“I don't recall that conversation.”
“I have no independent recollection of that.”
“I do not believe I said that.”
“I don't recall making that remark.”
“I have no memory of seeing that memo.”
If you were the head of an agency or organization at the time of the matter being investigated you can still enter the Fuzz Zone, but must do so with greater care. In particular you need to avoid answers that make it appear you are trying to avoid responsibility for things that happened under your command. When faced with a question where forgetfulness may lead to such suspicions, be proactive -- assume responsibility first, then “forget.”
Terms like “no independent recollection” are particularly useful when the questions center on matters in which you suspect confirming evidence may exist or is likely to surface later in the investigation.
When confronted with proof of prior knowledge, you can go back to your original answer;
If asked who told you, you reply, “I don't recall.” If you want to get fancy you can throw that question back at the questioner;
Such a reply, while appearing pretty checky under the circumstances, is actually a safe gambit, since you know that no one told you, that you knew all along – something your questioner can't prove.
How sweet is that? “I don't recall” -- the lie that cannot be proven. No one can look inside your head and prove or disprove the state of your memory. So say it as often as you must to keep your ass out of jail -- “I don't recall.” It's a dodge that, while it may wear thin with prosecutors, is the gift that keeps giving for the guilty.
3) The “You know I am precluded from answering...” Gambit
This technique only works if you can credibly claim to be in possession of state secrets or privileged executive matters.
When using this technique it is extremely important that you appear “pained” that you cannot simply answer the question. As you “struggle” with your response be sure to insinuate that your answer, were you free to provide it, would fully support your claim of innocence.
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This technique, if properly deployed, not only protects inconvenient truths, but can recast you from suspected perp to hostage of circumstances beyond your control. (“If only I were free to answer...”)
