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wrightd
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quote:
Originally posted by John Steed:
quote:
... to seize copies of the same documents after being told at the house door that he is a legally protected whistleblower who gave them to Congress, is an outrageous disregard of the law,” ... “Knowingly bypassing the lawyer of a represented client is serious misconduct.”...
Any penalty for this? Or are some in the FBI "above the law"?

yes they are absolutely above the law, their job is to exercise the law anyway they see fit to anyone whom they choose. and i've said it before whisleblowers always lose.



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Posts: 9226 | Location: Nowhere the constitution is not honored | Registered: February 01, 2008Reply With QuoteReport This Post
Dallas239
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quote:
Originally posted by DMF:
quote:
Originally posted by olfuzzy:
“After the raid, and having received my name and phone number from Mr. Cain as his lawyer, an FBI agent actually called my client directly to discuss his seized electronics,” Socarras told TheDCNF. “Knowingly bypassing the lawyer of a represented client is serious misconduct.”
Not necessarily true. If the client is not in custody 5th amendment right to counsel doesn't prevent LE from talking to the suspect (since it was a phone call it's hard to claim it's a custodial situation), and 6th amendment right to counsel hasn't "attached" if the "criminal proceedings" (most often by indictment) against the client haven't begun. So it's very likely there was nothing improper in the agents calling the guy to chat.

My guess is there is a lot more to this story than just what the suspect and his client say happened.


Interesting that they somehow got a search warrant then. Regardless, they know he's represented.



"I've spoken of the shining city all my political life, but I don't know if I ever quite communicated what I saw when I said it. But in my mind it was a tall proud city built on rocks stronger than oceans, wind-swept, God-blessed, and teeming with people of all kinds living in harmony and peace, a city with free ports that hummed with commerce and creativity, and if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here." -- Ronald Reagan, Farewell Address, Jan. 11, 1989

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DMF
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quote:
Originally posted by Dallas239:
quote:
Originally posted by DMF:
quote:
Originally posted by olfuzzy:
“After the raid, and having received my name and phone number from Mr. Cain as his lawyer, an FBI agent actually called my client directly to discuss his seized electronics,” Socarras told TheDCNF. “Knowingly bypassing the lawyer of a represented client is serious misconduct.”
Not necessarily true. If the client is not in custody 5th amendment right to counsel doesn't prevent LE from talking to the suspect (since it was a phone call it's hard to claim it's a custodial situation), and 6th amendment right to counsel hasn't "attached" if the "criminal proceedings" (most often by indictment) against the client haven't begun. So it's very likely there was nothing improper in the agents calling the guy to chat.

My guess is there is a lot more to this story than just what the suspect and his client say happened.


Interesting that they somehow got a search warrant then.
I'm not sure what you find interesting about it, as search warrants are issued prior to the beginning of "criminal proceedings," in many cases ( probably most, but I don't have good stats on that).
quote:
Regardless, they know he's represented.
Which means nothing. If it's non-custodial, and "criminal proceedings" have not begun, then law enforcement officers are not required to communicate through counsel.


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"He was never hindered by any dogma, except the Constitution." - Ty Ross speaking of his grandfather General Barry Goldwater

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sdy
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Nate Cain tweeted:

Friends, I have just been contacted by Fox News and informed that due to HW Bush’s funeral, many segments including mine have been cancelled for tonight. I will update you when I know more.
 
Posts: 19759 | Registered: July 21, 2002Reply With QuoteReport This Post
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