This format (the FD-302) has been used by FBI Agents for
decades (since the Hoover era); and largely the rules have remained the same.
The FD-302 is little more than a blank sheet of paper. When Agents conduct interviews; and they
might conduct numerous interviews in a single day. They take notes. They do not normally tape record interviews. Why?
Because if you’ve ever done a recorded interview, you probably are
aware that they can become inordinately long, containing unimportant and
irrelevant information. Resultingly,
they are labor intensive to transcribe and to read.
Attorneys love to use recorded interviews, normally
considered to be ‘depositions.’ Such
interviews by attorneys might go on for days; and take days or weeks to obtain
the final transcriptions, which additionally require proof reading and
corrections. The FBI cannot justify such
inefficiencies. If you’ve ever worked
for the Bureau, you will know said organization deals ‘in paper.’ An investigative file might typically be
volumes. If all interviews were
recorded, you could increase the number of volumes by ten, maybe more; making
them impractical to read or comprehend.
One other thing you should know is that the Bureau always
have had a ‘Five Day Reporting Rule,’ which reportedly has been violated
in the Flynn case; but I do not know all the details on that. Said Rule requires the Agent to dictate for
transcription from his or her notes, the findings of a particular interview,
within ‘five business days.’ During my Bureau service, you could, probably would be, censured for not meeting the Five Day Rule.
In recent years, Agents are required to keep their ‘rough
notes’ for an indefinite period of time.
This was not true when I was an Agent.
Then, once the 302 was completed, signed (accuracy verified) by the interviewing Agent or
Agents (as well as received a Supervisor’s approval), the rough notes could
then be destroyed.
The FBI does, at times, record interviews. They should have recorded the Flynn
interview, but decided that such action would inordinately undermine the 'covert' nature of their inquiry.
They should have recorded the Hillary Clinton interview;
but, as we all know, that would have been politically indiscreet – dare we say
the ‘fix’ was in on that one.
Why was Flynn not given his Miranda Rights, as is often customary? Well, normally, Miranda is not required as
long as the ‘person of interest’ or suspect is, or believes he is, free to
go. In other words, Flynn’s was not a
custodial interview.
And then there is Judge Emmet Sullivan (Flynn's trial judge): Well, he really let his bias show (kind of
embarrassing) in suggesting that General Flynn might be the modern day equivalent
of Benedict Arnold.
But, isn’t it interesting that with all the news coverage
most folks do not know what alleged law was violated by General Flynn. Was it for lying to an FBI Agent? Was it failure to register as a ‘Foreign Agent’?
That said, other than Judge Sullivan, I don’t think anyone is seriously contemplating hanging the General for Treason.
That said, other than Judge Sullivan, I don’t think anyone is seriously contemplating hanging the General for Treason.
Incidentally, Benedict Arnold escaped to the UK; and lived
(sort of) happily ever after.
True Nelson
