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Hasan Piker Just Gave His Millions Of Followers A Masterclass In What Not To Do When Detained By CBP

from the don't-be-a-piker dept

Progressive streamer Hasan Piker’s recent detention by CBP at the Chicago airport has generated widespread outrage — and rightfully so. No US citizen should be interrogated about their political beliefs when re-entering their own country. But while CBP’s behavior was egregious, Piker’s response was potentially even more dangerous: he chose to engage in a two-hour conversation with federal agents without a lawyer present, streaming about it afterward as if this were just more content for his millions of followers.

For many years, we’ve called out this kind of bullshit interrogation technique of citizens at the border (it didn’t start with Trump, though it’s almost certainly gotten worse with him in power).

Rather than following the basic rule of only showing his passport, answering the most basic travel-related questions and requesting a lawyer if they asked further questions, Piker chose to engage in an extended dialogue with CBP officials about his political views, beliefs about Hamas, and even past Twitch bans. He turned what should have just been a clear story of an unfortunately common constitutional violation into potential legal ammunition against himself. As Taylor Lorenz reported:

He was detained in Chicago and questioned for two hours about protected journalistic activities like who he’s interviewed and his political beliefs. He was asked whether or not he’d interviewed Hamas, Houthis, or Hezbollah members. He was questioned about his opinions on Trump and Israel and asked about his history of bans on Twitch. His phone and laptop were not confiscated.

“They straight up tried to get something out of me that I think they could use to basically detain me permanently,” Piker said on stream following the incident. “… [the agent] kept saying stuff like, do you like Hamas? Do you support Hamas? Do you think Hamas is a terror group or a resistance group?”

“I kept repeating the same statement over and over again,” Piker said. “I kept saying… I’m on the side of civilians. I want the endless bloodshed to end. I am a pacifist. I want wars to end… which is insane because up until this moment. If you were to say as an American citizen, you stand 10 toes down with Hamas, or you stand 10 toes down with the Houthis, they can’t deny you entry into the country for that shit.”

His post-detention stream reveals just how badly he misunderstands the danger he put himself in. Despite claiming he “kept repeating the same statement,” he eagerly recounts engaging in detailed discussions about his past statements on 9/11 and getting excited when a CBP official supposedly “agreed with the blowback sentiment.” This isn’t protecting your rights — it’s giving federal agents hours of statements that could be twisted, misquoted, or used to trap you in inconsistencies later. Even a single misremembered detail could become grounds for a false statements charge.

Throughout his stream, Piker frames this as a battle of wills — bragging about being a “stubborn piece of shit” who wouldn’t be intimidated. But he fundamentally misunderstands the game being played. While intimidation may be a useful side effect for CBP, their primary goal in these extended interviews isn’t to scare you — it’s to get you talking. The more you talk, the more likely you are to say something they can use. And here’s the crucial part that Piker missed: they don’t need you to admit to a crime. They just need you to say something — anything — that they can later claim was false. Just ask Martha Stewart, who went to prison not for insider trading, but for lying about a stock sale to investigators.

Piker’s response to viewers questioning his judgment reveals just how deeply his influencer mindset clouds his legal judgment:

I know that under normal circumstances, I’m supposed to say I want a lawyer. I don’t want to talk to you, but this… nothing I’m doing is illegal.

And I also wanted to see what would happen. Do you understand? I wanted to see what would happen. I wanted to actually see this experience, which is why instead of immediately fucking lawyering up, I was like, “No, I’m going to I’m going to entertain this. I’m going to see what they actually are trying to get out of this.”

And I’m glad I did this because the reality of the matter is one, I’m profoundly privileged. Okay, remember I’m a public person and also I have enough money to to be able to fight back against this sort of thing and they know who the fuck I am. So obviously the reason for why they’re doing that is I think to try to create an an environment of fear to try to get people like myself or at least like others that would be in my shoes that don’t have that same level of security to shut the fuck up. And for me, I’m going to use the privilege that I have in that moment to try and see what the fuck they’re doing. Okay?

