishment than death, IMHO. Personally, I’d rather take the needle and get it over with. The needle is merciful and will give him his martyrdom and Paradise (in his mind). Just sayin. I support the death penalty anyway. In no case should he be allowed to proselytize other inmates into his Satanic creed.
JimJFox says
Disagree. Jihadists are 100% irredeemable to the point of welcoming death;
rehabilitating them has been a total failure. This is the “new” face of warfare and should be treated as such, in other words when atrocities are committed and the enemy soldier is identified as the perpetrator he should and must be dispatched on the spot.
Going to trial is a privilege based on presumption of innocence so should not be afforded to those whose guilt is indisputable, that is, caught in the act.
Daniel Triplett says
The goal of incarceration should be “rehabilitation” for those we intend to release. We want to release good productive citizens, not recidivist monsters. To that end, I think we should expand this concept and provide education both spiritually and vocationally to prisoners.
Perhaps we can agree that neither life without parole nor the death penalty are meant to rehabilitate the convict. Either is the ultimate form of punishment and despair. Dzohkhar has earned such despair, so either sentence is befitting. In his case as a mujahideen, our killing him would complete his martyrdom [to be killed while killing Kafirs], thus guaranteeing him the highest place in Paradise, which relieves him from the despair our sentence is designed to make him suffer in punishment. That was my point. While most of us are incentivized not to commit capital crimes because the penalty is frightening, this incentive and logic doesn’t necessarily work with Allah’s soldiers.
But hey, either way, executing Dzohkhar or life without parole would satisfy me.
In the bigger picture, I agree that jihadists/mujahedin (not in sovereign state military uniform) must be treated as the war criminals they are: No Department of Justice criminal trial with Constitutional Rights for the accused, but rather a 20-minute field trial followed immediately by a firing squad just like our grandfathers have done it going all the way back to General George Washington.
In my view, no Muslim is redeemable nor can be trusted to be free in our society unless and until he formally apostatizes. Apostasy or incarceration/internment must be the only two choices we offer them. We’ll lose the war in time if we don’t. It’s a certainty, there’s nothing theoretical about it. I doubt this will happen in my lifetime, but in 10, or 100, or 1000 years, our grandchildren will reach the same conclusion, under more dangerous and existential circumstance, and with more desperate options available to survive and win the war. They’ll look back and justifiably judge us harshly for knowing what we know now and doing nothing about it, kicking a much larger more lethal can of rattlesnakes down the road to them.
It’s a continuing 1400 year zero-sum Global Islamic War that per Islamic Doctrine will never end until the world is either 100% Islamic, or 0% Islamic. Tolerance and co-existing isn’t an option — only winning or losing. Worldwide forced Islamic proscription therefore is the only objective that ends the war with our victory. Right now we’re losing the war, badly.
DazzleMe says
+1
shosh says
What he is facing is far worse than an eternity in a cell block. At his death, the JUDGE of all judges will issue a verdict that will be 100% just. If this man does not turn to JESUS YESHUA, the ONLY ONE WHO can remove his guilt forever, he will die in his sin and enter eternity, an agony of consuming fire, unspeakable loss with no hope of ever seeing an end.
RichardL says
he will be tried and Trump will have him put down in record time. Obama would have liked to invite him and his parents to the Rose Garden but a panel said it would like he likes Muslims… Outrageous idea! Barack Hussein is as loyal to the US as Bohammed Bergdahl
gravenimage says
Tsarnaev was *already* tried, found guilty, and sentenced to death, Richard. The sentence was overturned on appeal.
If the death penalty does not apply to Jihad terrorists, then who *would* it apply to?
RichardL says
It didn’t escape me that he needs to be retried, but the prosecution’s plan is to have him get the death penalty again. Trump will move quickly with this, is my point.
gravenimage says
I don’t think he needs to be re-tried, Richard–that would be illegal, in any case. But he *should* have the death penalty reinstated.
