◆ SpookStack

” 94 has. no right to ask him any quéstion to which it already knows the true answer. Merely to state the argument is to refute it. If such questioning by an agent violated a defendant's © due process rights, much legitimate governmental investiga- tion would be stymied. Defendants do not need such unprece- dented protection, since truth is a solid protection for the innocent. When a person is questioned by an FBI agent, he or she may answer truthfully, without fear,, if no crime has been committed. If a person has such fear, protection— is limited to the silence guaranteed by the fifth amendment''s privilege against self-incrimination. No defendant has. a constitutional right to lie to the investigating agent,. and then have a successful prosecution set aside becausé the agent knew at the time of the interview that the defen- dant's statements were lies. 2. Instructing Agents, about Testimony.” Defendant Lederer claims that the government instructed its agents to "pepper" their testimony throughout g pepp .the trial and due process hearings with the answers, "I don't know" and "I don't recall". To begin with, there is no evidence whatsoever that any of the agents-or Weinberg was given such instructions. Of course, many of the ques- tions did produce such responses. In this court's view,