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Reminder: Never talk to the police... Especially FEDERAL agents!!

georg jetson

Regular Member
Joined
Sep 14, 2009
Messages
2,416
Location
Slidell, Louisiana
As law abiding citizens, we need to constantly be reminded of how important it is that we never engage in investigatory conversion. That holds true even more so for LAC encountering FEDERAL agents. Please read...

http://library.findlaw.com/2004/May/11/147945.html

How to Avoid Going to Jail under 18 U.S.C. Section 1001 for Lying to Government Agents

Short excerpt...

"Did you know that it is a crime to tell a lie to the federal government? Even if your lie is oral and not under oath? Even if you have received no warnings of any kind? Even if you are not trying to cheat the government out of money? Even if the government is not actually misled by your falsehood? Well it is."
 

SFCRetired

Regular Member
Joined
Oct 29, 2008
Messages
1,764
Location
Montgomery, Alabama, USA
Bottom line is, to paraphrase an old advertisement, "Let your lawyer do the talking."

The federal law is entirely too broad and needs to be changed. Under the present statute, you can make a statement about something that happened, honestly believe that is the truth, and still be indicted when the government finds that it is not.

George Orwell would be so pleased that his predictions turned out to be so close to the truth.
 

paramedic70002

Regular Member
Joined
Jun 14, 2006
Messages
1,440
Location
Franklin, VA, Virginia, USA
Funny this should pop up now. I am currently waiting for a call from an FBI investigator. I am a reference for an NG soldier who is being processed for a security clearance. I've never done anything like this before.

I have no intention of lying, and the soldier has not coached me on any issues, yet I wonder if a question may come up that might cause me to give a "soft/gray" answer.

Would I then be subject to prosecution if my answer is found to be anything other than the naked truth? Is there a proper way to decline to answer a particular question? Am I worrying too much?
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Would I then be subject to prosecution if my answer is found to be anything other than the naked truth? Is there a proper way to decline to answer a particular question? Am I worrying too much?

yes you could be arrested ... of course your non-cooperation will result in your friend not getting their clearance, maybe

these are considerations to look at BEFORE you accepted your friend's request...if he did not ask you then you are free to decline to answer any questions without immunity from GOV'T criminal arrest.
 

pfries

Regular Member
Joined
Jul 8, 2012
Messages
182
Location
East Tennessee
You are over thinking it; remember there still are phrases that leave the door open.
"To the best of my knowledge" "in my opinion" "as best I can recall"
A large part of what they are after is opinions on the individuals’ character.
 

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
Funny this should pop up now. I am currently waiting for a call from an FBI investigator. I am a reference for an NG soldier who is being processed for a security clearance. I've never done anything like this before.

I have no intention of lying, and the soldier has not coached me on any issues, yet I wonder if a question may come up that might cause me to give a "soft/gray" answer.

Would I then be subject to prosecution if my answer is found to be anything other than the naked truth? Is there a proper way to decline to answer a particular question? Am I worrying too much?

Don't worry about it...if you don't know, just say you don't know..if they ask an opinion, state "in my opinion..." they are not going to ask you specifics, don't give them specifics. I know, when I was getting my BI years ago they even went and interviewed my relatives in Canada and Europe...my parents got calls from them..."is Herman in trouble with the law? The FBI was here and was asking questions"
 
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O2HeN2

Regular Member
Joined
Jan 23, 2012
Messages
229
Location
Colorado Springs, Colorado, USA
yet I wonder if a question may come up that might cause me to give a "soft/gray" answer.
Answer everything honestly. To give you a very solid example, a group of shooters, including myself and a good friend of mine who has a security clearance, were arrested leaving leaving a gun range many, many years ago. Long story short, bogus arrest, we sued the sheriff's department for false arrest and won despite having a lousy lawyer, but that's another story.

I'm always a reference for this guy's security clearance. When they're interviewing me the question is always asked: "Has <blah> ever been arrested?" to which I answer "Yes", then usually "can you give me more details?" And I give the details. Basically they already know he had been arrested. And they knew why, and the details. Not only are they checking out <blah>, but they're evaluating his references as well to see if they're credible. If you bend the truth you won't be helping your friend out at all and they'll discard you as a credible reference.

O2
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Answer everything honestly. To give you a very solid example, a group of shooters, including myself and a good friend of mine who has a security clearance, were arrested leaving leaving a gun range many, many years ago. Long story short, bogus arrest, we sued the sheriff's department for false arrest and won despite having a lousy lawyer, but that's another story.

I'm always a reference for this guy's security clearance. When they're interviewing me the question is always asked: "Has <blah> ever been arrested?" to which I answer "Yes", then usually "can you give me more details?" And I give the details. Basically they already know he had been arrested. And they knew why, and the details. Not only are they checking out <blah>, but they're evaluating his references as well to see if they're credible. If you bend the truth you won't be helping your friend out at all and they'll discard you as a credible reference.

O2

G-Man: Has <blah> ever been arrested?
Me: You are a G-Man and you are asking ME if <blah> has ever been arrested?....GET OFF MY LAWN!!!! F-ing 'nitwit bureaucrat' (redundant) POS!!!!
 

Ca Patriot

Regular Member
Joined
Feb 25, 2010
Messages
2,330
Location
, ,
Our founding fathers gave us the PROTECTION of the 5th Amend for a veryy good reason.

Our government run schools teach a whole lot of nonsense but they should be teaching kids starting in kindergarten about our constitutional RIGHTS and PROTECTIONS.

It amazes me how many sheep in this country dont even know and dont even assert their rights and protections.
 
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