Case 1:13-cr-10200-GAO Document 1563 Filed 10/13/15 Page 1 of 1

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS
UNITED STATES OF AMERICA

Crim. No. 13-10200-GAO

V.

DZHOKHAR A. TSARNAEV,

UNDER SEAL

Defendant

GOVERNMENT'S MOTION TO SEAL

The United States respectfully moves to seal the attached opposition and exhibits. As

grounds therefor, the government states that the motionrefers to non-public information that the
Court has already decided should remain sealed.

Respectfully submitted,
CARMEN M. ORTIZ

United States Attorney

By:

/s/ William D. Weinreb

WILLIAM D. WEINREB

ALOKE S. CHAKRAVARTY
NADINE PELLEGRINI

Assistant U.S. Attorneys

STEVEN D. MELLIN

Trial Attorney
Department of Justice
CERTIFICATE OF SERVICE

I hereby certify that this document will be served by electronic mail on Dzhokhar
Tsamaev's attorney, Judy Clarke, Esq., on October 13, 2015.
A/ William D. Weinreb

STEVEN D. MELLIN

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IN THE UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS
UNITED STATES OF AMERICA
No. 13-10200-GAO
Filed under seal
DZHOKHAR TSARNAEV

GOVERNMENT'S OPPOSITION TO DEFENDANT'S MOTION TO

BAR GOVERNMENT ACCESS TO BOP RECORDS AND OTHER INFORMATION

The United States, by undersigned counsel, respectfully opposes Tsamaev's motion

captioned "Motion For Order to Maintain Protection of Privileged and Confidential Defense
Information and Work Product." Tsamaev requests an order hairing the prosecution team from

obtaining certain records regarding his pretrial and post-trial confinement as well as the pretrial
and post-trial administration of the SAMs. The Court should deny the motion. The records in
question are not privileged, confidential, or work product. They are, on the contrary, records that
are routinely obtained by prosecutors either automatically or upon request. Tsamaev is

essentially asking this Court to apply different rules to him than apply to the other 200,000-plus
inmates in federal custody. As shown below, there is no lawful basis or good reason for doing
so.

BACKGROUND

On May 7, 2013 just days after Tsamaev was first transferred to FMC-Devens ~
Tsamaev moved for an order compelling BOP to provide a copy of his entire BOP file to his

attomeys on a weekly basis. (Dkt. 30). Tsamaev's motion included this second request as well:
BOP counsel Les Owens advises that while defense counsel must obtain a release

for medical files, and a court order for production of the remaining BOP files, all
of these files are freely available to the prosecution, simply upon their request and
without a court order. Defense counsel object to this unrestricted, free access to
information regarding their client in this potential capital prosecution, and seek a

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#ffto of tf)c ^ttornep (General

B.C. 20530
August 27, 2013

LIMITED OFFICIAL USE

MEMORANDUM FOR CHARLES E. SAMUELS, JR.

DIRECTOR

FEDERAL BUREAU OF PRISONS

FROM:

SUBJECT:

ATTORNEY GENERAL

Origination of Special Administrative Measures Pursuant to

28 C.F.R. 501.3 for Federal Bureau of Prisons
Pretrial Inmate Dzhokhar Tsamaev

Federal Bureau of Prisons (BOP) pretrial inmate Dzhokhar Tsamaev is charged in a

thirty-count indictmentwith, among otherthings, use of a weapon of mass destruction, bombing
a place of public use, carjacking, conspiracy, and firearms violations. Tsamaev is currently
housed by BOP at the Federal Medical Center Devens in Ayer, Massachusetts, pending trial.
The United StatesAttomeyfor the District of Massachusetts (USA/DMA) has requested that
SpecialAdministrativeMeasures (SAM)be imposed on Tsamaev because there is a substantial
risk that his communications or contacts with persons could result in death or seriousbodily
injury to persons. The Federal Bureau of Investigation (FBI) concurs in this request.
As detailed in the attached request jfrom the USA/DMA and as later supplemented
telephonically, on April 15,2013, Tsamaev and his brother, Tamerlan Tsamaev, carried out a
pre-meditated and coordinated detonation of improvised explosive devices in Boston,
Massachusetts, that killed, dismembered, or injureddozens of people during the Boston
Marathon. Tsamaev and his brother were inspired to commit the attack by Anwar al-Aulaqui, a
deceased leader of al-Qaeda, and used bomb-making instructions from "Inspire," an al-Qaeda
publication. Tsamaev employed operational tradecraft in communicating duringthe time leading
up to the bombing (including purchasing a dedicated cell phone to communicate with respect to
the bombings), and in disposing of evidence after the attack, including discarding a remaining
bomb detonator and smashing his cell phones.

LIMITED OFFICIAL USE

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AGREEMENT TO PROTECT DEFENSE INFORMATION AND WORK

PRODUCT

Recognizing that the Bureau of Prisons requii-es advancecieai-ance of visitors (see

BP-A660.012), maintains a log of visitors, and reservesthe rightto inspectmaterials

provided to, shown to, orreviewed withthedefendant, Dzhokliar Tsamaev; recognizing

thatthe Special Administrative Measures (SAMs) imposed in this case on August 27,
2013 require legalvisitors to sign an "affirmation" of compliance withtheSAMs, which
is maintained by theU.S. Attorney and forwarded to the U.S. Marshal andBureauof
Prisons (SAM, 2a); and recognizing thatthe defense wishes to keep certaininformation,
including defense work product, confidential, the parties hereby agree as follows:

1.

No one onthe Prosecution Team^ and no person involved inthestate prosecution

of Mr. Tsamaev, including but not limited to anyone working in the Middlesex
County District Attorney's Office, shall receive or be provided with any
information regarding materials, electronic or otherwise, shown to Mr. Tsamaev,
providedto Mr. Tsamaev, or reviewed by membersof the defense teamwithMr.
Tsamaev ("defensematerials"). Specifically, withoutlimitation, BOP shallnot
provide any informationto the Prosecution Team or the Middlesex County District
Attorney's Office concerning inspectionofdefense materials (e.g., the nature,
titles, and content of such materials).

2.

No one on the Prosecution Team shall be involved in clearing or approving

visitors, including defense experts, to Mr. Tsamaev. All SAM affirmations and
BOP clearance forms henceforth shall be maintained by individuals who are not

part of the ProsecutionTeam. No one on the Prosecution Team shall be provided

with a copy of the visitors logxmtil the defense has had an opportunityto redact
the names of defense experts, and the dates oftheir visits.

For purposes of this agreement, "Prosecution team" means the District of Massachusetts
U.S. Attomey's office, the United States Department of Justice, and all state and federal
law enforcement agents and officers involvedin the investigation or prosecution of the
federal case against Mr. Tsamaev.

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