Trump/MAGA fascism is being aggressively imposed on this society in many horrifying ways, instilling fear and a pull towards cooperation with government authorities. One of the ways people are being confronted with this is in situations where people are stopped as they go about their daily business at school, work, or shopping for food and necessities. Right now, that is a living reality for people who are being targeted as “illegal” immigrants, based on how they look or talk. But there are other situations that can be equally frightening: like when someone is arrested at or in connection with a political protest, or when someone is being questioned by police when they don’t have any idea what it is about. In all cases, people need to know what is the best way to respond to prevent these government agencies from doing great harm. 

In the popular culture in movies and TV shows, to the ever-present law-and-order shows of one kind or another, and even the news, all trumpet the same theme: if the police want to talk to you, you are already assumed to be guilty—of something. To exercise one's legal rights is viewed as further evidence of guilt; even the most basic right—getting a lawyer to defend oneself from the legal and illegal onslaught of cops, prosecutors and judges—is depicted with a sneer as "lawyering up," as though this shows you must be guilty or have something to hide. 

Sometimes you hear the police reading what’s called the Miranda warning (see box) to a person they are intending to interrogate, stating that you have the right to remain silent and the right to a lawyer. But then everything proceeds as though the person being questioned is showing their guilt by refusing to answer questions and getting a lawyer to represent them.

But in real-life situations, the best advice lawyers give anyone who is being arrested, questioned or contacted in any way by the police is: DON’T TALK. 

It is important for people to know what rights they DO have when agents of repression come sniffing around. And it is especially important to insist on those rights even as they are increasingly coming under attack. 

Bob Avakian has spoken to this point in his social media message @BobAvakianOfficial REVOLUTION #106:

As we revcoms (revolutionary communists) have made clear in the Declaration WE NEED AND WE DEMAND: A WHOLE NEW WAY TO LIVE, A FUNDAMENTALLY DIFFERENT SYSTEM: “So long as we are still living under the rule of this system of capitalism-imperialism, we will defend people against attacks on their lives and on the rights that are supposed to be guaranteed under the U.S. Constitution.”

So, what rights based on the U.S. Constitution are supposed to apply whether during an arrest or in any contact with police or government agencies? How should people defend their rights individually and collectively, and what kind of culture is needed to resist the government forces of repression?

The Right to Remain Silent—Don't Talk

When facing agents of government repression (here we are talking about the local police and prosecutors, state or federal law enforcement or various government agencies), the principle of "Don't Talk" is an important legal principle overall, and it is crucial in fighting to protect the various movements of resistance and of revolution from government repression. This principle is stressed very strongly by criminal defense lawyers and civil rights organizations—you have a RIGHT to remain silent.

Many legal rights organizations, such as the American Civil Liberties Union (ACLU) and National Lawyers Guild (NLG), have published materials to inform people of their rights. The most important thing they all advise is to assert your right to NOT answer questions. 

For example, the following is from a brochure published by the ACLU of Southern California: 

WHAT TO DO IF YOU’RE STOPPED BY POLICE, IMMIGRATION AGENTS OR THE FBI:
YOUR RIGHTS 

• You have the right to remain silent. If you wish to exercise that right, say so out loud.
• You have the right to refuse to consent to a search of yourself, your car or your home.
• If you are not under arrest, you have the right to calmly leave.
• You have the right to a lawyer if you are arrested. Ask for one immediately.
• Regardless of your immigration or citizenship status, you have constitutional rights.

And the National Lawyers Guild advises what to do if an FBI agent or police officer knocks at the door:

Do not open the door. State that you are going to remain silent. Do not answer any questions, or even give your name. Anything you say, no matter how seemingly harmless or insignificant, can be used against you or others. Ask the agents to slide their business cards under the door and tell them that your lawyer will contact them. If the agent or officer gives a reason for contacting you, take notes and give the information to your lawyer.¹ 

What Harm Can Talking Do?

There are many myths and lies promoted in the dominant culture and by the police themselves which leave people confused and feeling they have no choice but to cooperate. This is absolutely wrong and dangerous to any movements of resistance from among the people. 

Myth #1—Cooperating will make the authorities go away.

