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D3M0_Anon2 @D3m0A
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(27) "But an agent writes down that Mr. McKinley said that his co-workers did bribe doctors. During the prep session with the government before his grand jury testimony, he tells the prosecutors that the co-workers never bribed anyone. "
(28) "They whip out the 302, showing him that, 2 years ago, he said that they did. Mr. McKinley is now under incredible pressure to testify consistently with what was written in the 302 by Agent Starley, even if it is not correct. "
(29) "If he gives testimony different from what’s written in the 302, then Mr. McKinley opens himself up to a felony charge either for lying during the grand jury testimony (perjury) or making a false statement to the agent during the original interview."
(30) "A witness who was not represented by counsel during the interview cannot effectively challenge the accuracy of the 302. It becomes a witness-said/agent-said situation. And who is the jury going to believe?"
(31) "Two clean-cut FBI agents who insist the 302 is an accurate summary of what the witness said, or the witness? In other words, a witness can be effectively coerced into testifying not to the truth of what happened but the “truth” as it was captured by the notes of an agent."
(32) "As explained above, the witness notes may not be accurate for all sorts of innocent reasons. It also may not be accurate because an FBI agent has a strong interest in finding evidence of a crime."
(33) "The only silver lining to this whole situation is that 302s that capture exculpatory statements about the defendant must be disclosed under Brady, and the government must disclose 302s for testifying witnesses under the Jencks Act."
(34) "302s are a very effective discovery tool when they are disclosed to the defense after indictment. After a long investigation, you can finally learn what the witnesses said (or what the FBI agents heard)."
(35) "This silver lining only benefits the defendant, not poor Mr. McKinley, who is still stuck between a rock & a hard place. Why Doesn’t the FBI Record Every Interview? You may be wondering why the FBI doesn’t simply record every interview, given all the issues I’ve described."
(36) "That would fix the problem, right? No one could dispute what was asked or what the witness answered. The reason is that the official DOJ policy is not to record witness interviews. "
(37) "A 2006 FBI memorandum explained that recording interviews would impede the FBI’s ability to successfully question witnesses. (Why this is absurd is a topic for another day.)"…
(38) In 2014, DOJ issued guidance creating a presumption” that the FBI would record interviews of people in federal custody."…
(39) "This is only a presumption and not a requirement. Plus, the policy doesn’t cover most witnesses in white-collar cases (like our beleaguered Mr. McKinley) who are not in custody when they are questioned."
(40) "The same 2014 guidance “encourage[d] agents and prosecutors to consider electronic recording in investigative or other circumstances when the presumption does not apply.”
(41) "To this day, I’ve never seen an agent record an interview so it’s safe to assume agents are not accepting the kind invitation to record the interviews. Why would they? The system works just fine....For the FBI."
(42) You can see from our experts run down on 302's that both the FBI and the DOJ have no problem with how they handle witnesses during the process of using an actual 302. General Flynn was and is to this day subject of a plot to entrap him in a process crime.
(43) I pray that tomorrow the whole world finds out this is the case and that on Monday his name is cleared because I would love to see him be the next (WH-COS) White house Chief of Staff. Wouldn't you?

End rant\
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