◆ SpookStack

“™nl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 X (1) During the course of an investigation, if the USA or an AUSA desires to interview a subject, or if a subject makes|al| | request to see and talk to the USA or his/her assistant, Agents should not participate in such interviews unless specifically requested to do so by the|AUSA|and with the authorization of|a supervisor or Chief | Division Counsel. | | (2) On occasion, Agents will also be requested|to | refrain from recording|the substance of that interview on an FD-302. | If|an|AUSA or a Department of Justice attorney should make that 1. request, the Agent should decline to participate in the interview and should not be present when it takes place, in order to avoid being disadvantaged should the Agent be later called to testify regarding the interview. (See MAOP, Part 2, 10-13.3.) **EffDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 7-5.1 | Deleted| | | **E£fDte: 10/09/2001 MCRT#: 1159 Div: D9 Cav: SecCls: c™-6 INTERVIEW UNDER OATH (See 7-12.15 and MIOG, Part I, 46-1.9 (6).) Agents are authorized to administer oaths only in cases involving misconduct of Government employees and fraud or attempted fraud against the U.S. Government. Under no circumstances should a Bible be used in administering oaths or in conducting any interviews with a witness, suspect, or subject. When more than one Agent is present during an interview under oath and a sworn, signed statement is not taken, the name of the Agent administering the oath must be set out in the document reporting the results of the interview. **EffDte: 03/16/1987 MCRT#: O Div: D9 Cav: SecCls: 7-7 | DELETED] | **EffDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 7-8 RECORDING OF INTERVIEWS (Formerly 7-14) (See 7-9.3.) (1) Use of electronic recording devices to record the confessions or interviews of witnesses is permissible when authorized by the SAC, or his or her designee. (See MIOG, Part 2, Section 10-10.10.) Printed: 05/05/2004 13:08:54 ; ‘Page 9