A terror suspect has been trying to get his admissions thrown out because he thought he was talking to his defense attorney when being debriefed by federal agents and Assistant US Attorneys. In US v. Shahawar Matin Siraj 05-CR-104, the Defendant was told by his immigration lawyer to go to the local police station to get proof that a previous misdemeanor was dismissed.
While on his way into the precinct he was arrested and questioned by agents and US Attorney's as to his role in a plot to blow up the 34th Street Subway station. He confessed on video tape (which evidentially did not include a part where the AUSA told him he was an AUSA.)The court ruled that the defendant (who testified) knew the AUSAs were not his attorney's because he testified he wanted to call his mother so she could call the immigration attorney and tell her he needed her.
Question for Judge Gerson. (Link is to a picture. Her Honor is in the center) : Shouldn't that request be seen as a request for a lawyer?
Anyway Her Honor ruled that the defendant's behavior belied his testimony and that he knew he was talking to prosecutors. So much for the arguing against that big two level "obstruction of Justice" upward sentencing enhancement under USSG sec. 3C1.1.