Frank Anderson says
GI and PC, search Hostis humani generis. Please consider my contention, dating back to the time I was driving the long haul chemical tanker and had hours to ponder questions, that terrorists are nothing more than pirates on land or in the air, who deserve no due process. How much “due process” do they give their victims? We make ourselves into jokes by our gutless approach. We will destroy ourselves by massive waste of resources affording due process rights to people who sneer at our devotion and are using our weakness against us.
gravenimage says
I take your point, Frank. I think it would have been perfectly reasonable if Dzhokhar Tsarnaev had been taken out while being apprehended.
Phil Copson says
“…If the death penalty does not apply to Jihad terrorists, then who *would* it apply to?…”
—————————————————————————————————————
In “Left-World” – to those who resist terrorism, such as Kyle Rittenhouse, of course…..
(Very impressed by how he kept a cool head in the circumstances; given the way too many police officers just blaze away regardless when they feel threatened – (eg, Det Brett Hankison firing 10 shots through drawn window-blinds in the Breonna Taylor case) – his restraint in defending himself against a crazed mob intent upon murdering him, by accurately taking down the immediate aggressors rather than just panicking and firing at everyone in sight, shows an unusual degree of self-control. I hope that he is released and has a successful career in the rescue services or as an army officer.)
gravenimage says
Agree, Phil.
DazzleMe says
Exactly RichardL!! Kinda like giving Iran pallets of our hard earned money!
Politicallyincorrectistruth says
The massive cost of keeping a prisoner for life needs to be considered. Terrorists should be taken from the court and beheaded by guillotine, within 24 hrs after sentence. Guillotine is perfect for muslim jihad terrorists.
They will not get to their imaginary 72 virgin heaven.
It`s blindingly obvious islam is “man made”…..by a bunch of sex mad paedophiles(72 virgins?)….led by an illiterate, warlord, paedophile…..Humans can be so utterly gullible.
Westman says
The most gullible are the children. Teach them anything and they will believe it.
Most adults with comprehensive life experience would never believe Muhammad was anything but a cunning warlord; sowing his fabication with violence to acquire power and booty..
JimJFox says
Gullibility is a failure of social intelligence in which a person is easily tricked or manipulated into an ill-advised course of action. It is closely related to credulity, which is the tendency to believe unlikely propositions that are unsupported by evidence.
More accurately, children are naive, that is trusting in what adults teach them. As adults they can become gullible through a continued lack of exposure to the real world. Islam (and religion in general)Thrives on human gullibility.
DazzleMe says
+1 politically incorrect is truth, it is costing a fortune and there is always the chance of some idiot democrat turning them loose!
gravenimage says
US Justice Department asks Supreme Court to reinstate death penalty for Boston Marathon jihad murderer
…………………..
This is good to see.
DazzleMe says
+1 gravenimage
Frank Anderson says
I have total respect for our host, Mr. Spencer. There is a problem with the statement:
Tamerlan Tsarnaev killed three people in 2011, and Dzhokhar Tsarnaev is not as culpable in the Boston Marathon jihad massacre.
From the current 18 United States Code Section 2:
(a)Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
(b)Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.
In older language regarding conspiracy, “the acts of one are the acts of all; the knowledge of one is the knowledge of all.” A conspiracy is 1) an agreement 2) of 2 or more persons 3) to act unlawfully or to use unlawful means for an otherwise lawful purpose 4) ANY overt act by ANY member in furtherance of the goal of the conspiracy. United States v. Gary Greenough, 609 F.Supp 1090, 1094 (S.D. Ala. 1985).
I do not see how either member of the conspiracy is less culpable than the other.
Daniel Triplett says
Agreed. By this standard, every US Muslim is a criminal co-conspirator since all swear fealty and allegiance to Islamic Doctrine, which compels every adherent to 100% buy-in and compliance.
