What is an FBI 302? The Problematic Nature of FBI Agents’ Interview Memos
A witness who was not represented by counsel during the interview cannot effectively challenge the accuracy of the 302. It becomes a witness-said/agent-said situation. And who is the jury going to believe? Two clean-cut FBI agents who insist the 302 is an accurate summary of what the witness said, or the witness?
In other words, a witness can be effectively coerced into testifying not to the truth of what happened but the “truth” as it was captured by the handwritten notes of an FBI agent. As explained above, the witness notes may not be accurate for all sorts of innocent reasons. It also may not be accurate because an FBI agent has a strong interest in finding evidence of a crime.
The only silver lining to this whole situation is that 302s that capture exculpatory statements about the defendant must be disclosed under Brady, and the government must disclose 302s for testifying witnesses under the Jencks Act. 302s are a very effective discovery tool when they are disclosed to the defense after indictment. After a long investigation, you can finally learn what the witnesses said (or what the FBI agents heard).
This silver lining only benefits the defendant, not poor Mr. McKinley, who is still stuck between a rock and a hard place.
Basically since Flynn didn't have witnesses...............the FBI agents like the lunatic Peter can write whatever he wants. Normally they are written the next day or within a month from their notes.........It is said done 7 months later which is BS............The Judge sees this shit.............and wants answers................knows it's a standard set up.............
The FBI likes the hand written because if they recorded the whole thing they could get nabbed themselves .......which is why Flynn should have had and attorney and forced this to be electronically recorded.....Now it's his word versus 2 FBI guys who don't have to write the 302 how it really went down.
