1 00:00:00,000 --> 00:00:12,240 The FBI and the whole Department of Justice have a number of tools that they use that 2 00:00:12,240 --> 00:00:20,760 are just calculated to get anybody prosecuted or threatened, credibly threatened with prosecution. 3 00:00:20,760 --> 00:00:27,600 Once they do that, it's very easy to turn any average person, any average law-abiding 4 00:00:27,600 --> 00:00:29,240 person into an informant. 5 00:00:30,000 --> 00:00:37,160 They find somebody that they want to turn into an informant. 6 00:00:37,160 --> 00:00:42,240 And what they do is they ask to interview a person. 7 00:00:42,240 --> 00:00:45,760 And when they interview a person, they always have two agents. 8 00:00:45,760 --> 00:00:47,520 Why two agents? 9 00:00:47,520 --> 00:00:52,440 One of them does the questioning, the other one takes notes. 10 00:00:52,440 --> 00:00:59,600 Then the agent who takes the notes goes back and types up what's called a form 302. 11 00:00:59,600 --> 00:01:08,760 And that form is the official record of what it was that the interviewee told the agent 12 00:01:08,760 --> 00:01:13,920 when questioned, when interviewed. 13 00:01:13,920 --> 00:01:19,920 The problem is that those 302s are notoriously inaccurate. 14 00:01:19,920 --> 00:01:32,160 But what they do is they kind of tie the witness to the story, not that the witness is told, but 15 00:01:32,160 --> 00:01:35,080 that the agent has typed out in the form 302. 16 00:01:35,080 --> 00:01:42,240 Now, why can't we have an accurate record of what the witness said? 17 00:01:42,240 --> 00:01:45,400 Why can't the agents record the interview? 18 00:01:45,400 --> 00:01:57,400 Well, the deep, dark secret is that there is an FBI policy, an official, formal policy, that the FBI agents will not interview a witness if there is a tape recorder going. 19 00:01:57,400 --> 00:02:16,400 A witness, if there is a tape recorder going, the FBI has doggedly fought to keep this regulation, they will only do their interviews with an agent sitting there taking notes and typing up a 302. 20 00:02:16,400 --> 00:02:29,000 There is a very pernicious, much-abused federal statute known to we lawyers as Title 18, United States Code, Section 3001. 21 00:02:29,000 --> 00:02:32,200 That's the infamous false statement statute. 22 00:02:32,200 --> 00:02:44,400 It says that anybody who is talking to any employee of the federal government, you know how many millions there are, and that includes, of course, FBI agents and federal prosecutors, 23 00:02:44,400 --> 00:02:51,400 commits a felony punishable by up to five years in prison if he or she makes a false statement, lies. 24 00:02:51,400 --> 00:02:53,400 Mind you, this is not under oath. 25 00:02:53,400 --> 00:02:56,400 This is just sitting there with an agent. 26 00:02:56,400 --> 00:03:04,400 The 302 form is the official record of what you said. 27 00:03:04,400 --> 00:03:26,400 So, if later on you are being asked to be a witness or an informant or whatever by the FBI or by the Department of Justice, you then have a version of what you thought you said, and to you that's the truth, right? 28 00:03:26,400 --> 00:03:31,400 But the agents will say, oh, no, no, no, no, when we interviewed you, you said this and this and we can prove it. 29 00:03:31,400 --> 00:03:33,400 It's in the form 302. 30 00:03:33,400 --> 00:03:38,400 It's been typed up by the agent who is taking notes. 31 00:03:38,400 --> 00:03:49,400 And that version in the form 302 is almost invariably favorable to the FBI and favorable to its purposes. 32 00:03:49,400 --> 00:04:03,400 If they're looking to use you as an informant in order to get somebody else or as a witness, they now, the official record is that you said such and such, even if you didn't and even if you claim you didn't, eventually what will happen is you have a choice. 