BESS's Secret LOOPHOLE (censorware vs. privacy & anonymity)

[Tim May]

On Thursday, August 16, 2001, at 04:13 PM, mmotyka at lsil.com wrote:
> I guess that I wonder why there was anything more to say than :
>
> "I only know what I've read on the net and cannot testify to its
> accuracy or completeness and any conclusions I've drawn from this
> reading would be my opinion not facts."
>
> with some "I don't recall" s thrown in where appropriate.
>

Gary Condit was not required to talk to either the police or the FBI, 
absent a subpoena to testify before a grand jury or in an actual trial. 
And even then he may have certain Fifth Amendment protections (less in 
front of a grand jury, apparently).

I cite Condit becuase it reminds us that "talking to the police" is not 
required. Not only are there issues of self-incrimination, but also 
issues of "takings" (compelling an expert to talk without some 
agreed-upon contract and rate is of course compelling him to donate his 
time; and we are all experts, of course).

There is no obligation to give interviews with cops or investigators, 
either before or after an arrest. Absent the appropriate subpoenas and 
court-ordered testimony, modulo the Fifth Amendment.

There's a strange bit of fluff floating around on the t.v. talk shows, 
based on my recent viewings, along the lines of "Once you've been read 
your rights, you don't have to talk to the police." Does this mean that 
one is required to talk to the police, to give potentially incriminating 
statements, to donate one's time, _before_ one's Miranda rights have 
been read? Nope, not so. One may remain silent long before an arrest and 
formal Mirandizing. While telling a cop to "Fuck off" may not be the 
most tactful thing to say, and may even violate some laws about obscene 
speech to public officials, saying "I have nothing to say" or "No 
comment" is not prosecutable...unless the speech has been compelled 
(grand jury, petit jury/trial) and the necessary general or use 
immunities granted.

Choate was under no obligation to pontificate to cops about whether 
someone like me plans to do something. He chose to cooperate with the 
Feds and speculated freely on what he thought I would do.

He's a rodent.

--Tim May