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Originally Posted by Icelander
I get that they can demand to retain custody and probably get that to stick, but custody doesn't imply permission to be present during all interviews.
For example, they would never be allowed to sit in on conferences with the inmate's defence attorney and if there is potential that any deal offered by the DHS might affect Inmate Taylor's chances of parole, he will probably be able to demand access to an attorney.
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Defense Attorney is different and the Attorney does the interview in a location of the Agency's choice. Notice in pretty much all crime dramas, the "Client" is left with the Attorney in a Secure Conference Room.
When agents of a different agency, interview subjects and don't want the holding agency to be in the room, then it is in a Monitored Interrogation Room.
Quote:
Originally Posted by Icelander
I don't know what happens if ICE/HSI or BDP investigators claim that they must interrogate Inmate Taylor about TS-SCI intelligence he was privy to as a serving soldier and that the CID agents are not cleared for that. Or that he still has operational information about foreign intelligence sources that they must obtain from him in connection with a joint task force operation against drug cartels that does not include the CID.
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This usually results in either a Special Agent of the detaining agency that is read in (i.e. has clearance) being brought in, or one or all of the agents present being read in.
Quote:
Originally Posted by Icelander
It would seem that the legal requirements of custody was served even if they didn't follow him into an interrogation room. After all, it's not as if regular police are not allowed to leave prisoners in locked or closed rooms, even with guests (lawyers, even family members or romantic partners in my experience) while still retaining legal custody of them.
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These types of affairs are in rooms provided by the detaining agency, which knows they are secure and family members/domestic partners are subjected to at least a search equal to that at airports at the very least. How through the search is depends on the detainee and facility.
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Originally Posted by Icelander
It seems entirely plausible that instead of two US Marshals, which was my initial guess, there would simply be two US Army CID agents, either military 31D or civilian 1811. I'm not sure which or even if one or both of them should be enlisted (probably not both, given the political sensitivity of the DHS request).
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The Senior Agent of the pair is most likely to be an extremely experienced agent. Most likely hand picked for the escort duty, so will probably be read in on at the very least how important this is.
Quote:
Originally Posted by Icelander
Granted. On the other hand, DHS is shovelling blame with both hands at the DOD and the US Army specifically for the disaster on the Mexican border, so I'm guessing that whatever shadowy figures within the DOD that are privy to the details of Onyx Rain did their best to ensure cooperation with the DHS for now.
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The Sec of Defense and the Sec of the Army will still try to retain as much "face" as they can in the situation. So will want to "control" the events around the detainee as much as possible.