Sunday, April 7, 2013

Lessons from Jiang's case

Regardless if Jiang really did anything bad, the way he handled FBI's inquires may not be best. Here is some relevant tips to handle FBI questions. 

无论姜波是否违法,他处理FBI询问的方式基本是最糟糕的,基本犯了最糟糕的错误。看看网上建议的最佳应付询问的方式 http://ase.tufts.edu/icenter/documents/settlingACLUflyer.pdf

The FBI and other law enforcement agencies have been questioning people based in part on their ethnicity or religion. If the FBI or police contact you for questioning, you should be aware of your rights. You are not 
required to answer any questions without an attorney present and you should write down the name, agency and telephone number of the person who calls or visits you.

1. If an FBI agent or police officer asks to speak to you, tell him or her that you want to consult with an attorney first. If you want to talk to the FBI or police,your attorney can respond on your behalf to set up an 
interview.

2. ANY information you give to an officer without an attorney, even if it seems harmless, can be used against you or someone else. Lying to a federal officer is a crime. Remaining silent is NOT a crime.

3. You are NOT required to allow the officer into your home or office without a warrant. Ask to see the warrant. If the officer refuses to show you a warrant, do not stop him if he forces his way into your home or office. Tell the officer that he does not have your permission to enter.

4. If the officer says that he has a warrant for your arrest, you have a right to see the warrant. You must go with the officer, BUT YOU DO NOT HAVE TO ANSWER QUESTIONS UNTIL YOU CONSULT AN ATTORNEY.

5. If you are detained, you should ask for an attorney and remain silent. If you are detained in an immigration detention center, ask for contact information for immigration attorneys.


从新闻看,姜波违反了上面的第二条。 任何你说的东西都可能被官方拿来告你。一个简单的问题:你随身带了什么? 是个很tricky的问题。没人能够记得清楚自己的所有行李中有啥东西。稍微有错,就可以诬告你Lying to a federal officer. 但是保持沉默不是犯罪。

Based on news reports, Jiang 's English skills are not that great. A question like "what do you carry with you"
can be interpreted as "What do you carry with you in person" or "What do you carry in your luggage".
A foreigner can easily misunderstand the question and give authority the chance to prosecute.

李文和当年也终结他的教训:遇到FBI开口是他烦的最大错误。他以为他在合作,实际FBI在找他的漏洞来陷害他。

According to Wen-Ho Lee's case, Dr. Lee also regretted deeply about his openness to FBI. He thought he opened up to help the government and FBI. But he had no idea he was already a target for prosecution so anything he says would be used against him.

中国留学生很少有美国的法律意识。平时要加强这方面的意识。 

Naive foreign students in USA rarely have good legal preparations for handling inquires properly. They should be really careful about what they say when facing similar situations.

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