(Correction, so far the DOJ has only alleged that Tsarnaev sent a text message to his friends that they could take what they wanted. Why that led them to dispose of one item, the backpack, is not completely clear to me.)
The USAO Mass will try to prove that Dzhokhar Tsarnaev told his fellow students at UMass Dartmouth to dispose of his laptop, backpack, etc. The NSA likely recorded telephone conversations alleged to have taken place. Those are the best evidence of Tsarnaev telling or not his roommates to do something or to take his laptop and backpack.
Did he say they could have them? Or did he say put them in a landfill? The recording is the best evidence of this critical point.
The Best Evidence Rule requires that these recordings be put into evidence. But that would show the government was monitoring this group the entire time. This includes between the Boston Marathon Bombing and the chase on Thursday instigated by the FBI using false information to cover up its NSA surveillance.
The same applies to pre Boston Marathon Bombing events. The NSA tapes are the best evidence and must be put into evidence. This will show the NSA was monitoring the Tsarnaevs the whole time.
This brings up whether Tamerlan Tsarnaev was a CIA or FBI informant or agent. That has to be admitted into evidence. That means revealing his CIA, FBI, NSA files. The judge has refused to let the defense see them. This clearly violates due process of law.
Once the public hears audio tapes before the Thursday chase and before the Boston Marathon Bombing itself that proves the government was in LIHOP mode. The Tsaranev file then takes it to MIHOP.
This also opens up recordings, files and documents of other government conversations on monitoring Tamerlan Tsarnaev and his relation as an agent to the US government.
Whether Dzhokhar Tsarnaev was guilty of some counts or deserves death depends on what the relation was between Tamleran Tsarnaev and the US government. It also depends on whether the US government scheduled or knew of the drills at Boston Marathon in the context of its information about the Tsarnaevs and their preparation.
The judge is desperately trying to keep this out of court, because once the jury and public hear the tapes and see the files, they will know it is LIHOP to MIHOP. They will know FBI has lied to the public and Congress from the time of the Boston Marathon bombing to now.
The judge has long since abandoned the rules of evidence and due process of law in a desperate attempt to protect the DOJ, FBI, CIA, NSA and other parts of the government from being exposed as to what they knew and when they knew it. They have LIHOP culpability at best and MIHOP at worst. Once the audio of these recordings is played in court, everyone will know that.
This is draft and preliminary. The above is hypotheses and speculation. Comments and corrections welcome. Please restate as questions. All other disclaimers apply.