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posted by janrinok on Saturday December 02 2017, @11:59AM   Printer-friendly

President Trump's former national security adviser, Michael T. Flynn, pleaded guilty on Friday to lying to the F.B.I. about conversations with the Russian ambassador last December during the presidential transition, bringing the special counsel's investigation into the president's inner circle.

Mr. Flynn, who appeared in federal court in Washington, acknowledged that he was cooperating with the investigation by the special counsel, Robert S. Mueller III, into Russian interference in the 2016 election. His plea agreement suggests that Mr. Flynn provided information to prosecutors, which may help advance the inquiry.

https://www.nytimes.com/2017/12/01/us/politics/michael-flynn-guilty-russia-investigation.html


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  • (Score: 5, Insightful) by MrGuy on Saturday December 02 2017, @05:22PM (3 children)

    by MrGuy (1007) on Saturday December 02 2017, @05:22PM (#604323)

    Regardless of what you do or don't think of Michael Flynn, the fact that he's charged with this particular crime should be concerning to anyone who thinks we live in a free nation of laws where the government cannot imprison people at will. That's because Flynn is charged under Title 18, Section 1001, which makes it a federal felony to mislead investigators.

    Well, what's wrong with that? Lying to federal investigators SHOULD be a crime, shouldn't it? Maybe it should, but Section 1001 is notorious for being used to MANUFACTURE felonies. Because the standard of "misleading" investigators is EXTREMELY weak. IF you make a statement - ANY statement - to federal investigators, and it's not true, and it's the TYPE of statement that COULD mislead investigators, then it's a felony. Even if there's no intent to mislead. Even if the investigators are not in fact mislead.

    Why is this a problem? Because it allows federal prosecutors to target individuals they think are guilty of "something" and manufacture the crime by tricking them into lying about it. For example, they know you met with someone, and so they interview you and ask about it, HOPING you lie about it. Then it's a felony, and you're dead meat. [popehat.com] There is, of course, no ACTUAL misleading that happens. The investigators already KNEW that you were at the meeting. The denial didn't actually mislead. But it's the sort of thing that COULD have mislead. So it's a felony.

    This allows investigators to create perjury traps, [popehat.com] where potentially something as constitutionally protected as denying guilt (as is your fifth amendment right) can be a felony.

    That's not to say that Flynn was entrapped in this case. Or that he didn't materially intend to lie to investigators. Or that he did not in FACT mislead them. I'm not defending Michael Flynn.

    But Title 18 Section 1001 is an affront to our constitution, and we should all be very, very afraid of it.

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  • (Score: 2) by Tangaroa on Saturday December 02 2017, @06:11PM

    by Tangaroa (682) on Saturday December 02 2017, @06:11PM (#604335) Homepage
    In a lot of terrorist cases, they convicted the guy on lying to the FBI and nothing else. I was never happy about that.
  • (Score: 2) by Arik on Saturday December 02 2017, @07:13PM (1 child)

    by Arik (4543) on Saturday December 02 2017, @07:13PM (#604355) Journal
    "Well, what's wrong with that? Lying to federal investigators SHOULD be a crime, shouldn't it? "

    Why?

    It's not a crime for them to lie to you or I. In fact, it's part of their training.

    One of the reasons you should never speak with police/LEOs, period. If they have questions then ask them to write those questions down and send them through your lawyer.

    "IF you make a statement - ANY statement - to federal investigators, and it's not true, and it's the TYPE of statement that COULD mislead investigators, then it's a felony. Even if there's no intent to mislead. Even if the investigators are not in fact mislead."

    Yep. This is one of those laws that's just custom written to be abused.

    --
    If laughter is the best medicine, who are the best doctors?
    • (Score: 3, Informative) by NotSanguine on Saturday December 02 2017, @10:12PM

      by NotSanguine (285) <NotSanguineNO@SPAMSoylentNews.Org> on Saturday December 02 2017, @10:12PM (#604425) Homepage Journal

      One of the reasons you should never speak with police/LEOs, period. If they have questions then ask them to write those questions down and send them through your lawyer.

      I usually disagree with you, Arik. But this time I wholeheartedly agree with you.

      Anyone who doesn't agree with Arik's statement above should watch this. It's long, but if you don't already know this, it's well worth it. [youtube.com]

      The video linked is a lecture by a criminal defense lawyer/law professor and a 3rd year law student who is also a 20+ year veteran of law enforcement. TL;DW: Don't talk to law enforcement. Ever. For any reason. It always hurts and can never help.

      --
      No, no, you're not thinking; you're just being logical. --Niels Bohr