The FBI just visited me for publishing the Elias Rodriguez manifesto.
https://xcancel.com/kenklippenstein/status/1926018657324273734#m
https://www.kenklippenstein.com/p/fbi-visits-me-over-manifesto
The article says that the FBI came to house. They asked him questions. He said he wouldn’t answer questions without his lawyer. The FBI sent his lawyer a voicemail and an email with 11 questions they want him to answer.
Nope. This is bad advice. Those are the sorts of answers you give in a deposition or on the stand, after going over the case with your lawyer. However, if you say those things to the police, then it can and will be used against you in a trial. Have a totally legitimate alibi? Well, if you told the police that you “don’t recall,” then they’re going to use that as evidence against you in the trial.
@Zuzak@hexbear.net has the magic words you are supposed to use. If you don’t “invoke” your fifth amendment right or ask for a lawyer, then the police can continue questioning you for as long as you keep giving nonanswers, or as long as you stay silent. You need to say the magic words for them to actually stop questioning you.
Yes, this system is fucking insane. Staying silent is different from invoking your fifth amendment right to silence.
Also, the magic words are important because once you answer you can be forced to answer follow up questions to clarify any answer you provide, and what counts as a follow up question is subject to interpretation.
“How did you receive the manifesto?”
“I don’t recall.”
“When you say you don’t recall, does that mean it’s possible you received it via email?”
“I don’t recall.”
“So you’re saying that to the best of your knowledge, it’s possible that there’s a record in your inbox. Judge, can you make him turn over his email account?”
Bit of a stretch and IANAL but there’s a reason when you see someone stonewalling they’ll say the same line even to simple questions like, “What’s your name?”
I guess all of that is moot if they ship him off to El Salvador or award him with the CIA Award for Excellence in Journalism, but those are the rules they’re supposed to play by.