Third, the FBI agent may have heard accurately what you said, but interpreted it in a manner you did not intend. Assume that the agent asks you, "Did you travel to Baltimore last summer?" and you respond, "No." The report often will reflect the following: "Mr. Jones denies that he traveled to Baltimore last summer." You , of course, did not say, "I deny that I traveled to Baltimore last summer," but the FBI report often makes the tone of one's response sound incriminating when it was not.

What is the potential solution to these problems? Obviously, tape record or videotape the interview. Do you have a right to do so? Absolutely. Will the FBI object? Almost assuredly. The FBI doesn't want a record of the interview for you to have.

Will it look bad for you if you want to record the interview? It is simply a reasonable housekeeping precaution for all important interviews. Your response could be: "It is for the protection of all parties so there will be no dispute as to what was said." I think it is always a good policy to make a record of important and/or official meetings. What possible harm could it do? The agent is free to make a recording as well if he likes.

A good "record" is what all good judicial and administrative decisions should be based on. That's precisely why court reporters are so important and now almost all of them use tape recordings as "backup" to insure the accuracy of their reporting.

The FBI might suggest that because you are only a witness and your evidence is merely sought as a witness; and because you will be presented at trial as a government witness, they do not want to create a record with which the defense may be able to cross-examine you. This is a judgement call to be made with your counsel. Your status as a witness could change, as mentioned above. The risk of that may outweigh any possible cross-examination that the record may provide.

In any event, if you are doing your best to tell the truth and be forthcoming, then it would only be fair for the defense to have the record anyway, as you do not want to be "used" in a manner that is inconsistent with the entire picture and the entire set of facts that you know. This determination may change if, with the assistance of counsel, you secure an agreement of cooperation and there is substantial "debriefing" involved.

There are many other considerations involved not the least of which is whether you should agree to talk to the agents at all. This and other decisions should be made with the benefit of experienced criminal counsel.