LAWYER UP AND SHUT UP!

[Image of the U.S. Constitution from wikipedia]

Let's assume, hypothetically, that you have been approached by a federal agent who wants to interrogate you about alleged crimes.  Do you know which Amendments to the Constitution guarantee your rights to "lawyer up and shut up?"

The Fifth Amendment guarantees you the right not to say anything which would incriminate
you.

The Sixth Amendment has been interpreted by the courts to guarantee you the right to counsel.

These are the important Constitutional Amendments and rights which allow each of us to "lawyer up and shut up!"

REACTION TO THE FISA MEMO

[Photo from wikipedia]

Have you read the FISA memo, which reportedly exposes alarming bias and abuses of authority
by a few top leaders in both the FBI and DOJ? What is your reaction?

As reported, the memo reveals that former FBI Director James Comey and others in his agency
and top leaders at DOJ utilized and politicized our nation's spying tools to spy on an opposition political party and an incoming president in an election year.  How frightening that is!

As a former federal prosecutor, I reviewed countless search warrant and Title III applications. I would never have participated in deceptions as described in this memo. Also, I never saw any of the fine FBI agents I worked with pull a stunt like this! And I am shocked and appalled to learn that, in this case, a few misguided lawyers and agents, in an election year, would apply for a FISA warrant utilizing the dirty dossier, when they reportedly knew it was bogus, and also without disclosing to the FISA court that the dossier was actually opposition research bought and paid for by Clinton and the Democrat Party. If proven, this will go down as one of the biggest political scandals in American history.

Many questions still remain:

• Will a new special counsel be appointed to clean up this mess?
• Will there be other revelations of corruption by this small group?
• Will the FISA court take action against any culprits who allegedly abused the FISA process?
• Will the main stream media ever even acknowledge any of this corruption?  

Before closing, I want to emphasize that I proudly worked, side by side, with countless outstanding FBI special agents for over twenty years. They are not to blame. The reported corruption in this situation clearly exists only at headquarters and not in the field.

What is your opinion of this colossal mess?

Search Warrants v. Subpoenas: Practical Considerations on Which Method the Feds Will Use

[Photo from southeastsun.com]

According to various news reports, earlier today, state and federal law enforcement officials executed a search warrant at a social services (DFACS) office in Columbus, Georgia. According to the reports, the agents were looking for evidence pertaining to an investigation of DFACS employees for allegedly falsifying records to obtain federal funding. It struck me as a little bit odd that government agents were doing a raid on a government office.

But the facts of that investigation really are not the point I wanted to make here. Instead, I want to discuss in this post some of the practical reasons why the feds sometimes select search warrants, as opposed to utilizing grand jury subpoenas, or some other method, to obtain evidence of a crime.

As a former federal prosecutor for over 20 years, (currently, I am an Augusta, Georgia criminal defense lawyer), I often had to advise or plan with federal agents about which evidence-gathering method to use. A common reason to utilize a search warrant, (instead of a subpoena), is if you are afraid that the "bad guys," or targets of the investigation, will engage in a "shredding party," if you tip them off, or that you may give them time otherwise to remove or destroy incriminating records.

But, trust me, there are also some practical reasons NOT to use a search warrant! For instance, if you go in with a search warrant, you may be required to seize everything!  This can amount to millions of pages of documents that you are then going to have to inventory, store, and actually read! On the other hand, if you use a subpoena, you can make a rifle shot request for a relatively few, selected documents and avoid all the trouble and mess of a search warrant!

Another problem with utilizing a search warrant involves the serious disruption it causes to what may be otherwise be a legitimate office or business.

Every white collar crime investigation is different! And that is what made it exciting to be a federal prosecutor! These are just a few of the practical reasons why one evidence-gathering method may be chosen over another. What do you think?