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Video: What One Woman Did When FBI Knocked On Her Door And Grilled Her About Her Protest Activities (Video And Picture)
Sunday, December 21, 2014 14:19
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home or office. We are here most concerned with this aspect of intelligence gathering.Agents may be sent to interview people after FBI officials decide there is a “reasonable indication” that an organization orperson meets the guidelines for a “domestic security” investigation. Such interviews are a primary source of information, formost people are not aware of their right
not
to talk to federal agents.Most people are also unaware of the limits to the power of FBI and other investigative agents. Many people visited byagents are also afraid of being rude or uncooperative. Agents may be friendly and courteous, as if they are attempting toprotect you or your organization, or express admiration for your organization and its goals. Occasionally, the FBI maypersuade a disaffected member of an organization to give them information about other members, including their personal
lives, character and vulnerabilities.
A major job of FBI agents is to convince people to give up their rights to silence and privacy. For example, after a Quakerpacifist spoke in Anchorage, Alaska, at a memorial Service for El Salvador’s Archbishop Romero, FBI agents visited a localpriest and interrogated him about the speaker. The agents asked about the speaker’s organizational affiliations andexpressed fears about “terrorist connections.” The agents informed the priest that they would do a “computer check” on thespeaker and his wife, and asked the priest if the two might do violence to the U.S. President, scheduled to visit the area.These interrogations were repeated in the community by agents who later admitted there was no basis for their questionsabout “terrorist connections” and the danger to the President.
What if I suspect surveillance?
Prudence is the best course, no matter who you suspect, or what the basis of your suspicion. When possible, confront thesuspected person in public, with at least one other person present. If the suspect declines to answer, he or she at least nowknows that you are aware of the surveillance. Recently, religious supporters of a nation-wide call to resist possible U.S.intervention in Central America noticed unfamiliar people lurking around their offices at 6 a.m., but failed to ask what theywanted and who they were. If you suspect surveillance, you should not hesitate to ask the suspected agents names andinquire about their business.The events giving rise to suspicions of surveillance vary widely, but a general principle remains constant: confront thesuspected agents politely and in public (never alone) and inquire of their business. If the answer does not dispel yoursuspicion, share it with others who may be affected and discuss a collective response. Do not let fears generated by“conspicuous” surveillance create unspoken tensions that undermine your work and organization. Creating fear is often thepurpose of obvious surveillance. When in doubt, call a trusted lawyer familiar with political surveillance.
Please do not callthe number that was printed here as the Movement Support Network Hotline, because it is no longer active, andis now the private residence of an unrelated person.
How should I respond to threatening letters or calls?
If your home or office is broken into, or threats have been made against you, your organization, or someone you work with,share this information with everyone affected. Take immediate steps to increase personal and office security. You shoulddiscuss with your organization’s officials and with a lawyer whether and how to report such incidents to the police. If youdecide to make a report, do not do so without the presence of counsel.
What rights do I have?
1.
The Right to Work for Change. The First Amendment to the U.S. Constitution protects the rights of groups and
individuals who advocate, petition, and assemble to accomplish changes in laws, government practices, and even the
form of government Political intelligence gathering is not supposed to interfere with these rights.
2.
The Right to Remain Silent. The Fifth Amendment of the Constitution provides that every person has the right toremain silent in the face of questions (other than name and address) posed by any police officer or government
agent.
Since 1970, however, federal prosecutors may request judges to order a subpoenaed witness to testify, after a grantof immunity, at a grand jury hearing or at a criminal trial. This grant of immunity means that your FifthAmendment right to refuse to testify is taken away. What is given to you is only the promise not to use yourtestimony against you in a subsequent criminal prosecution. But you can still be charged with a crime. Failure totestify after a grant of immunity is discussed on page 12 below.
3.
The Right to be Free from “Unreasonable Searches and Seizures.” Without a warrant, no government agent isallowed to search your home or office (or any other place that is yours and private) You may refuse to let FBI
agents come into your house or into your workplace. unless they have a search warrant. Politeness aside, the wisestpolicy is never to let agents inside. They are trained investigators and will make it difficult for you to refuse to talk.Once inside your home or office, just by looking around, they can easily gather information about your lifestyle,organization, and reading habits.
