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Dead Constitution
See other Dead Constitution Articles

Title: How the Interrogation of Reality Winner Reveals the Deceptive Tactics of “Exceedingly Friendly” FBI Agents
Source: [None]
URL Source: https://theintercept.com/2017/12/28 ... ceedingly-friendly-fbi-agents/
Published: Dec 28, 2017
Author: Peter Maass
Post Date: 2017-12-28 08:33:17 by Ada
Keywords: None
Views: 153
Comments: 2

In late January, George Papadopoulos did what a lot of Americans do when FBI agents ask for a few minutes of their time — he agreed to talk. It’s a decision he likely regrets, because in October the former adviser to President Donald Trump’s election campaign pleaded guilty to making false statements to the FBI. He is now a key figure in special counsel Robert Mueller’s investigation of Russian interference in the 2016 election.

The court files in the Papadopoulos case say little about the conditions of his chat with the two FBI agents. We don’t know how long it lasted, where in Chicago it took place, what its tenor was, or whether Papadopoulos was aware the agents probably knew the answers to most questions they asked. One thing, though, is clear: Papadopoulos engaged in a form of self-harming behavior that defense lawyers always advise against — saying “yes” when a pair of friendly FBI agents knock on your door and ask to chat.

His interrogation was recorded but the transcript has not been released, so it’s impossible to know precisely what the FBI agents might have said that gave Papadopoulos the impression it would be in his interests to talk and to lie. But in another high-profile case, involving former NSA contractor Reality Winner, the government released a transcript of the interrogation. It provides a verbatim example – and a rare example – of how FBI agents ingratiate themselves with unsuspecting suspects and intimidate them into saying things that bring doom upon them.

The interrogations of Winner and Papadopoulos were what the FBI likes to call “non-custodial,” so they were not read their Miranda rights — because, the FBI claims, they were not arrested or detained at the time of the interrogation. (Winner’s lawyers have argued in court filings that she was effectively detained and should have been Mirandized.) By avoiding the obligation to inform suspects of their right to a lawyer and the right to stay silent, the FBI makes it easier to get Americans to say things – whether truths or lies — that will be used against them. The Fifth Amendment protects people from testifying against themselves, of course, and the Sixth Amendment provides the right to legal counsel, but law enforcement authorities get around these constitutional protections by contending that some interrogations are “non-custodial.” The result is that suspects are enticed into talking before they realize the jeopardy they face and the rights they possess.

“Because warnings are only required prior to custodial interrogation, one way to minimize the impact of Miranda on investigations is to try to conduct interrogations whenever possible in non-custodial settings (such as the suspects home or on the street, without arrest-like restraints),” notes an article in Police Magazine, which caters to the law enforcement community. The article bore the headline, “How to talk to suspects without Mirandizing.”

There’s a problem with that kind of advice — the presence of law-enforcement officers can turn homes and sidewalks into coercive environments, making the distinction between “custodial” and “non-custodial” a murky if not artificial one. The Winner transcript, which was released in September, offers an unusual look inside one of these home interrogations. In its early we’re-on-your-side phase, the interrogation pivoted on Winner’s love of dogs and her Crossfit workouts.

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#1. To: Ada (#0)

It all comes down to the final sentence:

The irony and unfairness is that FBI agents are not prosecuted for making false or misleading statements to the unaware citizens they interrogate.

They lied to her and she lied to them, but she gets prosecuted and they get a "job well done". Quite the double standard.

Then they lie to the American people too.

Pinguinite  posted on  2017-12-28   10:25:24 ET  Reply   Trace   Private Reply  


#2. To: Pinguinite (#1)

Since inception, the Fibees have been the enemy of the American people and the ally of our rulers.

Ada  posted on  2017-12-28   15:00:37 ET  Reply   Trace   Private Reply  


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