33 00:04:03,400 --> 00:04:23,400 You either tell the truth, testify truth, if you're called before a grand jury, for example, and be charged with lying to the agent because the agent has a report that says you said such and such, you're testifying differently in the grand jury, obviously one of them is untrue. 34 00:04:23,400 --> 00:04:33,400 You're now a perjury, or if you lie before the grand jury, or you were guilty of a thousand and one false statement if you were lying for the agent. 35 00:04:33,400 --> 00:04:36,400 In other words, they have you in a vice. 36 00:04:36,400 --> 00:04:43,400 Once they have you in a vice, then they can have you do anything that they want. 37 00:04:43,400 --> 00:04:45,400 You are their servant. 38 00:04:45,400 --> 00:04:55,400 I have had numerous situations where a client has said, the FBI has called me, they want to interview me. 39 00:04:55,400 --> 00:04:57,400 I said, fine, come on to my office. 40 00:04:57,400 --> 00:05:03,400 I call up the FBI, I said, come on in, you can interview John Smith at my office. 41 00:05:03,400 --> 00:05:13,400 They come in, naturally it's the two agents, it's the interrogating agent and the secretary, and I then pull out my recorder. 42 00:05:13,400 --> 00:05:15,400 I put it right in the middle of the table. 43 00:05:15,400 --> 00:05:18,400 I said, okay, let's get started, guys. 44 00:05:18,400 --> 00:05:21,400 And they say, well, you'll have to shut that off. 45 00:05:21,400 --> 00:05:28,400 I said, well, actually, no, this is my office, so I don't have to shut it off, so let's go start the interview. 46 00:05:28,400 --> 00:05:32,400 And they'll say, well, we're not allowed to do this interview with a recorder. 47 00:05:32,400 --> 00:05:37,400 I said, oh, really, oh, that's really too bad because I'm not shutting it off. 48 00:05:37,400 --> 00:05:50,400 So we're on tape now that you have, my client has offered to speak with you, and the only reason that you're not speaking to my client is because we will have an accurate record of what's said. 49 00:05:50,400 --> 00:05:52,400 But I'm very sorry that you have to leave. 50 00:05:52,400 --> 00:05:53,400 Bye-bye. 51 00:05:53,400 --> 00:05:55,400 And that's the end of it. 52 00:05:55,400 --> 00:06:00,400 That's the only protection that you have in dealing with these agents. 53 00:06:00,400 --> 00:06:07,400 And most people, however, are not represented by counsel at the stage that they're visited by the agents. 54 00:06:07,400 --> 00:06:18,400 They give an interview, and even if they're totally, totally honest, they then become the servants of the Federal Bureau of Investigation because they've got you where they want you. 55 00:06:18,400 --> 00:06:23,400 That's why, you know, the advice we lawyers give, don't talk to them, is not cynical advice. 56 00:06:23,400 --> 00:06:29,400 It's very realistic, practical, and correct advice. 57 00:06:29,400 --> 00:06:40,400 And that's how, once they get you where you act as an informant, they then get you to entrap somebody else into saying something. 58 00:06:40,400 --> 00:06:48,320 And the scenarios that are built up, the FBI, they're experts in this, the scenarios can make anybody look guilty. 59 00:06:48,400 --> 00:06:51,400 So if this is hyvä, the witness the probably might look guilty as they can. 60 00:06:51,400 --> 00:06:53,400 That may be what I want you to do today. 61 00:06:53,400 --> 00:06:55,400 So it's very serious and important. 62 00:06:55,400 --> 00:06:58,400 It happens to be in that legal case, and the public's office will form a private website. 63 00:06:58,400 --> 00:07:01,400 So what you need to do today is through a possible battle challenge. 64 00:07:01,400 --> 00:07:10,120 In particular, some て- pronouns are people of 65 00:07:10,120 --> 00:07:10,980 what they look at. 66 00:07:11,180 --> 00:07:13,140 There seems to be.