This response perfectly encapsulates the dangerous intersection of influencer culture and law enforcement encounters. Piker treats this like content creation — an opportunity to “see what would happen” and generate an interesting story. But federal agents aren’t content collaborators. They’re trained investigators who excel at getting people to inadvertently incriminate themselves through casual conversation. His “privilege” of being a public figure with money doesn’t protect him — it makes him a more valuable target.

He totally misunderstands the shit he’s in here. Yes, part of this is intimidation and trying to get him to shut up when talking publicly, but while they have detained him they want him to talk away because that’s how he fucks himself. You are bound to say something at some point that can be used against you. Even if you’re positive you haven’t.

If you think this sounds paranoid, just watch this essential lecture by law professor James Duane explaining why you should never talk to law enforcement without a lawyer present. The lecture is followed by 20 minutes of a police officer basically confirming everything Duane says and emphasizing that you should never, ever talk to law enforcement without a lawyer, and explaining how he (and other cops) are great at convincing you to talk against your best interest:

There’s a lot in there, but he explains why you should never talk to law enforcement without a lawyer even if you’re innocent, you only tell the truth, don’t reveal anything incriminating, and the entire interview is taped. Because even then what you say can be used against you in ways you don’t expect. And, as he notes, what you say can never be used in your favor in such circumstances.

Or, to put it in shorter, more direct terms, listen to the late great pioneering civil rights lawyer Bill Goodman and his longtime law partner Denise Heberle in the PSA they put together four or five years ago for the National Lawyers Guild telling people to shut up when talking to law enforcement.

Also, if you’re re-entering the country, make sure you know what your actual rights are.

Piker and his supporters have offered up multiple defenses of his decision to talk, each more dangerous than the last:

First, they insist it “worked” because CBP eventually let him go. This fundamentally misunderstands how these encounters work. They were always going to let him in — he’s a US citizen. Requesting a lawyer would have “worked” too. He would still have been let in. The risk isn’t in the moment, it’s in how those two hours of statements might be used against him later. He might have told a little white lie that will come back to haunt him. He may have made a slight exaggeration. He might have said something that could be twisted and misrepresented in court. There are many reasons that he has put himself in totally unnecessary risk.

Second, they argue he got more attention for the incident by engaging. But he could have generated the same outrage by simply describing CBP’s unconstitutional detention and questioning after asserting his rights. The story isn’t improved by putting himself at legal risk.

Third, his supporters argue that since “CBP doesn’t care about due process anyway,” asserting your rights is pointless. This is exactly backwards. When facing authorities who might violate your rights, you don’t voluntarily surrender them — you assert them clearly and create a record of doing so. Voluntarily waiving your rights because they “might not respect them anyway” is handing them the win for no goddam reason.

Finally, there’s the “journalist generating content” defense — perhaps the most dangerous rationalization of all. This perfectly captures how influencer-brain can lead people to catastrophically misread serious situations. When being questioned by federal agents, you’re not a journalist gathering material. You’re not creating content. You’re potential prey, facing trained predators whose entire job is getting you to say something — anything — they can use against you later.

Perhaps most disturbing is watching his supporters argue that he’s “experienced at this” because he handles hostile Twitch chat trolls daily. This dangerous false equivalence perfectly illustrates how influencer culture can lead people to fatally misunderstand encounters with state power. Managing online trolls requires an entirely different skillset from protecting your rights during law enforcement questioning. One is about engagement; the other is about knowing when to stay silent.

This matters far beyond Piker’s individual case. With his massive platform, he’s teaching millions of followers exactly the wrong lesson about dealing with law enforcement — that if you’re clever enough, privileged enough, or “experienced” enough at handling conflict, you can somehow talk your way through it. This is exactly the kind of thinking that leads people to waive their rights and incriminate themselves.

Yes, CBP’s treatment of Piker was shameful and unconstitutional. It deserves fierce condemnation. But by turning a serious civil rights violation into influencer content, Piker didn’t just put himself at risk — he helped normalize the very kind of police overreach he claims to oppose.

