Wednesday, May 23, 2018

"I Do Not Remember"

Many of the indictments and guilty pleas that Mueller has obtained are called "process crimes": screwing up in the investigation of a crime, usually by making a false statement to the FBI, which is not something sworn under oath.  Why is this a crime?  Other than perjury, lies are not usually crimes except in fraud cases.  In politics, they are SOP.

Worse, you may not remember who or when you met or talked to someone in 2016, during a hectic campaign.  If you intentionally lie or simply misremember you are likely going to prison.  But "I do not remember" is a perfect statement.  How can a prosecutor prove you are lying, except use of a mind probe?  Unless something illegal happened at the meeting and there is documentary evidence of that (which would make you an idiot), you are safe.  There might be documentary evidence of a meeting with someone, but "I do not remember" prevents a process crime.


  1. I'm sorry, my mind's turned to mush since this all started.
    If I have CRAFT* disease, am I entitled to reasonable accommodation under the Americans with Disabilities Act? Perhaps the assistance of a lawyer.

    *Can't Remember A Freakin' Thing

  2. Note also "lying to the FBI" means what they wrote in the 302 form afterwards disagrees with what they claim you believed to be true.

    Seriously, the FBI doesn't record these interviews, and it's rumored that one of the the most explosive things that's coming out of the Inspector General's upcoming reports is that McCabe? ordered some agents to change some 302 forms.

  3. Not a criminal defense lawyer but wouldn't "I think...." also mitigate culpability?

  4. Ever since the Martha Stewart conviction I've decided that if I am every questioned by federal law enforcement, on any question, I will cooperate fully, but will answer only in writing to questions submitted in writing, after I and my attorney have had an opportunity to do a thorough review of question, proposed answers, and any relevant records.

    If people can be convicted based on what they've said in conversation with federal agents, I will never have a conversation with a federal agent.