The right to be free from “unreasonable searches and seizures” is based on the Fourth Amendment lo theConstitution. This Amendment is supposed to protect against government access lo your mail and other writtencommunications, telephone and other conversations. Unfortunately, it is difficult to detect government interferencewith writings and conversations. Modern technology makes it difficult to detect electronic surveillance on atelephone line, other listening devices, or cameras that record whatever occurs in a room. Also common are physicalsurveillance (such as agents following in car or on foot), mail covers, and informers carrying tape recorders.
What should I do if police, FBI, or other agents appear with an arrest or search warrant?
Agents who have an arrest or search warrant are the only ones you are legally required to let into your home or office. Youshould ask to see the warrant before permitting access. And you should immediately ask to call a lawyer. For your ownphysical safety you should not resist, even if they do not show you the warrant, or if they refuse to let you call your lawyer.To the extent permitted by the agents conducting a search, you should observe the search carefully, following them andmaking mental or written notes of what the agents are doing. As soon as possible, write down what happened and discuss itwith your lawyer.
What should I do if agents come to question me?
Even when agents come with a warrant, you are under no legal obligation to tell them anything other than your name andaddress. It is important, if agents try to question you, not to answer or make any statements, at least not until after you haveconsulted a lawyer.Announce your desire to consult a lawyer, and make every reasonable effort to contact one as quickly as possible. Yourstatement that you wish to speak to the FBI only in the presence of a lawyer, even if it accomplishes nothing else, should putan end to the agents’ questions. Department of Justice policy requires agents to cease questioning, or refrain fromquestioning, anyone who informs them that he or she is represented by a lawyer. To reiterate: upon first being contacted byany government investigator the safest thing to say is, “Excuse me, but I’d like to talk to my lawyer before I say anything toyou.” Or, “I have nothing to say to you. I will talk to my lawyer and have her [or him] contact you.” If agents ask for yourlawyer’s name, ask for their business card, and say you will have your lawyer contact them. Remember to get the name,agency, and telephone number of any investigator who visits you. If you do not have a lawyer, call Movement SupportNetwork Hotline (212) 477-5652, or call the local office of the National Lawyers Guild.As soon as possible after your first contact with an investigator, write a short memo about the visit, including the date, time,location, people present, any names mentioned by the investigators, and the reason they gave for their investigation. Alsoinclude descriptions of the agents and their car, if any. This may be useful to your lawyer and to others who may becontacted by the same agents.After discussing the situation with your lawyer, you may want to alert your co-workers, friends, neighbors, or politicalassociates about the visit. The purpose is not to alarm them, but to insure that they understand their rights. It might be agood idea to do this at a meeting at which the history of investigative abuse is presented.
If I don’t cooperate, doesn’t it look like I have something to hide?
This is one of the most frequently asked questions. The answer involves the nature of political “intelligence” investigationsand the job of the FBI. Agents will try to make you feel that it will “look bad” if you don’t cooperate with them. Manypeople not familiar with how the FBI operates worry about being uncooperative. Though agents may say they are onlyinterested in “terrorists” or protecting the President, they are intent on learning about the habits, opinions, and affiliations of people not suspected of wrongdoing. Such investigations, and the kind of controls they make possible, are completelyincompatible with political freedom, and with the political and legal system envisaged by the Constitution.While honesty may be the best policy in dealing with other people, FBI agents and other investigators are employed toferret out information you would not freely share with strangers. Trying to answer agents’ questions, or trying to “educatethem” about your cause, can be very dangerous — as dangerous as trying to outsmart them, or trying to find out their realpurpose. By talking to federal investigators you may, unwittingly, lay the basis for your own prosecution — for giving falseor inconsistent information to the FBI.
It is a federal crime to make a false statement to an FBI agent or other federal
investigator.
A violation could even be charged on the basis of two inconsistent statements spoken out of fear or
forgetfulness.
Are there any circumstances under which it is advisable to cooperate with an FBI investigation?