In fact, it often does just the opposite. After all, if they size someone up as a "talker" or weak link, they'll milk this person for all the information they can get. They may return with more questions or continue this line of questioning with others.

Myth #2—Talking will prevent being arrested.

The authorities promote the illusion that a person should try to "save their own hide" by cooperating and talking. In reality, as the ACLU and NLG underscore, in many circumstances talking may increase the chances of a person being busted, and may be sealing the case against himself/herself as well as others.

Myth #3—As long as the information provided is harmless, there's nothing wrong with talking.

When people don't know their rights and talk freely to the authorities, this can do great harm—no matter what information they provide.

First of all, because the person doesn't know the full agenda of the authorities, he/she has no basis to evaluate whether or not information is "harmless." Even if the authorities claim to be investigating something that has nothing to do with your politics or political activities (or those of others), appearances can be deceiving. The authorities can and will twist any information to their advantage.

Secondly, the act of talking encourages the authorities to pursue this tactic and go after others.

Finally, and most importantly, talking fuels the government's efforts to eliminate any movements of opposition and dissent, while standing firm and not talking as a matter of principle contributes to building a culture of resistance and defiance.

Myth #4—If I don't cooperate, won't it look like I have something to hide?

According to the Center for Constitutional Rights (CCR),

This is one of the most frequently asked questions. The answer involves the nature of political "intelligence" investigations and the job of the FBI. Agents will try to make you feel that it will "look bad" if you don't cooperate with them. Many people not familiar with how the FBI operates worry about being uncooperative…. (T)hey [the FBI] are intent on learning about the habits, opinions, and affiliations of people not suspected of wrongdoing....

They will do anything to get a person to talk: from good cop/bad cop approaches (aimed at getting the person to "open up" to the more sympathetic cop) to threats and outright brutality. They also use "mind games" such as saying that others have already informed on a person; or even going so far as falsely telling someone a family member has died in order to get the person to let down his/her guard and reveal information about themselves or others.

Any information that a person provides—no matter how seemingly insignificant—can be twisted and used against that person themselves, or against people and organizations who expose and oppose the crimes of this system. The government has a long history of lying about the facts and fabricating "evidence" in order to frame movement activists and revolutionaries. They take intelligence gathered from a variety of sources and use it in the most sinister ways, even including murder. Consequently, there is no reason to be in the least defensive about not talking to or cooperating with authorities.

If a person thinks that he/she can just "bullshit" an agent, this too is a trap. The investigators are trained to be "friendly" and listen to people's stories. To quote a textbook on interrogation techniques, "Letting the subject tell a few lies, and letting him apparently get away with them, is an excellent technique, and works well with many types of subjects. We have seen that lying on the part of the subject works to the advantage of the interrogator...." The NLG has pointed out:

Keep in mind that although they are allowed to lie to you, lying to a government agent is a crime. Remaining silent is not. The safest things to say are "I am going to remain silent," "I want to speak to my lawyer," and " do not consent to a search." [emphasis added]²

Conclusion

As spoken to throughout this article, as part of trying to beat down movements of resistance and of revolution, agents of the government (police, FBI, prosecutors, etc.) have developed methods to trick, intimidate and brutalize people into giving up legal rights and protections established by the legal system in this country. This basic dynamic and truth needs to be clearly understood, and if various organizations and movements are serious about the challenges they face, they need to grapple with how—mainly by relying on mass movements of the people—to resist such repression.

History has shown that when the decent people refuse to concede the moral authority on what is right and what is wrong, they are better able to withstand repression and continue to develop resistance. If they do not take this approach, they find themselves in a situation where: That which you do not resist and mobilize to stop, you will learn—or be forced—to accept. Part of building a culture of defiance and resistance among people standing up against fascism and the crimes of this system is refusing to allow the government to either intimidate or bamboozle people into giving up resistance, and refusing in any way to enter into complicity with such intimidation and repression.

In this context, the legal principles underlying "Don't Talk" take on heightened importance. Those confronted by police agents should not be bamboozled into giving up the legal rights they do have, as this will only lead to strengthening the repressive apparatus of the state, and help to undercut the ability to struggle against the crimes of this system and to build a movement for revolution to overthrow this system and bring about a fundamentally different and much better system.