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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 (2) When prisoners are removed from the custody of the U.S. Marshal to be transported to some place other than a field office to reenact the scene of a crime or to aid in location of a hideout, etc., prior FBIHQ authority is necessary before making the request of the U.S. Marshal's Office for release of the prisoner. **EfFEDte: 06/29/1981 MCRT#: 0 Div: D9 Cav: SecCls: 7-19 PRESENCE OF COUNSEL DURING INTERVIEW (See MIOG, Part 2, Section 7.) (1) In the event an individual being interviewed in a criminal investigation (including subjects, suspects, and witnesses) is accompanied by an attorney or aide or requests the presence of an attorney or aide, the interview may be conducted, provided|that, when possible, the case is reviewed and potential problems are discussed with the CDC prior to the interview. Two|Agents should be designated to conduct the interview whenever the presence of an attorney or aide is anticipated. (2) In the event an individual being interviewed in a security-type case, whether a subject or otherwise, requests that his/her attorney or aide be present, the interview may be continued. When it is anticipated that an attorney or aide will be present during the interview, the interview should be conducted by two Agents when it is logical to do so. In all instances of planned interviews, the SAC has the responsibility and option of deciding when two Agents should handle the interview. Judgment in each case should be based on logical grounds, and considerations such as an Agent's safety or security and the potential for harassment of an Agent, are to be taken into account. (3) In all instances, however, including investigations with security ramifications, it is permissible to accept any information being volunteered by an individual, whether in the presence of his/her attorney or not. **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |7-20| PRESENCE OF STENOGRAPHERS No interviews are to be conducted in the presence of stenographers employed by subjects without prior FBIHQ approval. No interviews are to be conducted in the presence of other stenographers not employed by the FBI without FBIHQ approval. **kEFEDte: 06/29/1981 MCRT#: O Div: D9 Cav: SecCls: | 7-21] EVIDENCE OF FEDERAL INCOME TAX VIOLATIONS (See MIOG, S Printed: 05/05/2004 13:08:54 Page 20