Left-wing Florida attorney Sam Fields made the best argument against FBI Director James Comey’s memo, and he did it years ago.
The latest chapter targeting the besieged Trump White House is a Tuesday New York Times piece alleging that former FBI Director James Comey took notes of a meeting he’d had with President Donald Trump.
FBI agents and one would assume FBI Directors, are accustomed to scribbling notes down after a conversation, typing them up, and having these notes accepted as gospel. In 2009 Sam Fields wrote:
I suspect that if the average person thought about it, he would assume that when the FBI comes calling, like Joe Friday from DRAGNET, they “want the facts and nothing but the facts. Equally important they want an accurate record of that interview so they bring a court reporter or at the very least a tape recorder.
The average person would be wrong.
Agents bring a pencil and pad to take notes. They then prepare a summary of the interview called a “302 Report.
If you are called as a witness at trial, prior to testifying, you will be given a copy of “Your 302 to review. It is a record of what the FBI insists you said at your previous meeting.
If your interview lasted more than thirty seconds, it is guaranteed you will find numerous discrepancies. Some of them will be insignificant; some of them could be material.
Ask two people to listen to you in a discussion about a traffic accident and then write a summary. It is a guaranteed they will have differences with each other as well as with you, the witness.
You said, “I am reasonably sure that the traffic light was green.
One report takes out the equivocation and quotes you as saying: “The light was green.
Bingo! That’s perjury.
Fields’ assessment of the FBI’s use of 302s put it more directly, claiming that the form is likely to “screw the innocent and the unwary.”
According to the Times, the president suggested that the FBI might consider dropping any investigation it may have been conducting on former National Security Advisor Michael Flynn.
The Times reported that after their meeting, Comey prepared a memo of what had been said, presumably an FBI form FD-302, which is used by agents to report or summarize their interviews.
FBI guidelines prohibit recordings of interviews, and in the Trump-Comey instance, there were reportedly no others in the room to offer corroboration of what happened at the meeting. 302s have long been criticized as a form of institutionalized perjury.
To date, no one has seen the Comey memo, so we don’t know what the actual format is, but the concept is the same.
“I’m not saying that it is FBI policy to step over the line. But they have chalk on their shoes more often than you can imagine.” wrote Fields.
No one knows if Comey has some chalk on his shoes or not, but one person’s recollection of a conversation isn’t any more trustworthy than others, even if you work for the FBI, and you were talking to President Trump.
Read Sam Fields whole column here.
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