Talk to law enforcement? Get a lawyer, first

  • 6 December 2017
  • NormanL
Talk to law enforcement? Get a lawyer, first

With the news that Lt. Gen. Michael Flynn pleaded guilty to a charge of lying to the FBI, the question of what a person should do if they are questioned by, or invited to speak to, law enforcement officials. The answer: maybe you can talk...but only if you've gotten good legal representation and advice first. Former federal prosecutor and First Amendment attorney Ken White tells us why this is so very, very important:

You don't know if you're in trouble. You say "I'll just go and tell the truth." Well, if you mean "I'll just go confess to anything I've done wrong and take the consequences," that's one thing. But if you mean "I'll just tell the truth because I've done nothing wrong and I have nothing to hide," you're full of shit. You don't know if you've done something wrong yet. Do you know every federal criminal law? Have you applied every federal criminal law to every communication and meeting and enterprise you've engaged in for the last five years? "But . . . but . . . the FBI said they just wanted to talk about that meeting and there was nothing wrong with that meeting." Dumbass, you've got incomplete information. Not only do you not know if there was anything wrong about that meeting, you don't know if that's what they'll ask about. If you're saying "I'll talk to them because I have nothing to hide," you are not making an informed choice.

Everybody lies. Especially the FBI. Look, mate: the FBI gets to lie to you in interviews. They can lie to you about what other people said about you. The can lie to you about what they've seen in your emails. They can lie to you about what they can prove. They can lie to you about what they know. Authority figures barking lies at you can be confusing and upsetting and stressful. Our brain says "I didn't do that thing but they say they have emails so maybe did I do that thing or sort of that thing?" Many people react by blurting out more or less random shit or by panicking and lying. Do you have what it takes not to do that? Better be sure.

Remember: the FBI wins nearly any way. Confess to a crime? They got your confession. Lie? They almost certainly know you lied, and already have proof that your statement is a lie, and now they've used the investigation to create the crime.

The answer is to shut up and lawyer up. A qualified lawyer will grill you mercilessly and help you make an informed rational choice about whether to talk. Then, if you decide to talk, the lawyer will prepare you exhaustively for the interview so you can spot the pressure tactics and interrogation-room tricks, and so you will have refreshed your memory about what the truth is.

Your best intentions to tell the truth are a thin shield.

Even if you are among the vast majority of people who value the truth, and believe they have absolutely nothing to hide, call a lawyer. A good one. It's your right to do so, after all.