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Comment: Greg...

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In reply to comment: I don't know what the problem (see in situ)


I hope you were being ironic. As well intentioned and patriotic as some FBI agents may be, they all understand a basic known to all law enforcement: they don't have to be truthful during interrogations, and whatever information given during interrogations can be used against the person being questioned. Asserting the Fifth Amendment right to silence under such conditions is not a lack of cooperation, it is a right given to us all under the Constitution.

I listened to the entire tape and found her tone to be respectful and nonconbative. This lady knew her rights and did a wonderful job communicating them in a nonconfrontational way.

I'd like to know who called about her political activities and exactly where that call came in. This person may have called either the FBI or possibly a tip line at the local fusion center. Either way, it sounds as if a concerned citizen made the call. Information of this sort is by definition not covered by 28 CFR part 23 ( Code of Federal Regulations: Criminal Intelligence Operating Policies) and not subject to Fourth Amendment protections this case, these protections are reserved for intelligence developed by law enforcement. When a tip is called into the FBI or a fusion center, the only thing law enforcement can legally do is try to follow up and get further information offered voluntarily...there's no suspicion of criminal activity, after all. This means that information stated voluntarily may not receive constitutional protection at all...and without an attorney, this woman stands a risk of her statements being misinterpreted as an intent of some criminal act. She is very, very smart to remain silent.

One last thing. In Maryland the State Police infiltrated meetings of peace activists. Several prominent activists were listed as terrorists in a fusion center database. The FBI might claim to be concerned for her first amendment rights, but are they really?

Malo periculosam libertatem quam quietam servitutem. ("I prefer the tumult of liberty to the quiet of servitude"). Thomas Jefferson to James Madison, 30 January 1787.