Element of surprise Quote by James Duane

““I told her to send the agent a letter, explaining that she would be happy to consider answering any questions he might have, but only if he would extend her the minimal courtesy of putting those questions in writing, so that she could also put her answers in writing. What on earth would be so unreasonable about a request like that? Nothing at all. It would enable this woman to think carefully about her answers, possibly obtain the assistance of a lawyer, and check her records to make sure that her answers were accurate. It would also eliminate the very terrible danger, discussed at great length in this book, that the agent might later unintentionally misquote her in ways that could make her statements sound more damaging than they really were. The request was perfectly reasonable—and, I might add, it was exactly what any federal agency will tell you to do if you want to get important information out of them. (“Put it in writing, and we will get back to you in a couple months. Maybe.”) But that was the end of the investigation, as I knew it would be. When the federal agent was advised that my client would not talk to him unless he was willing to put his questions in writing, he angrily replied that he refused to interview anybody that way, and she has not heard from him in months. Just think about that. That tells you just about everything you need to know about the motives of this government agent. He was more than happy to talk to my client as long as he could have the element of surprise and the ability to hold all the cards by asking her a bunch of questions in an informal interview that would not be recorded—and he knew from years of experience that he would have no difficulty getting any jury or judge to believe him if he later testified from his notes about his recollection of that conversation. But when he was asked if he would simply agree to allow the exchange to be put in writing, he refused. That is the kind of unreasonable behavior you can expect when a government agent has become spoiled through years of always having it his way, dealing only with people who are never able to effectively contradict his recollection of exactly what was said, and by whom.   Don’t””

— James Duane