In late May, Attorney General Eric Holder announced a new Department of Justice policy regarding the recording of statements of people in federal custody, after arrest but before the first court appearance. Under the new policy, there is a presumption that their statements will be recorded.
According to the press release, the new policy takes effect July 11, 2014. It applies to the FBI; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms, and Explosives; and United States Marshals Service. It applies to places of detention with suitable recording equipment. It requires the use of video recording when possible. When suitable video recording equipment is not available, audio equipment can be used instead. In either case, the recording must include the entire interview.
There are certain exceptions, including when (1) the interviewee does not want to be recorded or (2) recording is not practicable.
The attorney general has directed federal prosecutors to perform training for agents and prosecutors regarding the policy.
