The Non-Crime Of "Lying To The FBI"

Authored by Ilana Mercer via The Mises Institute,

In a fit of pique in 2016, then-President Barack Obama expelled Russian diplomats from the United States. K. T. McFarland, Michael Flynn's deputy in the Trump transition team, worried that Obama's expulsion of the diplomats was aimed at "boxing Trump in diplomatically," making it impossible for the president to "improve relations with Russia," a promise he ran on. (For her perspicacity, McFarland has since been forced to lawyer-up in fear for her freedom.)

To defuse President Obama's spiteful maneuver, Flynn spoke to Ambassador Kislyak, the upshot of which was that Russia "retaliated" by inviting US diplomats and their families to the Kremlin for a New Year's bash.

Was a crime committed by Flynn in this exchange and subsequent meeting? Not according to the FBI. Laying the cornerstone for the president-elect's promised foreign policy - diplomacy with Russia - is not illegal.

Perversely, however, lying to the US Federal Government’s version of the KGB (the FBI) - which apparently does its own share of lying - is illegal.

An easy way for the government to create criminality where there is none is to make it a crime to lie to its agents, in this case the FBI, which is Deep State Central. The object of creating bogus categories of crime, naturally, is to leverage power over adversaries; to scare them.

Likewise was Martha Stewart imprisoned — not for the offense of insider trading, but for lying to her inquisitors. During interrogation, the poor woman had been so intimidated, so scared of conviction— wouldn't you? — that she fibbed. The lead federal prosecutor in her case was the now-notorious James B. Comey. (See "Convicted For Fearing Conviction")

This kind of entrapment — the criminalization of the act of lying to the government, in Flynn's case about a non-crime — is facilitated under the unconstitutional Section 1001 of Title 18, in the United States Code.

It makes it an offense to make "a materially false" statement to a federal official — even when one is not under oath.

It's perfectly fine, however, for said official to bait and bully a private citizen into fibbing. By such tactics, The State has created a category of crime from which a select few are exempt.

Is this equality under the law or inequality under the law?

Section 1001 neatly accommodates a plethora of due-process violations.

Yet another tool in the Deep State toolbox is to lean on family members in order to extract a confession. To get Flynn senior to confess, U.S. Special Counsel Robert Mueller is purported to have threatened Mike Flynn junior with a legal kneecapping.

Ultimately, The State has overwhelming power when compared to the limited resources and power of an accused. The power differential between The State and an accused means he or she, as the compromised party, will cop a plea.

The Flynn guilty plea bargain, if you will, is nothing more than a negotiated deal which subverts the very goal of justice: the search for truth.

In the process of hammering out an agreement that pacified a bloodthirsty prosecutor, Flynn's punishment for doing nothing wrong has been reduced.  President Trump's former national security adviser will still have to sell his home to defray the costs of a federal onslaught.



IH8OBAMA rejected Tue, 12/12/2017 - 19:14 Permalink

Yes, it is a crime to lie to the FBI, the police, the sherriff or any law enforcement agent.'s perfectly legal for them to lie to you!  Amazing, huh?So, the answer is to do what Hillary did.  Just say I don't remember or, even better, just refuse to talk to them.  Those are the only options available to the public. 

In reply to by rejected

ACP IH8OBAMA Tue, 12/12/2017 - 20:03 Permalink

I'll say it again... "I don't answer questions," is the only response you give to any fed, ever.Any other response, like "I don't recall"......WILL be used against you. They will go through some convoluted, made-up evidence to show a jury that "you did recall". That's exactly what they did to Flynn.

In reply to by IH8OBAMA

Blankone ACP Tue, 12/12/2017 - 20:44 Permalink

People miss that point. You can even tell the truth, but the feds simply state that they believe in their professional opinions that you are lying. Now they have you over a barrel, you have to prove to their satisfaction you did not lie or be prosecuted at great expense to you, and possibly convicted and jailed (the jury believes the FBI typically). Once they get you over the barrel it never stops, maybe even pressure to lie under oath against their real target.

In reply to by ACP

BobEore ACP Tue, 12/12/2017 - 22:03 Permalink

I'll say it again...

any and all pathetic attempts to cover up St. Mikes' serially reckless disregard for legalities ... in his pursuit of the porkbarrelin pleasures which porkers like he feel are 'owed' them due to the time they spent fillin out suits with a surfeit of brass on them...

are doomed to the same kind of failure which equally pathetic efforts to pose St Drumpf as the cleaner o the Dirty POTUS Shirts in the closet o lies,

are. Now... let's change the channel back to...........