I’m not a lawyer, but it seems to me this is the way we as a society must begin causing Islam’s destruction. The “War of Words and Moral Reasoning” alone doesn’t work against the Ummah. Winning this war requires force. Conspiracy laws are already codified. Enforcing them would be a great start.
People are free to worship Satan or any deity they choose — Religious Freedom. But when those worshippers conspire to harm others or subvert our Constitution, and force world submission, then it’s no longer just a religion — it’s a crime and hostile political ideology.
Since the criminal conspiratorial elements of Islam are inextricable from the “religion,” then we must not tolerate Islam in entirety. We must consider the practice and promotion of Islam a crime. By this basis we can then deny Muslim immigration and incarcerate Muslim citizens refusing to apostatize. We’re not controlling thought or religion, we’re regulating “behavior.”
Once we set the example in the US to no longer tolerate this ideological criminal conspiracy enterprise of Sedition, Extortion, Murder, and global conquest, we can encourage or when necessary force the rest of the world to follow our lead.
Frank Anderson says
D.T. for what little it may be worth, I share your opinion. I am a lawyer (retired) who just recently celebrated the 40th anniversary of earning my first license. This is a subject that other lawyers have shown approval of my research and reasoning. The more people we can help see this legal fact, the more candles we can light in a very dark and dangerous world.
Daniel Triplett says
Frank
Yes, we have much work to do. When I get some time, I want to do a deep dive into the following document regarding Federal Conspiracy Law. I know you’re already versant in it, but for those who haven’t considered the counter-Islamic strategy of enforcing Conspiracy Law, perhaps this document could help them develop an understanding and strategic vision of how this strategy could work.
As James Lincoln astutely adds below, perhaps the RICO Act could also be used league with Conspiracy Law in the legal front in the war against Islam.
What seems to be missing in the public sphere is an organization dedicated to forming counter-Islamic national policy, projecting proposed policy to the public to gain their support, and lobbying elected legislators and executives to push, enact, and empower such policy.
“Federal Conspiracy Law: A Brief Overview”
(updated April 3, 2020)
https://fas.org/sgp/crs/misc/R41223.pdf
Frank Anderson says
D.T. I wrote 2 legal research papers which were co-authored and reviewed by a number of lawyers with far greater and higher credentials than mine. Several conspiracy statutes were cited, 18 United States Code Sections 241, 242, 371, 372, 1951 and 1963. One case which covers many issues of conspiracy law, including the Hobbs Act, (1951) is United States v. Gary Greenough, 609 F.Supp 1090 (S.D. Ala. 1985) [available online]. Another case is United States v. Dan Alexander, 850 F.2d 1500 (11th Cir. 1988).
Since my papers were written, there have been court made changes in RICO law regarding private civil claims making them much harder to present, much less win than in the leading case of Sedima v. Imrex, 473 U.S. 479 (1985). Following these cases through KeyCite or Sheppard’s Citations will allow you to see what is left of the law originally passed by Congress and signed by the presidents.
Daniel Triplett says
Thanks for the response and info Frank. I’ve been away for a week. I’ll catch up with you on a newer thread to discuss some ideas with you.
Like, whether a “conspiracy” civil or criminal angle, or both, you think would be the more successful legal approach. And which government officials would be most useful to lobby? Legislators? Attorney General? …obviously the President too, to the extent anyone can get past his firewall.
I know there are organizations, such as ACT or Understanding the Threat, among others, who have lobbied Congressional Reps about anti-Sharia policy and jihad threat, but as far as I know, no one is talking about or pushing big picture policy to win and end the war altogether, and how to do it.
I wrote down the cases you just identified. I’ll do some research and check them out as best I can as a lay non-attorney in a couple of weeks when I get some time. Thanks again. You’re obviously well tuned-in to this angle. I’ll be looking forward to learning more about it from you as we touch on it from time to time on future threads.
James Lincoln says
Daniel Triplett,
Excellent post, my compliments.
