To reiterate: upon first being contacted by any government investigator, the safest thing to say is, “Excuse me, but I’d like to talk to my lawyer before I say anything to you”. Or, “I have nothing to say to you. I will talk to my lawyer and have her (or him) contact you.” If agents ask for your lawyer’s name, ask for their business card, and say. You will have your lawyer contact them, Remember to get the name, agency, and telephone number of any investigator who visits you. If you do not have a lawyer, call the Movement Support Network Hotline (212) 4775652, or call the local office of the National Lawyers Guild.
As soon as possible after your first contact with an investigator, write a short memo about the visit, including the date, time, location, people present, any names mentioned by the investigators, and the reason they gave for their investigation. Also include descriptions of the agents and their car, if any. This may be useful to your lawyer and to others who may be contacted by the same agents.
After discussing the situation with your lawyer, you may want to alert your coworkers, friends, neighbors, or political associates about the visit. The purpose is not to alarm them, but to insure that they understand their rights, It might be a good idea to do this at a meeting at which the history of investigative abuse is presented.
If I don’t cooperate, doesn’t it look like I have something to hide?
This is one of the most frequently asked questions. The answer involves the nature of political “intelligence” investigations and the job of the FBI. Agents will try to make you feel that it will “look bad” if you don’t cooperate with them, Many people not familiar with how the FBI operates worry about being uncooperative. Though agents may say they are only interested in “terrorists” or protecting the President, they are intent on learning about the habits, opinions, and affiliations of people not suspected of wrongdoing. Such investigations, and the kind of controls they make possible, are completely incompatible with political freedom and with the political and legal system envisaged by the Constitution.
While honesty may be the best policy in dealing with other people, FBI agents and other investigators are employed to ferret out information you would not freely share with strangers. Trying to answer agents’ questions, or trying to “educate them” about your cause, can be very dangerous as dangerous as trying to outsmart them, or trying to find out their real purpose, By talking to federal investigators you may, unwittingly, lay the basis for your own Prosecution for giving false or inconsistent information to the FBL. It is a federal crime to make a false Statement to an FBI agent or other federal investigator. A violation could even be charged on the basis of two inconsistent statements spoken out of fear or forgetfulness.
Are there any circumstances under which it is advisable to cooperate with an FBI investigation?
Never without a lawyer. There are situations, however, in which an investigation appears to be legitimate, narrowly focused, and not designed to gather political intelligence. Such an investigation might occur if you have been the victim of a crime, or are a witness to civil rights violations being prosecuted by the federal government. Under those circumstances, you should work closely with a lawyer to see that your rights are protected while you provide only necessary information relevant to a specific incident. Lawyers may be able to avoid a witness’ appearance before a grand jury, or control the circumstances of the appearance so that no one’s rights are jeopardized.
How can grand juries make people go to jail?
After being granted immunity and ordered to testify by a judge, grand jury witnesses who persist in refusing to testify can be held in civil contempt.” Such contempt is not a crime, but it results in the witness being jailed for up to 18 months, or the duration of the grand jury, whichever is less. The purpose of the incarceration is to coerce the recalcitrant witness to testify. In most political cases, testifying before a grand jury means giving up basic political principles, and so the intended coercion has no effect witnesses continue to refuse to testify.
Witnesses who, upon the request of a grand jury, refuse to provide “physical exemplars” (samples of handwriting, hair, appearance in a lineup, or documents) may also be jailed for civil contempt, without having been granted immunity.
The charge of “criminal contempt” is also available to the government as a weapon against uncooperative grand jury witnesses. For “criminal contempt there is no maximum penalty the sentence depends entirely on what the judge thinks is appropriate. Charges of criminal contempt are still rare. They have been used, however, against Puerto Rican independentist as, especially those who have already served periods of incarceration for civil contempt.
Is there any way to prevent grand jury witness from going to jail?
There is no surefire way to keep a grand jury witness from going to jail. Combined legal and community support often make a difference, however, in whether a witness goes to jail and, if so, for how long. Early awareness of people’s rights to refuse to talk to the FBI may, in fact, prevent you from receiving a grand jury subpoena. If the FBI is only interested in getting, information from you, but not in jailing you, you may not receive a grand jury subpoena.
What can lawyers do?
A lawyer can help to ensure that government investigators only do what they are authorized to do. An attorney can see to it that you do not give up any of your rights.
If you are subpoenaed to a grand jury your lawyer can challenge the subpoena in court, help to raise the political issues that underline the investigation, and negotiate for time. Your lawyer can also explain to you the grand jury’s procedures and the legal consequences of your acts, so that you can rationally decide on your response.
Article extracted from this publication >> December 7, 1990