In reply to by ACP

NoDebt rejected Tue, 12/12/2017 - 19:23 Permalink

The only talking you should say to an FBI agent is to ask to see their identification and to tell them you wish to have a lawyer present if they intend to detain and/or question you.  THAT'S IT.  Whether they Mirandize you or not.  Whether they put you under oath or not.  Technically, if you lie to them about what you had for breakfast that morning in a caual conversation, you are guilty.What if you didn't recall facts in question correctly because they happened days, weeks, months or years prior?  There is no such excuse as "I forgot" or "I made a mistake in my recollection."  Any of those will be indistinguishable from (and therefore treated as) lying.  With regular cops lying might tend to INDICATE guilt of another chargable crime, but only lying to federal agents is a crime in and of itself.  Too late, of course, for Flynn.  Maybe not too late for others if they can just keep their fucking yaps shut. 

In reply to by rejected

Buzz Fuzzel NoDebt Tue, 12/12/2017 - 19:37 Permalink

“There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.”Ayn Rand - "Atlas Shrugged" published 1957

In reply to by NoDebt

Chupacabra-322 Buzz Fuzzel Tue, 12/12/2017 - 19:57 Permalink

Dear President Trump & Mr, Sessions,

The agencies that are supposed to represent the people and enforce the law have morphed into political tools to be used Against The American People. How are you going to get an agency like the FBI to investigate the Clintons when they are in on the scam? 

A score of senior and rank and file agents should have gone to prison for burning all those women and children to death in Waco.  The Clinton Administration gave those agents a pass, and in the process the Clintons purchased the undying support of the agency.  When the very tool you would use to bring down a criminal enterprise has been coopted by that enterprise, you better tread softly.

I am beginning to understand that we are at a tipping point.  People are beginning to grasp the import of agency lies about the assassination of President Kennedy.  It is clear now that the lies were not told to protect the public. 

They were told so that the coconspirators could perfect their coup.  Once the coup was completed successive generations of politicians were given the message.  That message was simple.  We the shadow government can kill anybody we choose.  Look what we did to Kennedy.  You either toe the line or you will send in the cleaners.  Those that would not kao tau to shadow rulers got to meet their John Hinckley or died under suspicious circumstances in some West Texas ranch.

( Doesn’t matter the Criminal alphabet Agencies, the Pure Evil War Criminal Treasonous Seditious Psychopaths at the CIA have decades & Trillions invested over the decades planting “Agent Smiths” in all of them Pentagram MIC included.)

People are beginning to understand that they have been herded by acts of terrorism conducted by their own state.  The scenario of the lone shooter with spectacular marksmanship and fantastic kill rates has lost its credibility. Just another in a lone, long line of “book depository”False Flags.

Trump full well understands that he is in mortal combat with a sinister and entrenched oligarchy.  This is not their first rodeo and they are extremely dangerous.  He has to be sure of his footing before he takes his next step.  By the grace of God, he may just very well be able to pull back the curtain and expose these monsters.

If they manage to kill him, buckle up because any agency with federal in its title will have lost any claim to legitimacy.  The oligarchs tried to steal the election and that failed.  If they steal the election by killing the President, what follows next is a turkey shoot.

Tyrannical Lawlessness.


The American People.

Don’t talk to Police.

Regent University School of Law.


In reply to by Buzz Fuzzel

Chupacabra-322 chunga Tue, 12/12/2017 - 20:09 Permalink

@ Chunga,

It’s the mechanism of how Crime Syndicate’s function specifically the Criminal Globalist Administions that have been able to Tyrannically Govern with Impunity decade after decade.

Present Administration’s never Investigate previous ones out of fear that future Administrations may investigate the current one.

Thus, making them Criminal Accessories to previous Administrations War Crimes, Crimes Against Humanity & Crimes Against The American People.

War Criminal Obama’s “moving forward” on War Criminal Bush Administration Torture, Lying The American People into War, the begining of mass Surveillance of The American room 641A at Criminal AT&T are but just some examples of the Tyrannical Lawlessness we see before us.

There are absolutely No stature of limitations on War Crimes.

Pure Evil War Criminal Treasonous Psychopath at Large George Bush Jr. instituted the Criminal Surveillance infrastructure.

Pure Evil War Criminal Treasonous Seditious Psychopath at Large Barack Obama expanded it exponentially.

However, Pure Evil War Criminal Treasonous Seditious Psychopath Obama and his minions used the intelligence apparatus to go after his political enemies and the enemies of those allied with him.

Hence, we’re

Tyrannically Lawless.

In reply to by chunga

Buckaroo Banzai Tue, 12/12/2017 - 18:56 Permalink

Tattoo it on the back of your hand if you have to: NEVER talk to a representative of the Federal government without your lawyer present, and a couple of video recorders running. And remember: the FBI is allowed to lie to YOU any time, for any reason.

