Step Into the FBI’s Time Machine – Why They Still Use 1920s Interview Tactics
Know Your Law Enforcement is an important series, for you never know when you will be selected to be prosecuted for a crime and you might just as well learn how the system works. Our series features lovely AI generated images to help illustrate the benign and informative concepts presented here. Any resemblance to people living or dead in prison or in law enforcement is purely coincidental.
I forgot what he said. Do you remember. It was something about the something.
No it was just plain something.
I forgot what he said. Do you remember? Why didn’t we record it?
Know Your Law Enforcement Agency
An FD-302 is a form used by FBI agents to summarize interviews conducted during investigations. Instead of recording these interviews, FBI agents take notes and later type a report using the FD-302 form.
A Matter of Control
FD-302 forms are not verbatim transcripts. Historically, the FBI has preferred not to use audio or video recordings of interviews, but instead to use the agent’s notes and memories to create the FD-302.
Local police departments and other law enforcement agencies utilize audio or video recordings of interviews to ensure accuracy and minimize disputes regarding what was said.
Writing with a goose quill pen stimulates the creative fiction writer in us all.
The only official record of FBI interviews is what an FBI agent documents on the FD-302 form. Recording these interviews would provide an exact account of the interaction, eliminating any potential for bias in the agent’s interpretation.
On an FD 302, an agent may omit unhelpful information provided during an interview, which could create advantages for the defendant under Brady v. Maryland, requiring the prosecution to disclose exculpatory evidence to the defense.
A 302 can exclude inconvenient details. It’s up the agent to decide what to put in.
A sample of an FBI 302 form
FBI 302 form
Without recordings, the Bureau controls how the interview is presented in court.
FBI 302 is written by the agent without the benefit of a stenographer or a recording device.
Recordings can capture what a suspect or witness says, as well as how the agent behaves during the interview. However, recording interviews means the agent loses the ability to control the narrative.
FBI Special Agent Elliot McGinnis (not a real photo) had to choose between truth telling and a conviction. He knew precisely what to do. (artist conception by MMG)
FBI agents are legally permitted to lie to individuals during an interview. In contrast, if a person lies to an FBI agent, they can be charged with a felony under 18 U.S. Code § 1001, which carries a penalty of up to five years in prison.
If there is any dispute about what you said, the FBI will refer to the only official interview document, the FD 302.
Legacy of J. Edgar Hoover
Edgar Hoover, the first director of the FBI, refused to allow recording devices during interviews, even though such technology was available at the time. He preferred not to have the truth “set in stone,” seeking room to manipulate narratives as needed.
Tape recording devices have been around longer than the FBI.
Tape recording devices have been available since before the turn of the century.
It would not be difficult for an FBI agent to carry a tape recording device.
Smart phones have recording capabilities
An FBI agent might even be able to use his smart phone. The FBI is currently investigating reports that phones have recording capabilities.
The Quaint Methods of Bygone Times
By relying on written summaries instead, Hoover ensured the FBI could shape narratives without the risk of being contradicted by an actual recording.
While other law enforcement agencies have embraced modern practices by recording interviews, the FBI still relies on outdated 302 forms. This reliance creates a system where the agent’s written account dictates what happened, leaving little room for transparency.
As a journalist who conducts interviews, I was struck by how much I missed when relying solely on notes. Listening to the recordings revealed additional insights, and I often found that I learned even more during a second listen.
Writing out interviews rather than recording them is a comfotable technique under the gaslit lights at FBI headquarters
Writing interviews rather than recording is a comfortable technique under the gaslit FBI headquarters.
In court, juries and judges often place more trust in law enforcement than in defendants. Without recordings of interviews, the FBI’s account of events, as documented in a 302 report, is more likely to be accepted at face value. Recording interviews would provide an unchangeable record of what was said and how it was said.
Hey can you hurry up and finish your 302. I want to know what the target said.
Hey, can you hurry up and finish your 302? I’m dying to know what you will have the target say.
A Laughable Relic in the Digital Age
Every 12-year-old with a TikTok account can record crystal-clear audio, but the FBI? They’re out here documenting “memories” like it’s 1923.
Boy that new agent, he sure can write.
A Sample Conversation
A conversation between two agents as they prepare to write a 302 of an interview of a target they already decided is going to prison. The only issue is what crime they choose. But their immediate issue is recalling what the target said since they did not record the interview.
Special Agent #1: What did he say it was called?
Special Agent #2: Something of the something.
Special Agent #1: No, that’s the other 302.
Special Agent #2: This one said just plain “something–“
Special Agent #1: You know, it was sort of, you know.
Special Agent #2: It was right on the tip of my tongue.
Special Agent #1: Mine too.
Special Agent #2: It was just plain “Something,” I’m sure.
Special Agent #1: What did he say about the crime scene?
Special Agent #2: I don’t quite recall.
Special Agent #1: “The Something Something.”
Special Agent #2: It is very incriminating.
Special Agent #1: Or was it just plain “Something”?
Special Agent #2: Something rather like that.
Special Agent #1: Well put it down any way you like in your 302. Don’t worry, it wasn’t recorded.
The suspect appeared to be nervous.’ Nervous? No kidding, we’ve got a badge, a gun, and a 98 percent conviction rate.
Technology actually exists that would allow automobiles to drive themselves, for AI to write novels and the FBI to record interviews.
