Not Just Tsarnaev: Right To Council Dwindles

On May 7th, defense attorneys for Dzhokhar Tsarnaev filed a motion to suppress statements that FBI agents claim Tsarnaev made during an interrogation in the Intensive Care Unit of Beth Israel hospital. The pre-trial wrangling over whether this interview, which took place before Tsarnaev was read his Miranda rights, can be admitted into evidence raises important questions about the right to counsel and the privilege against self-incrimination. In my latest column for WGBH News, co-authored with my research assistant Juliana DeVries, we explain how the Supreme Court has in recent years allowed for the serious erosion of these key Constitutional protections.     

You can read the column at the WGBH website

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Guest Appearance on Bill Frezza's 'Real Clear Radio Hour'

Last week I sat down with Bill Frezza for a radio segment titled: "Runaway Government." Our discussion touched on a range of issues covered in Three Felonies A Day including the proliferation of vague statutes, over-zealous prosecutors and selective prosecutions.

Listen to the full conversation here:
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Justice Goes After the GOP

My views on the Holder Justice Department’s ill-considered recent displays of prosecutorial overzeal and worse are set forth in my latest piece for the Wall Street Journal.

As always, I’d appreciate your feedback on the topic at hand and encourage you to either post a comment directly below the column on the WSJ’s website, or reach me directly at If you’d like to write a Letter to the Editor in response to my column, you can email

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A Ruling on Terrorism That Throttles Civil Liberties

On November 13th the United States Court of Appeals in Boston affirmed the conviction of young Sudbury pharmacology student Tarek Mehanna. Mehanna was convicted on charges of rendering “material support” to terrorism – a dangerously broad and vague provision of the Patriot Act – though nothing Mehanna did came close to posing actual danger. In our op-ed for the Boston Globe, my paralegal Juliana DeVries and I argue that the tragic Mehanna verdict was made possible by the Supreme Court’s 2010 decision in Humanitarian Law Project v. Holder. The Humanitarian Law Project decision opened the door for federal prosecutors to criminalize a wide range of previously protected expressive activities, such as those in which Mehanna engaged.


You can read our op-ed at:
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Civilization and Its Discontents: Burying the Boston Marathon Bomber

Americans conceive of our struggle against terrorism as an us-versus-them battle between our civilization and those who would seek to destroy it. But the recent controversy over the burial of Tamerlan Tsarnaev shows that our civilization can also fall victim to our own sometimes brutish impulses.

My latest column for, co-authored with my research assistant Zachary Bloom, addresses the ethical obligations that we as a civilized society must remember to obey in the wake of terrorist attacks. You can find it on my “Injustice Department” blog.

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Updates related to Harvey's
book Three Felonies a Day, a critical
take on the Justice Department

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