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

Posted on 12/18/18 at 2:14 pm to
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 12/18/18 at 2:14 pm to
quote:

This is ridiculous


Agreed, the rights of Miranda attach in a custodial interrogation, it's completely obvious interrogating questions were asked to elicit an incriminating answer, what's murky though is that the setting as portrayed by both sides doesn't appear custodial even though the FBI's side of the story is irrelevant per applicable caselaw. Maybe I need to read up more on Flynn's side of how he felt, all accounts it appeared voluntary and all that on his part.
Posted by Havoc
Member since Nov 2015
30555 posts
Posted on 12/18/18 at 3:52 pm to
quote:

Maybe I need to read up more on Flynn's side of how he felt, all accounts it appeared voluntary and all that on his part.

Well there was the admission by McCabe that they essentially threatened Flynn over bringing in counsel, that it would be escalated up the DOJ chain. Operating under threat is less than voluntary.
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