The media is asking the wrong question about the Michael Flynn case.
They are asking whether Flynn lied or the FBI acted improperly, as if the answers to those two questions are mutually exclusive.
Defenders of the tactics used by special counsel argue that his potential witnesses are generally guilty of some crime, such as lying to FBI agents, and that may well be true.
Is it the proper role of law enforcement to conduct criminal morality tests to determine whether citizens will tell the truth or lie when given the opportunity to do either by FBI agents? Is it proper to target individuals for such tests for the purpose of pressuring them into becoming witnesses against the real target?
So back to the question of whether citizens who care about civil liberties should favor the tactics used by the FBI against Flynn.
There may be extraordinary situations, such as prevention of mass casualty terrorism, that justifies the use of highly questionable tactics but, absent such extraordinary circumstances, FBI agents and prosecutors should not deliberately provide citizens the opportunity to commit federal crimes in order to turn them into government witnesses.
The FBI should not discourage the suspect from having his lawyer present during the questioning, if a false answer will subject him to criminal liability.
https://thehill.com/opinion/judiciary/421634-alan-dershowitz-did-michael-flynn-lie-or-did-the-fbi-act-improperly
They are asking whether Flynn lied or the FBI acted improperly, as if the answers to those two questions are mutually exclusive.
Defenders of the tactics used by special counsel argue that his potential witnesses are generally guilty of some crime, such as lying to FBI agents, and that may well be true.
Is it the proper role of law enforcement to conduct criminal morality tests to determine whether citizens will tell the truth or lie when given the opportunity to do either by FBI agents? Is it proper to target individuals for such tests for the purpose of pressuring them into becoming witnesses against the real target?
So back to the question of whether citizens who care about civil liberties should favor the tactics used by the FBI against Flynn.
There may be extraordinary situations, such as prevention of mass casualty terrorism, that justifies the use of highly questionable tactics but, absent such extraordinary circumstances, FBI agents and prosecutors should not deliberately provide citizens the opportunity to commit federal crimes in order to turn them into government witnesses.
The FBI should not discourage the suspect from having his lawyer present during the questioning, if a false answer will subject him to criminal liability.
https://thehill.com/opinion/judiciary/421634-alan-dershowitz-did-michael-flynn-lie-or-did-the-fbi-act-improperly
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