SHOULD ANYONE SPEAK TO THE FBI?

With Robert Mueller’s Special Counsel Investigation in full swing, many are reminded of the Martha Stewart prosecution and how she was ultimately acquitted of the charges that were connected to the underlying investigation but was nonetheless found guilty of lying to the FBI.

Title 18 U.S.C. section 1001 makes it a felony punishable by up to 5 years in prison, to knowingly make a false, material statement regarding any matter under the jurisdiction of the three branches of our federal government.  Amazingly, a MAJORITY of the five non “Russian Bot” defendants who have been indicted as a result of Mueller’s investigation – Michael Flynn, George Papadopoulos, and Alex Van Der Zwaan, have been charged with only one thing:  making false statement(s) to the FBI under 18 USC 1001.  There is a silver lining though, as this provides me the perfect opportunity to illustrate and support my constant refrain to family, friends, acquaintances and even strangers:  There is virtually no reason under the sun to speak with the FBI.  Ever.

Had each of these three men exercised their 5th Amendment constitutional right to remain silent, they would be living today without the faintest thought of prison life anywhere within their consciousness.  In the end, unfortunately the blame for many of these charges and convictions falls squarely on the glass shoulders of their attorneys.  They were either out of their element, in over their heads, or simply inept; but in most such cases, by advising their client to speak with the FBI, they led their lamb-like clients to slaughter.  I am hopeful that this latest batch of human guinea pigs will suffer publicly enough to raise awareness of the real dangers inherent in speaking to agents of our federal government.

Some may fear that the spread of this “don’t talk to the feds” sentiment could do great harm to the ability of our federal law enforcement agencies to perform their crucial function of keeping the country safe.  I agree that such a concern is legitimate, but federal law enforcement officials need only look in the mirror if the time for assigning blame for that problem ever arrives, as it is heavy-handed political prosecutors like Robert Mueller and the overzealous buffoon who prosecuted Martha Stewart – interestingly enough none other than James Comey – who brought this systemic glitch to the fore.  

My professional and personal feeling is simple: Unless one is the victim of a crime, the resolution of which the FBI or another federal authority has jurisdiction over, then no person on this rotating mound of earth, wind, fire and water should EVER speak to a “fed” of any stripe.