October 2, 2018

IT SHOULD HAVE JUST BEEN DONE BEFORE THEY TESTIFIED:

The F.B.I. Can Do This (James Comey, Sept. 30, 2018, NY Times)

Although the process is deeply flawed, and apparently designed to thwart the fact-gathering process, the F.B.I. is up for this. It's not as hard as Republicans hope it will be.

F.B.I. agents are experts at interviewing people and quickly dispatching leads to their colleagues around the world to follow with additional interviews. Unless limited in some way by the Trump administration, they can speak to scores of people in a few days, if necessary.

They will confront people with testimony and other accounts, testing them and pushing them in a professional way. Agents have much better nonsense detectors than partisans, because they aren't starting with a conclusion.

Yes, the alleged incident occurred 36 years ago. But F.B.I. agents know time has very little to do with memory. They know every married person remembers the weather on their wedding day, no matter how long ago. Significance drives memory. They also know that little lies point to bigger lies. They know that obvious lies by the nominee about the meaning of words in a yearbook are a flashing signal to dig deeper.

Once they start interviewing, every witness knows the consequences. It is one thing to have your lawyer submit a statement on your behalf. It is a very different thing to sit across from two F.B.I. special agents and answer their relentless questions. Of course, the bureau won't have subpoena power, only the ability to knock on doors and ask questions. But most people will speak to them. Refusal to do so is its own kind of statement.



Posted by at October 2, 2018 4:10 AM

  

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