It is reasonably clear that Dzhokhar Tsarnaev did not in fact cause an explosion at the Boston marathon. One cannot tell at this point if he and his now deceased brother Tamerlan have been blamed for the bombings out of malice or incompetence, but what happened was that some other person or persons infiltrated a drill taking place concurrently with the marathon and set off two explosions, and that the decision to charge them was made three days later. (The FBI’s press conference the first day after the event still speaks as if there were a single culprit.) It is possible, though not certain, that the brothers were part of the drill, with the assigned role of setting off smoke bombs.

The arguments for these statements are readily available (see this post and this post) and I don’t intend to repeat them here. My concern now is with the fact that the defendant’s lawyers, who surely know the truth. have been publicly silent. In the context of a highly publicized matter they have not so much as said “we look forward to presenting our side of the case at trial,” and are acting as if they agree that he is guilty. In this way nothing is being done outside of dissident websites to counter the public consciousness whereby his guilt is taken as a given.

Why is this?

Without further ado I give my speculation. It is that the government has in one way or another communicated to the defense attorneys Judy Clarke and Miriam Conrad that there will be no plea bargaining to remove the death penalty unless they keep quiet and allow the Islamophobic public hysteria to build, and that they have agreed among themselves to acquiesce, out of a greater concern with saving Tsarnaev’s life than with refuting his guilt.