Is an FBI Interview a G-Man´s License to Lie?
Real Clear Investigations,
by
Eric Felten
Original Article
Posted By: drive,
3/21/2019 1:28:31 PM
At 10:38 on the morning of Feb. 4, 2019, the deputy for United States District Judge Amy Berman Jackson said, “Good morning, Your Honor. This is a sealed proceeding, and the courtroom has been locked.” It was a hearing at which lawyers for Special Counsel Robert Mueller would argue that Paul Manafort had lied to them during 12 interviews, both before and after striking his plea bargain on foreign lobbying and money laundering charges. We know what was said behind those locked doors because a word-for-word transcript was made of the courtroom proceedings.
Reply 1 - Posted by:
WhamDBambam 3/21/2019 1:50:11 PM (No. 8298)
I´m beginning to suspect that having a FBI badge is a license to lie.
23 people like this.
Reply 2 - Posted by:
InvestiGator 3/21/2019 2:02:17 PM (No. 8294)
302’s are fine for documenting the essence of interviews and other investigative actions but should never be used to prosecute someone for lying.
26 people like this.
Reply 3 - Posted by:
stablemoney 3/21/2019 2:02:49 PM (No. 8290)
A video recording should be made of the interviewee and the interviewer, so that that a full evaluation can be made. The FBI can have facial expressions, incredulities, baiting, whatever, and I want to see how they are reacting behind their questions. All 302´s should be thrown out as impermissable evidence.
42 people like this.
Reply 4 - Posted by:
ROLFNader 3/21/2019 2:25:30 PM (No. 8285)
It scares me to think how in the heck this procedure got started with the FBI. How many thousands of victims sit in jail as a result of this? Get a damned camera! It´s not like their hard to find. Everyone has one in there pocket except when they´re in bed.
Sheeeeesh..
26 people like this.
Reply 5 - Posted by:
Chuzzles 3/21/2019 2:56:44 PM (No. 8297)
They were given the right to lie, the moment they were given a pass on having to officially record interviews with people. When you are allowed to use your own memories about the interview you did with somebody, chances are real good you are going to lie and make up stuff to make your case stick.
19 people like this.
I´m not a lawyer or judge, but I have been a juror. It would have taken a New York minute to vote "Not Guilty" on this "evidence" for this charge.
The judge admits, “I may not be able to resolve (the prosecution’s characterization of Manafort’s testimony) on the face of the 302.” That strikes me as the judge had serious doubts...and what did she do? She jacked up Manafort´s jail time.
24 people like this.
Reply 7 - Posted by:
HPmatt 3/21/2019 2:59:20 PM (No. 8284)
You can see they use this process to screw over people stupid enough to talk to them. Look at Gen Flynn. Look at their books - we did interviews and then wait to write 302 depending on way the wind is blowing. This is J Edgar Hoover era stuff - should be all high-tech with time/date stamp so no records c/b ´adjusted´ to put innocent people in Prison after lawyering them to bankruptcy.
29 people like this.
Reply 8 - Posted by:
tsquare 3/21/2019 3:12:38 PM (No. 8295)
Lesson learned. No “interview” without my taking my own notes contemporaneously
22 people like this.
Reply 9 - Posted by:
bad-hair 3/21/2019 3:53:41 PM (No. 8292)
Never mind just the FBI..Lying to them is apparently actually a crime. On the other hand during interview-questioning-interrogation, ANY cop can lie to you with no consequences. Read a book called the right to remain innocent. Be polite but if the questions start sounding accusatory, invoke your 4th (not 5th) amendment rights and CALL A LAWYER>
13 people like this.
Reply 10 - Posted by:
Heil Liberals 3/21/2019 3:55:38 PM (No. 8288)
Would a 302 be allowed as admissible evidence for a defendant? Or, would it be ruled as here-say since it doesn´t represent the original conversation? We know that police use their notes to help clarify their testimony, but law enforcement relies on audio/video to solidify their case. It is beyond acceptable that the FBI relies on such manipulable recording techniques that are included as evidence at trial. This is the 21st century and it´s past time for the FBI to act like it.
23 people like this.
Reply 11 - Posted by:
Gordon Mills 3/21/2019 4:06:52 PM (No. 8286)
It´s a fact the FBI can lie to you but you can not lie to them without potential criminal charges.
17 people like this.
Reply 12 - Posted by:
iraengneer 3/21/2019 4:27:11 PM (No. 8291)
And, again
Abolish the F.B.I. as well as its peers like DEA, ATF, and too durn many others. We neither need nor want a Federal Police force, it is contrary to our Constitution, and has become a power in its own right. Unelected, unaccountable, and free of the restraints on citizens and local policing agencies. And growing ever worse and more powerful. End it!
24 people like this.
Reply 13 - Posted by:
DVC 3/21/2019 5:38:04 PM (No. 8289)
US courts have repeatedly ruled that police officers are allowed to lie to people that they are investigating.
of course, if you lie back to an FBI agent, that is considered a crime.
I think the lesson here is that if the FBI wants to talk to you, the answer is always, talk to my lawyer, and MEAN IT, and DO IT.
19 people like this.
Reply 14 - Posted by:
bad-hair 3/21/2019 5:49:15 PM (No. 8287)
"Rules of evidence" apply. In court hearsay evidence "I object, you honor" applies to what is said. If the witness is a police officer (FBI?) hearsay is admissible. CALL A LAWYER before you talk.
Even statements and questions answered BEFORE Miranda rights can be used because cops can testify that you said it. Hearsay, but they´re exempt. CALL a LAWYER if you don´t understand rules of evidence.
19 people like this.
Reply 15 - Posted by:
lakerman1 3/21/2019 7:50:51 PM (No. 8296)
There are, I believe, 21 exceptions to hearsay evidence. Police records are one of the 21. Company records kept in the normal course of business are another. Death bed statements are another. (an interesting implicit injection of religion into the law. No one who is about to die would lie and go to hell.) Excited utterances is/are another exception.
21 people like this.
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