DZHOKHAR ( JAHAR ) A. TSARNAEV FILES PRO SE MOTION TO BE RELEASED AND HABEAS CORPUS?

[AXJ USA]

DZHOKHAR ( JAHAR ) A. TSARNAEV FILES PRO SE MOTION TO BE RELEASED AND HABEAS CORPUS?

Apparently Jahar has decided to take the reigns of his destiny and according to 20,000 supporters around the United States will be filing Motions for an immediate release from "voluntary custody" and a petition for a writ of Habeas Corpus from the Courts. AXJ has even sent him a letter, given him news updates, and has published a copy of the text as follows:

Letter to Jahar in the Hospital

Dzhokhar Tsarnaev
Register Number: 95079-038
Federal Medical Centre,
P.O Box 879,
Ayer, MA 01432

Dear Jahar,

This letter is from the international civil and political rights Organization known as Actions For Justice ( AXJ ). We want you to know that you have 20,000 supporters in a Face Book Group that we administrate that are waiting for your prompt release. ( https://www.facebook.com/groups/axjhelpdzhokhar/ )

AXJ as an Organization is very limited as to what it can legally do to help you, but we would like you to know that we have sent and FEDEXED emails and letters, and created petitions on the White House Website for a Motion to Release you from "voluntary detention", and have filed for a "Writ of Habeas Corpus" on your behalf with the Courts, your Attorneys, and even the Supreme Court of the United States ( SCOTUS ) but they obviously need your signature or that of a close family member.

We have spoken with your mother and have tried to make contact with other family members. Our main concern now is that you are safe and well taken care of like any other person at the facility where you are presently being held.

If there is anything else you would like as to do for you please let us know.

Sincerely,

PRO SE MOTION TO BE RELEASED FROM VOLUNTARY DETENTION AND A PETITION OF WRIT OF HABEAS CORPUS

UNITED STATES DISTRICT COURT                                                                  Crim No. 13-2106-MBB

DISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA

v.

DZHOKHAR A. TSARNAEV,

Defendant

PRO SE MOTION TO BE RELEASED FROM VOLUNTARY DETENTION AND PETITION OF WRIT OF HABEAS CORPUS ( * )

On May 20th 2013 The United States of America, by and through its undersigned counsel, and defendant Dzhokhar Tsarnaev's prior undersigned counsel, hereby jointly requested that the Court continue the probable cause hearing to July 10, 2013, or a date thereafter that is convenient to the parties and the Court.

In support of this motion, the parties stated the following:

1. I Dzhokhar Tsarnaev am charged in a complaint with using a weapon of mass destruction resulting in death, in violation of 18 U.S.C. § 2332a, and malicious destruction of property resulting in death, in violation of 18 U.S.C. § 811(d). I was arrested on April 19, 2013, and had my initial appearance on April 22, 2013. The government moved for preventive detention, and, on April 22, 2013, I agreed to voluntary detention without prejudice. A probable cause hearing is currently scheduled to take place on July 10, 2013.

2. In view of the complex factual and legal issues present in this case and the need for adequate time to obtain and review evidence, the parties jointly moved to continue the probable cause hearing to July 10, 2013, or a date thereafter convenient to the parties and the Court.

3. In view of the fact I Dzhokhar Tsarnaev do not feel I am property being represented before this Court, I respectfully request to represent myself Pro Se before the court with the help of the Public Defender in those cases I may require it.

4. In view of the fact I Dzhokhar Tsarnaev do not feel I am property being represented before this Court, I respectfully request the court to deny any post ponment of this case and to agree to my filing this PRO SE MOTION TO BE RELEASED FROM VOLUNTARY DETENTION AND PETITION OF WRIT OF HABEAS CORPUS.

5. Also In view of the fact I Dzhokhar Tsarnaev do not feel I am property being represented before this Court, if my PRO SE MOTION TO BE RELEASED FROM VOLUNTARY DETENTION AND A PETITION OF WRIT OF HABEAS CORPUS is not agreed to by the Court, then invoking Article One, Section 9, clause 2 of the US Constitution, and 28 U.S.C. § 2241, it also be forwarded to the Supreme Court of the United States of America ( SCOTUS ) as guaranteed by the US Constitution.

