Thursday, December 28, 2017

How the Interrogation of Reality Winner Reveals the Deceptive Tactics of “Exceedingly Friendly” FBI Agents



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 “noncustodial,” 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 noncustodial. 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 noncustodial settings (such as the suspect’s 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.”

https://theintercept.com/2017/12/28/how-the-interrogation-of-reality-winner-reveals-the-deceptive-tactics-of-exceedingly-friendly-fbi-agents/

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