Tuesday, December 18, 2018

Quickies: On Talking To Agents Of The Federal Government

     It’s been observed on several occasions, by persons with bigger readerships than mine, that talking to an FBI agent, or any other federal agent, is a risky business, because of the statute that makes lying to one of them a prosecutable offense. The implied best course is not to talk to them regardless of any importunings they might make or assurances they might offer. But this, too, is a bad idea if followed too literally. The evidence is made plain by the current foofaurauw over the prosecution of Michael Flynn.

     If the FBI wants to get you, it can do so by falsification of documents. That’s apparently what happened to Flynn. Moreover, remember that even if you’re acquitted, the government can make your defense cost you everything you own, including your reputation. Therefore, if you refuse to talk to a federal agent, you’re still vulnerable. Who, after all, will control what’s written about you and what you said in a “302” document filed later on?

     So it seems it’s necessary to “talk” to the FBI agent – but with conditions:

  1. Be prepared to video-record the entire exchange.
  2. Have at least one witness present – preferably a lawyer.
  3. Answer every question with “No comment.”
  4. Do not be lured into responding to the agent’s offhand statements, regardless of their substance.
  5. Afterward, ensure the safety of the recording and make a handwritten record of the event in a bound journal.

     Would this safeguard you perfectly? It comes close...but the Omnipotent State has its ways. If it really wants to get you, it won’t stop there. Beware.

1 comment:


I might suggest having a couple of copies of the video distributed to people, done in a way that minimizes any chance of interception. I.e., no emailing it.

Physical copies, sent to persons you trust. And as another layer of paranoia, have them send it on to someone YOU DON'T KNOW as a double-blind protection.