re: I've never taken a guilty plea from someone who isn't guilty...

Posted on 12/18/18 at 2:00 pm to NC_Tigah

Posted by boosiebadazz

Member since Feb 2008

80549 posts

Posted on 12/18/18 at 2:00 pm to NC_Tigah

quote:
it is the law my friend

Link? If you’re going to go to Miranda, make sure you look at whether it applies to voluntary interviews in the WH and if that constitutes custody.

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Posted by NC_Tigah

Carolinas

Member since Sep 2003

124712 posts

Posted on 12/18/18 at 2:12 pm to boosiebadazz

quote:
make sure you look at whether it applies to voluntary interviews in the WH and if that constitutes custody.

Voluntary seems to be a superfluous adjective in this context. What would constitute an involuntary interview . . . ah . . . that would be one in which Flynn was wiretapped, eh?

But I'd like to hear how the WH locale distinguishes a target's Constitutional rights. What tested case law do you have in mind?

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Posted by ThePTExperience1969

Baton Rouge, LA

Member since Apr 2016

13360 posts

Posted on 12/18/18 at 2:18 pm to boosiebadazz

quote:
Link? If you’re going to go to Miranda, make sure you look at whether it applies to voluntary interviews in the WH and if that constitutes custody.

quote:
boosiebadazz

In my opinion, you're more than likely correct on this, yes its completely obvious interrogating questions were asked with the whole meeting thing but whether its custodial per the crim pro caselaw, circumstances don't indicate that to me and Flynn's side of the setting and context of the interview's the only thing that matters.

FWIW: I don't think Flynn should've lied however I don't think it was material for false statements when they already had the substantive proof, yes I'm aware of the capacity standard but what did this lie have the capacity to do in light of all the circumstances? Not really much, life still goes on and the investigation still proceeds as planned. IDK maybe its the civil libertarian in me coming out.