How is it possible for the FBI agents to approach a citizen to interview them, and then use the evidence gained from the interview against said citizen without having read the citizen his/her Miranda rights? The FBI calls the record of the interview a 302. The FBI does not have to have a video or a recording of the meeting—just the notes of the agent/agents conducting the interview. How can this be?
During my career I experienced one of these interviews by two FBI agents (they have two so that they can corroborate each other—you may be alone) that came to my office cold turkey. They made it appear that they are just two good ole boys doing their job. I was totally ignorant that it was a federal offense to lie to a FBI agent. I did not have any intention of lying to them, but I could have made an honest mistake, and they could have easily made it appear that I was lying. I did have sense enough to call one of my subordinates that had daily intimate responsibility for the matter of interest to the FBI into my office to participate in the discussion. The interview proceeded, we answered all of their questions, they left and we never heard another word from anyone about the matter.
Here is the crux of the matter. Had the FBI agents advised me that anything I said from the time they entered my office could and would be used against me, then I would have requested the presence of an in-house attorney who was in the building a mere two floors below my office. The agents were very proficient at making it appear that I had nothing to worry about so that this did not happen.
The rules for the FBI to do a 302 should be changed to represent the changes in technology available today. Video cameras are so small and could be readily employed in any interview. A cell phone could suffice. Then the FBI would no longer be able to depend upon the notes of any agents to verify what transpired during the interview. if we as a society now almost universally require policemen to wear body cameras, then in a sense, so should the FBI. Period.
I agree with all you said. In the instant case, the 302’s have been altered. They have also been switched. Finally, the original 402’s have never been provided to Flynn. The Judge has a duty to correct these matters. Refuses to do so. Agent Pienkta has disappeared. Probably transderred to the Wuhan Office.
One of the great things about this Flynn crap is that very few informed people will look at the FBI the same way. If they have questions, then we will immediately infer that we’re a target, or potential target, and answer any questions that way - along with DEMANDING a recording of said questioning.
They basically disclosed their most effective tool against us ‘commoners’ in trying to get to Trump. We may not like it, but it may well all be worth it.
the fact that the FBI can and will use these ‘302s’ against people, and will not even interview people if a recording device is present tells you all you need to know about their criminal organization.