To invoke Article 31 rights clearly and unambiguously, a service member should use simple, direct, and unequivocal language that leaves no room for interpretation by investigators. There is no single “magic” phrase, but the statement should clearly communicate two things: the desire to remain silent and the desire to speak with an attorney. A combination of these two invocations provides the strongest possible protection.
An effective and highly recommended phrase is: “I invoke my right to remain silent. I want to speak to a lawyer.” This statement is powerful because it is unambiguous. It directly addresses both the right to silence and the right to counsel. By stating it clearly, the service member puts an immediate and definitive stop to the interrogation.
Other similar phrases are also effective, such as: “I am invoking my Article 31 rights. I will not answer any questions, and I want an attorney,” or “I am exercising my right to remain silent and I will not speak to you without a lawyer present.” The key is to be firm and to avoid any language that could be seen as hesitant or conditional, like “I think I should get a lawyer” or “Should I talk to you?”
It is crucial to make the statement and then stop talking. Investigators may be trained to try to re-engage a suspect in conversation after they have invoked their rights. By remaining silent after making a clear invocation, the service member prevents any possibility of an argument that they later waived the rights they just asserted.