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Comments on “Hasan Piker Just Gave His Millions Of Followers A Masterclass In What Not To Do When Detained By CBP”

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56 Comments
JB says:

The whole “could he be the left’s Rogan” thing has gone to his head. Initially I found him interesting, but listening to his podcast I have reached the conclusion (and the story confirms it) that he thinks to highly of himself and his knowledge. He can’t shut up and just remain silent while being detained by CBP because that is what normies need to do, not what Piker needs to do as he has a Big progressive brain and must use all his knowledge to pontificate at every single turn.

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Stephen T. Stone (profile) says:

Re: Re: Re:

I’m not doing whataboutism. Valis is widely considered to be a Chinese agent based on numerous pro-China statements that also paint the U.S. in a wholly negative light. They claim they’re an African woman, but the consistency of their pro-China/anti-US stances calls that claim into question. Asking them about the Uyghurs is like asking Koby that One Simple Question: It’s a good way to make sure they leave a comments section.

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That One Guy (profile) says:

Apples to orangutans

Perhaps most disturbing is watching his supporters argue that he’s “experienced at this” because he handles hostile Twitch chat trolls daily.

A troll can disrupt a stream and turn it toxic and if they get out of hand you can ban their ass and kick them out because ultimately you as the streamer are the one with the power.

In an interaction with CBP or a similar agency/agent none of the above applies.

Both Hasan and his defenders really need to stop drinking their own Flavor-aid and realize that he was outmatched from the outset and only making things worse for himself and those that watch him.

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steve says:

“he chose to engage in a two-hour conversation with federal agents without a lawyer present”

CBP is different than normal police interactions

“If you have a lawyer, you should ask CBP for permission to contact your lawyer. Note, however, that CBP may tell you that you do not have the right to speak to an attorney” ©2018 American Immigration Lawyers Association

Arianity (profile) says:

But he could have generated the same outrage by simply describing CBP’s unconstitutional detention and questioning after asserting his rights. The story isn’t improved by putting himself at legal risk.

I’m not sure about that. Martyrdom and an ongoing conflict can work to generate more outrage (assuming you’re willing to take the personal risk).

Cases like Abrego’s would not be getting the same attention as if he had been released immediately. It’s also the same logic behind civil disobedience. What Rosa Parks did was illegal- there were segregation laws on the books. (The difference being what she did was very carefully planned and orchestrated beforehand for maximum sympathy)

The really big caveats are you need to understand what you’re signing up for. And also, need to be careful how you do it/what message you’re sending. You’re right that you need to be careful not to teach people that it’s a good idea to talk to law enforcement.

Arianity (profile) says:

Re: Re:

Even if that’s true, at least he would be free. Which one do you think is more important: his freedom or your desire to make a martyr of a man who likely doesn’t want to be one?

Oh, for sure. He didn’t ask to be put in that position, and I’m not saying he should be forced to. I’m only using him as an example of a story with staying power that lasted longer because of ongoing injustice. Not an example of someone who made the choice intentionally.

But for people who are free to make the choice, some might decide that martyrdom for the cause is more important than their freedom, as many people did during the Civil Rights Movement. And if they do, the optimal actions are different. (Not sure if Piker really understood what he was risking, to be clear.)

I couldn’t think of any modern examples of a person voluntarily martyring themselves on an ongoing basis. So I used Abrego’s case as modern example of staying power, and Parks as an older example of strategically choosing civil disobendience. The closest modern example I can think of is maybe Navalny? But as far as I’m aware he didn’t actually do anything illegal by the books, he just knew he was facing trumped up charges, so not quite the same.

Stephen T. Stone (profile) says:

Re: Re: Re:

He didn’t ask to be put in that position, and I’m not saying he should be forced to.

You said, and I quote:

Martyrdom and an ongoing conflict can work to generate more outrage (assuming you’re willing to take the personal risk). … The really big caveats are you need to understand what you’re signing up for. And also, need to be careful how you do it/what message you’re sending.