RussianSniper Tue, 12/12/2017 - 18:58 Permalink

This fbi goon squad had best learn how to behave as non partisan law enforcement and leave the political persecutions to the corporate fake news.

A great way to lose the respect of the entire nation is to behave as a tyrannical Asshole.

Just simple advice....

Chupacabra-322 RussianSniper Tue, 12/12/2017 - 20:02 Permalink

This really is lifting up the rug and seeing what is underneath it.
The fucking FBI was using government resources to help a fucking candidate get elected?  And how much longer before this all ties in with the IRS and going after different groups.

This banana republic is about finished. There is stink everywhere you turn.  
Edit: This is so big it is barely able to be described.  Watergate was easy to distill.  This is just mountains of shit. Like the trash heap in Idiocracy.


In reply to by RussianSniper

SgtShaftoe Chupacabra-322 Tue, 12/12/2017 - 21:26 Permalink

Pretty much. I'm out. Fuck this noise. I'm not putting up with a bunch of goons with expensive toys and no morality blowing up the place. We've crossed some invisible threshold that has suddenly caused some disturbances in the force. Anyone else notice it? We are now seriously considering leaving the country.

Edited to add: It's not a news headline or any event. It's a spidey sense.

In reply to by Chupacabra-322

nmewn serotonindumptruck Tue, 12/12/2017 - 19:13 Permalink

Well, thats why it was entrapment.The FBI didn't announce it was an investigation of HIM. They came in, said they had a few questions to ask (which they already had the answers to from the illegal wiretap gotten with "evidence" consisting of the peeing Russian prostitute "intel dossier" put together by the MI6 "spy" and paid for by the DNC/Hillary). Basically, a political opposition paper.As far as Flynn was concerned, he was a good guy (just following the orders of his CnC) and THEY (the FBI) were the good guys too just running down some info on what the Russian ambassador said to him.Little did he know they were un-American, partisan, progressive, enemies of the state bent on destroying the incoming Trump administration. 

In reply to by serotonindumptruck

nmewn SgtSchultz Tue, 12/12/2017 - 19:57 Permalink

I encourage everyone to know what their rights are, people have givin up their lives so you could have them and exercise one should be ignorant of them.Never SUBMIT to a "voluntary search" of your vehicle, make them get a warrant and don't fall for the probable cause line, they wouldn't be asking for your consent if they had probable cause. Never allow them into your house EVER, make them get a warrant. There is no compulsion that you have to speak to them but don't be an asshole about it, the object is for you to not to get thrown on the ground for being an asshole.Be respectful but firm. Its not against "the law" to say no and a simple "Show me what you think you have or leave me alone." response usually lets them know you know more than they thought you did.  I don't know how many times I've been asked to let them search my vehicle...I always say no...and they always say "I had to ask."And I always say...I know, this ain't Uzbekistan ;-)

In reply to by SgtSchultz

serotonindumptruck nmewn Tue, 12/12/2017 - 20:10 Permalink

You had better get that entire sequence of events on video, otherwise it will be your word against the lies of the arresting officers who will readily submit perjured testimony in an effort to protect the State (and their own jobs).Another common mistake that criminal defendants make is to believe that police officers NEVER lie on the witness stand.LEOs habitually lie and perjure themselves in order to justify their arrest and prosecution of the defendant.The Amerikan "Just Us" system has become perverted to the point where we all exist in a financial system of justice.If you can afford your own high-powered criminal defence attorney, then you might literally get away with murder.Just ask O.J. Simpson.

In reply to by nmewn

serotonindumptruck nmewn Tue, 12/12/2017 - 19:24 Permalink

Guilty until proven innocent has become the mantra and Modus Operandi of every prosecutor and District Attorney in the former United States.Until someone personally experiences a railroad job in the criminal "Just Us" system, then most people choose to believe that their Constitutional Rights will be respected and that they will receive a "fair and impartial" trial.Nothing could be further from the Truth.If it is true that the Deep State is at war with each other, and is divided along political lines, then the Amerikan Empire is truly experiencing its death throes.

In reply to by nmewn

serotonindumptruck nmewn Tue, 12/12/2017 - 19:42 Permalink

.gov really is spying on everyone without a warrant...are they? ;-)Absolutely. The error in judgement that many people make is to believe that the government has their back and will protect them from malicious prosecution should they find themselves as the defendant in any criminal proceeding.Having said that, if you can come up with at least $10,000 in cash to hire your own criminal defence attorney to defend you against a felony charge, then you'll probably walk away with a misdemeanor conviction.Relying upon the public defender to protect your Constitutional Rights is the quickest route to the State penitentiary.

In reply to by nmewn