Respectfully submitted,

DZHOKHAR TSARNAEV PRO SE

CC: CARMEN M. ORTIZ United States Attorney By: /s/ Miriam Conrad By: /s/ William Weinreb Miriam Conrad, Esq. William D. Weinreb William Fick, Esq. Aloke S. Chakravarty Timothy Watkins, Esq. John A. Capin Judy Clarke, Esq. Assistant U.S. Attorneys Attorneys for Dzhokhar Tsarnaev

CERTIFICATE OF SERVICE I certify that this document was filed on May 21, 2013, through the ECF system, which will provide electronic notice to counsel as identified on the Notice of Electronic Filing. /s/ William D. Weinreb WILLIAM D. WEINREB Assistant U.S. Attorney

( * ) 28 USC § 2241 - Power to grant writ of habeas corpus

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version. Current through Pub. L. 112-283. ( See Public Laws for the current Congress.)

(a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions. The order of a circuit judge shall be entered in the records of the district court of the district wherein the restraint complained of is had.

(b)The Supreme Court, any justice thereof, and any circuit judge may decline to entertain an application for a writ of habeas corpus and may transfer the application for hearing and determination to the district court having jurisdiction to entertain it.

(c) The writ of habeas corpus shall not extend to a prisoner unless—

(1) He is in custody under or by color of the authority of the United States or is committed for trial before some court thereof; or

(2) He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or

(3) He is in custody in violation of the Constitution or laws or treaties of the United States; or

(4) He, being a citizen of a foreign state and domiciled therein is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations; or

(5) It is necessary to bring him into court to testify or for trial. (d) Where an application for a writ of habeas corpus is made by a person in custody under the judgment and sentence of a State court of a State which contains two or more Federal judicial districts, the application may be filed in the district court for the district wherein such person is in custody or in the district court for the district within which the State court was held which convicted and sentenced him and each of such district courts shall have concurrent jurisdiction to entertain the application. The district court for the district wherein such an application is filed in the exercise of its discretion and in furtherance of justice may transfer the application to the other district court for hearing and determination.

(e) (1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.

(2) Except as provided in paragraphs (2) and (3) of section 1005(e) of the Detainee Treatment Act of 2005 (801 note), no court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien who is or was detained by the United States and has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination. LII has no control over and does not endorse any external Internet site that contains links to or references LII.

USA v. Dzhokhar Tsarnaev Court Filings VICTIM

United States District Court District of Massachusetts (Boston)

CRIMINAL DOCKET FOR CASE #: 1:13-mj-02106-MBB-1

Case title: USA v. Tsarnaev Date

Filed: 04/21/2013 Assigned to: Magistrate Judge Marianne B. Bowler

Defendant (1) Dzhokhar Tsarnaev represented by: Miriam Conrad Federal Public Defender Office 51 Sleeper Street Fifth Floor Boston, MA 02210 617-223-8061 Fax: [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment Timothy G. Watkins Federal Public Defender Office District of Massachusetts 51 Sleeper Street 5th Floor Boston, MA 02210 617-223-8061 Fax: [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment William W. Fick Federal Public Defender Office District of Massachusetts 51 Sleeper Street 5th Floor Boston, MA 02210 617-223-8061 Fax: [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment Judy Clarke Clarke & Rice, APC 1010 Second Ave. Suite 1800 San Diego, CA 92101 619-308-8484 Email: [e-mail] PRO HAC VICE ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment Disposition 18:2332a(a)...Use of a Weapon of Mass Destruction; 18:844(i)...Malicious Destruction of Property Resulting in Death

Source: http://cryptome.org/2013/04/tsarnaev/usa-v-tsarnaev.htm

To: ALL Sent: Wednesday, May 15, 2013 9:21 AM

Subject: Fw: Originally emailed on April 22, 2013 / Mailed to US Supreme Court