I mean, I accept your claim that you don’t think he should’ve been put in the position to be a martyr and all, don’t get me wrong. But saying what you said and talking about Rosa Parks while also mentioning his case does kind of imply otherwise. Everyone fucks up with their wording sometimes; I’m not gonna claim I’m perfect in that regard. Just…maybe read your comments before posting them and consider how they might be interpreted, y’know?

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Doctor Biobrain says:

The way Hasan deals with Twitch trolls is precisely why he shouldn’t have said anything because he’s terrible at it. I watch his funny reaction videos on YouTube but the worst parts are when he gets sucked into yelling at his chat. Almost every video gets bogged down with him angrily defending himself against troll accusations before banning them because he’s so upset and doesn’t know how to let criticism go. I can only imagine how much worse it was with Border Patrol pumping him for info. He needs to understand that he’s a politically-flavored comedian, not a journalist or wonk.

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Bilateralrope (profile) says:

Requesting a lawyer would have “worked” too.

Requesting a lawyer probably would have worked much faster. Maybe a few minutes of questioning before they realize that they aren’t going to get anything, then letting him go so they can move to their next target.

But now they have two hours of testimony that they can go through looking for any lies they can blackmail him with.

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TaboToka (profile) says:

*cough* Berghuis

James Duane’s video came out prior to Berghuis v. Thompkins, 560 U.S. 370 (2010), so there’s a bit more you have to do:

  • You have to (a) specifically state you are invoking your right to remain silent and then (b) STFU.

Thanks to the corrupt LEO bootlicking conservative members of SCOTUS, just remaining silent doesn’t invoke your 5th Amendment right.

A swim through vast dregs of YouTube police encounter videos will show you a fair number of folks know about (a), but almost all of them fail (b).

A pretty good series of videos is by Andrew Flusche, such as his Don’t talk to police.

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KellerR says:

No US citizen should be interrogated about their political beliefs.

Right, national-security be damned. Acting as if the world didn’t have a recent phenomena of insulated westerners leaving their comfy lives in the west to Jihad around with ISIS is peak virtue over substance that the Hasan types are ruining leftists with.

Somehow this vocal public defender of extremism aboard being detained for additional scrutiny into his travel itinerary is just extraordinary overreach.

Oh, please.

FMHilton (profile) says:

Influencers and stupidity

So this guy did this stupid thing, and does he really, really believe that he got away with it?

Cops (and that means ALL cops, federal, local, cartoon) have a nasty habit of remembering if you make them look bad. By broadcasting how ‘smart’ he was he just made himself a target the next time he gets pulled into the room to talk to them.

He got out of his predicament this time, but the CBP have been literally kidnapping people off the street and they somehow end up in another state or country without ever having had a chance to talk to a lawyer.

Don’t tell me the CBP does not have institutional memory and that they did not keep records of what happened.

If he goes out of the country again and comes back he might have another ‘encounter’ with them and then he’ll find out what the term ‘karma bites’ means.

He might not walk out of that interview free. Especially if he in the past has said that he identifies with a certain group that are not very popular right now or have been in the past.

Another point the cop in that video states that everyone should remember:

The cops can and do lie to suspects. It’s standard procedure.

They are encouraged to get them to talk. They will lie to them willingly and without any qualms whatsoever.
They won’t be punished for it. In fact, they’ll get ‘attaboy’ for having gotten their confession without undue force.

YOU are NOT allowed to lie to the cops. You WILL be prosecuted if they find out you did lie to them and one of the charges will be lying to the cops.

And in the video both the professor and the cop tell how easy it is to make sure you lie and get caught.

So yeah Hasan has gotten stupid. Anyone who follows his ‘advice’ is a bigger fool than he is.

STFU and don’t talk to cops-end of subject.

Arijirija says:

Re:

Hasan might’ve got more mileage if he’d stuck to asking them “Why are you so agitated?” I think that’s the standard question to ask of a cop under any circumstance, whether it is beside the road in a traffic stop, down at the pub and they’re out of uniform and the policewoman’s trying to chat you up, or being questioned about where you where on the night of the nth of the nth month … “Why are you so agitated?” Remember that the next time you have to interrogate a cop. Repeat it for two hours and the cops will be agitated …

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