From another non-attorney:
US Muslims, to a greater or lesser extent, are members of an organized criminal enterprise – not unlike the Mafia.
The Racketeer Influenced and Corrupt Organizations (RICO) Act should be used to its fullest extent. It could start by taking down all muslim brotherhood front organizations…
Daniel Triplett says
Thanks James. My compliments back to you for astutely proposing the RICO Act in the legal front to take down Islam.
When I’ve lobbied others for counter-Islam support, I’ve found that using legal arguments to explain Islam’s criminality under existing law has been an effective persuasive method to disarm the Freedom of Religion and moral equivalency defensive arguments, showing how the Ummah is falsely misappropriating Constitutional Rights to shield their criminal enterprise.
Dr. Strangelove says
Keep him in segregation (solitary for those of you in Rio Linda) until he dies of old age.
DazzleMe says
Nope – hang him before some liberal decided to turn him free and the cost of housing him is astronomical!
Walter Sieruk says
That jihadist murderer, Tamerlan Tsarnaev should be executed for those three homicides he is responsible for by taking part in that Islamic terror/ murder attack by the planting of those bombs on that street in the city of Boston.
On the subject of Capital Punishment those who go outside a protest against the state government using of the death penalty and holding up signs show the words printed on them “Thou shall not kill”, those four words which are the sixth commandment , Exodus 20:13. are taken form the AUTHORIZED KING JAMES VERSION translation of the Bible of the Ten Commandments .
By and large the A.K.J.V.is a good translation yet not a perfect one. For Jewish and Christian scholar who understand the original Hebrew which the Old Testament , some call it the “Older Testament “, of the Bible which was first written in Hebrew, the point the those scholars will inform all who are willing to listen that the word was “Murder”” and not “Kill” in the original Hebrew of which the First Old Testament was written.
There is a vast different between those two words “Killing “and “murder “, for example a dictionary definition of the word “Murder” is “the unlawful and malicious act of killing another person.” In contrast “Killing is defined as “To put to death or to slay”
So the anti-capital punishment people who quote Exodus 20:13 in the A.K.J. V. might also look up that same specific verse in the NEW KING JAMES VERSION and see how it’s put right by reading “ You shall not murder” For in the very next chapter in Exodus 21:12 it reads “He who strikes man so that he dies shall surely be put to death.”
Further, in the New Testament the Bible reader in Roman 13:1-4 that not only are governmental law enforcement forces are ordained by God to hold back and stop the criminal and wicked activities by evil and dangerous men. This also this may extent to the criminal courts which h included punishment for the evil doer. If the Bible student examines more closely the specific verse number four he or she will discover that the scripture even refers to the government executor as type of minister of God to punish such men.
Be they evil man be a murderous jihadist villain, Tamerlan Tsaruaev or that child murderer Darious Sessoms who maliciously shot and murdered a five year old boy on his bicycle. As well as Dennis Radar, who is evil and cruel vicious murderous fiend.
In conclusion the people who use their constitutional right to speak out against capital punishment do and should have the right of freedom of speech and expression to let other know how they feel on the subject of capital punishment. Nevertheless they either don’t know or do know but couldn’t care less that they are misusing the Bible in quoting Exodus 20:13 out of context.
Some of the anti –capital punishment feel might feel real righteous and pious by quoting that single verse out of the whole Bible , still in spite of the “pious emotions” some of them might have ,they are still misusing the Bible.
In addition to all this, the Bible in is written “Whoever kills any man shall surely be put to death.” Leviticus 27:17 [N.K.J.V.]
Larry says
If I were the judge, and had the last word, I would give the little punk a choice. Choice #1: Solitary confinement in a supermax prison for life (which could be 50-70 years) staring at the walls. No books, no TV, no visitors, no contact with anyone except a shower once a week. OR Choice #2: Death in the electric chair. We cook you until your head pops like a giant zit. Choose.
DazzleMe says
What choice did he give those he murdered???