Captdon (08-14-2022)
I am not sure why this guy (an SDNY prosecutor) is speaking as though it can be used against him...
“The negative inference that can be drawn at a civil trial down the road isn’t great for him — that’s the consequence of refusing to testify today, that the jury will be instructed that they can infer that his testimony would have harmed his case — but it’s small potatoes compared to the substantial risk that he would (1) disclose damaging information that could be used against him civilly and/or criminally, (2) lie to avoid disclosing harmful information and thereby open himself up to perjury charges, or both,” she told Law&Crime.
Can Pleading the Fifth Hurt Trump in Civil Case
I looked and saw no mention in the fifth about negative inferences. I suppose I could also make the argument that "Griffin v. California" is just a weak, invented add on (like RvW).
“Just say the election was corrupt and leave the
rest to me and the Republican congressmen”
--Donald Trump
Speaking to the Justice Department on Dec. 27, 2020. Conversation memorialized in then-acting Deputy Attorney General Richard Donoghue’s contemporaneous notes.
“Just say the election was corrupt and leave the
rest to me and the Republican congressmen”
--Donald Trump
Speaking to the Justice Department on Dec. 27, 2020. Conversation memorialized in then-acting Deputy Attorney General Richard Donoghue’s contemporaneous notes.
Personally I don't assume someone is automatically guilty just because they plead the fifth. It's a constitutional right. What I do care about is that whole pesky guilty/not guilty thing people are so quick to overlook.
"I became insane, with long intervals of horrible sanity."
- EAP
Captdon (08-14-2022)
A 5th is not a bad thing at times...........he probably needed one after those 5ths download (4).jpeg
Trump is the entire mob? I did not know that.
Captdon (08-14-2022)
Yeah, he’s wrong here. The USSC has ruled that in CIVIL cases, invoking the Fifth can be used to infer guilt, but cannot be the only factor in establish guilt.
“While in a criminal procedure, the court must instruct the jury that it cannot draw an inference of guilt from a defendant’s failure to testify about facts relevant to his case, (Griffin v. California (1965) 80 U.S. 609). In civil cases, “the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them.” (Baxter v. Palmigiano (1976) 425 U.S. 308, 318.)“
https://www.advocatemagazine.com/article/2016-october/pleading-the-fifth-in-civil-cases
TheLiquidGuy (08-13-2022)
Now_What (08-13-2022)
“Just say the election was corrupt and leave the
rest to me and the Republican congressmen”
--Donald Trump
Speaking to the Justice Department on Dec. 27, 2020. Conversation memorialized in then-acting Deputy Attorney General Richard Donoghue’s contemporaneous notes.