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
(Score: 5, Insightful) by The Mighty Buzzard on Saturday December 02 2017, @01:08PM (17 children)
It unfortunately is. See above for links. You can tell them the truth or not say a word but you can't lie to them. Personally, I call bullshit on that particular law. You're not in court, under oath when you're talking to law enforcement officers as a general rule. You should not be compelled to be truthful.
My rights don't end where your fear begins.
(Score: 0) by Anonymous Coward on Saturday December 02 2017, @01:58PM (3 children)
Was he read his Miranda Rights [wikipedia.org]? There is a mention in there that "anything you say may be used in a court of law".
(Score: 3, Insightful) by The Mighty Buzzard on Saturday December 02 2017, @02:11PM (2 children)
Right but it does not say you are under oath or necessarily need be truthful.
My rights don't end where your fear begins.
(Score: 2) by legont on Sunday December 03 2017, @01:34AM (1 child)
What about mighty English grammar? Can I answer all the questions with "Sir, it might have had happened, officer, Sir"
"Wealth is the relentless enemy of understanding" - John Kenneth Galbraith.
(Score: 3, Funny) by The Mighty Buzzard on Sunday December 03 2017, @02:41AM
So, you're saying ebonics is actually a canny attempt at skirting this particular pitfall?
My rights don't end where your fear begins.
(Score: 3, Insightful) by bradley13 on Saturday December 02 2017, @02:21PM (1 child)
Yeah, there are soooo many things wrong with this law. People make mistakes, people misremember, and under pressure sometimes people lie. The FBI loves to use this to entrap people.
What's worse is, afaik, you are not allowed to make your own recording of an FBI interview. So there's actually nothing stopping them from lying about what you said.
Everyone is somebody else's weirdo.
(Score: 2) by The Mighty Buzzard on Saturday December 02 2017, @02:46PM
Doesn't matter if you record them. They're absolutely allowed to lie to you.
My rights don't end where your fear begins.
(Score: 0) by Anonymous Coward on Saturday December 02 2017, @03:42PM
The only thing bullshit about it is that it's unidirectional. It should also be illegal for LEO to lie to suspects.
(Score: 3, Informative) by tonyPick on Saturday December 02 2017, @03:50PM
Ken White (from Popehat) has a good summary of this issue:
https://www.popehat.com/2010/02/26/rule-2-go-re-read-rule-1/ [popehat.com]
and here:
https://www.popehat.com/2011/12/01/reminder-oh-wont-you-please-shut-up/ [popehat.com]
(Note the dates - this is not a new tactic)
And also here:
https://www.popehat.com/2017/06/19/the-power-to-generate-crimes-rather-than-merely-investigate-them/ [popehat.com]
http://www.nationalreview.com/article/448755/trump-investigation-shows-how-easy-it-feds-create-crimes [nationalreview.com]
This case is not necessarily a good example of overreach, since the thing he lied about is definitely material to the investigation, but it's worth highlighting this quote:
(Score: 2) by Arik on Saturday December 02 2017, @07:17PM (4 children)
Yes, the law says this, but the point was about equal/fair treatment under that law.
Flynn failed to be completely truthful in questioning. No other crime was found than that, so they charged him with that.
H.R. Clinton lied many times over a period of years, in regards to behavior which was actually criminal, but she's not charged with anything.
Yet another indicator that what we're looking at here is a political prosecution, part of a power struggle going on inside the government right now, and all the talk of laws and crimes is only cover for that.
If laughter is the best medicine, who are the best doctors?
(Score: 1, Informative) by Anonymous Coward on Saturday December 02 2017, @08:27PM (1 child)
He pleaded guilty to lying to the FBI as part of a plea deal. They have a lot more on him that they will charge him with if he doesn't cooperate and sing.
(Score: 1) by Arik on Saturday December 02 2017, @08:34PM
To be so naïve.
If laughter is the best medicine, who are the best doctors?
(Score: 1, Informative) by Anonymous Coward on Saturday December 02 2017, @09:36PM (1 child)
Highly unlikely. If they had not found something worse (likely much worse), there would have been no incentive for him to strike a deal and plead guilty to a lesser charge.
Disclaimer: I think every Democrat and Republican probably deserves jail time.
(Score: 1, Informative) by Anonymous Coward on Sunday December 03 2017, @03:35AM
1. He's military. There is a different attitude. You fess up.
2. He can't afford a good lawyer for long enough. Costs will exceed $million. Only the rich can get a fair trial.
3. With a guilty plea, a request for leniency may do better.
4. He gets it over and done with so that he can get back to his family. If you had a choice, which ages of your children's lives would you miss? Answers may vary.
(Score: 1, Informative) by Anonymous Coward on Saturday December 02 2017, @09:56PM
"You should not be compelled to be truthful."
The idea that being truthful is even possible forgoes some reasoned interpretations of what "truth" is. IMHO it is unlikely that you could speak the truth even if you were compelled. Truth is state, and that is all it is. And all other definitions of "truth" are deceptive by the nature and volume of assumptions that are heaped on. Each addition presumption creating new exceptions compounding the lie we called "awareness".
While SCOTUS may find itself able to split hairs about "intent", to presume such prescient understanding is itself so arrogant as to be unequivocally fraudulent. After they read my mind perhaps they can walk on water and turn some water into wine.
(Score: 2) by NotSanguine on Saturday December 02 2017, @10:30PM (2 children)
As I understand it, lying to local/state police is *not* a crime unless you file a false report. This is not the case for *any* (FBI, IRS, DEA, ATF, etc.) federal law enforcement agency.
Regardless, you should never, under any circumstances, even talk to any representative of law enforcement, let alone lie to them. [youtube.com]
No, no, you're not thinking; you're just being logical. --Niels Bohr
(Score: 2) by legont on Sunday December 03 2017, @01:47AM (1 child)
While I tend to agree with you about talking to the "law", it is not very realistic approach. For example, does it mean that every say engineer working for any of law related agencies should have an attorney present with her all the time?
"Wealth is the relentless enemy of understanding" - John Kenneth Galbraith.
(Score: 2) by NotSanguine on Sunday December 03 2017, @02:44AM
It's quite realistic for me. If that approach causes you problems, you have my sympathy. No. I won't lend you any money.
No, no, you're not thinking; you're just being logical. --Niels Bohr