Never without a lawyer. There are situations, however, in which an investigation appears to be legitimate, narrowly focused,
and not designed to gather political intelligence. Such an investigation might occur if you have been the victim of a crime, orare a witness to civil rights violations being prosecuted by the federal government. Under those circumstances, you shouldwork closely with a lawyer to see that your rights are protected while you provide only necessary information relevant to aspecific incident. Lawyers may be able to avoid a witness’ appearance before a grand jury, or control the circumstances of the appearance so that no one’s rights are jeopardized.
How can grand juries make people go to jail?
After being granted immunity and ordered to testify by a judge, grand jury witnesses who persist in refusing to testify canbe held in “civil contempt.” Such contempt is not a crime, but it results in the witness being jailed for up to 18 months, orthe duration of the grand jury, whichever is less. The purpose of the incarceration is to coerce the recalcitrant witness totestify. In most political cases, testifying before a grand jury means giving up basic political principles, and so the intendedcoercion has no effect — witnesses continue to refuse to testify.Witnesses who, upon the request of a grand jury, refuse to provide “physical exemplars” (samples of handwriting, hair,appearance in a lineup, or documents) may also be jailed for civil contempt, without having been granted immunity.The charge of “criminal contempt” is also available to the government as a weapon against uncooperative grand jurywitnesses. For “criminal contempt” there is no maximum penalty — the sentence depends entirely on what the judge thinksis appropriate. Charges of criminal contempt are still rare. They have been used, however, against Puerto Rican
independentistas,
especially those who have already served periods of incarceration for civil contempt.
Is there any way to prevent grand jury witnesses from going to jail?
There is no sure-fire way to keep a grand jury witness from going to jail. Combined legal and community support oftenmake a difference, however, in whether a witness goes to jail and, if so, for how long. Early awareness of people’s rights torefuse to talk to the FBI may, in fact, prevent you from receiving a grand jury subpoena. If the FBI is only interested ingetting information from you, but not in jailing you, you may not receive a grand jury subpoena.
What can lawyers do?
A lawyer can help to ensure that government investigators only do what they are authorized to do. An attorney can see to itthat you do not give up any of your rights. If you are subpoenaed to a grand jury your lawyer can challenge the subpoena in
court, help to raise the political issues that underlie the investigation, and negotiate for time. Your lawyer can also explain to
you the grand jury’s procedures and the legal consequences or your acts, so that you can rationally decide on your
response.
ERRATA
A law enforcement official can only obtain your name and address if he or she has a reasonable suspicion to believe thatyou have committed or are about to commit a crime [
note #2
]. Thus, if an FBI agent knocks at your door you do not have toidentify yourself to him; you can simply say ”I don’t want to talk to you,” or “You’ll have to speak to my lawyer,” and thenclose the door. An FBI agent, unlike a local police officer, does not have jurisdiction to investigate violations of state statute.First Edition published March 1985.
Published by
Center for Constitutional Rights
853 Broadway, 14th FloorNY, NY 10003(212) 674-3303
The Center for Constitutional Rights (CCR) is a non-profit legal and educational corporation dedicated to advancing andprotecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights.Contributions to the CCR are tax-deductible.Additional copies or this publication can be ordered from the Center for Constitutional Rights at the address above. Yourcomments about this publication will be appreciated and will be useful in preparing future editions.This pamphlet was prepared by The Movement Support Network with the help of Linda Backiel, Joan Gibbs, Jonathan NedKatz, Margaret L. Ratner, Audrey Seniors, and Dorothy M. Zellner.
Photographs: Maddy Miller
Notes:
1.1 See
Final Report of the Senate Select Committee to Study Governmental Operations,
94th Congress, 2dSession, Report No. 94-7552.2 See
e.g. United States v. Hensley,
83 L. Ed. 2d 604 (1985);
Kolander v. Lawson,
461 U.S. 352 (1983);
Brownv. Texas,
443 U.S. 47 (1979).
People shouldn’t fear their government. Government should fear its people.
As long as we fear alphabet agencies, they have power over us. Once we take back our rightful position as the TRUE master of government, liberty will once again be known on this soil. Until then, we are an occupied people by those who purport to keep us “safe”.