Four hours of more than 400x pleading the fifth. Would have lasted much longer if he had not been told to say "same answer" - to speed things up

P_Wop

Super Anarchist
7,266
4,519
Bay Area, CA
“You see the mob takes the Fifth,” he said. “If you’re innocent, why are you taking the Fifth Amendment?” DJT
 

MR.CLEAN

Moderator
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Not here
Those pleas of the 5th are viewed differently in civil court, no?
Correct. In a civil case, the trier of fact may infer guilt/admission from a defendant's non-response in exercise of his 5th amendment right not to incriminate himself. In a criminal case, such an inference is prohibited by the amendment.

In other words, those questions have a very specific purpose, which is to lay out the elements of the civil violation or tort, and to specify how the defendants specifically did those things. The non-responses are strong evidence against Trump.

Tish: "You did this thing, right?"
Trump: "5A"
Tish: "Jury, if he didn't do this thing, he would of course had said so. Instead, he exercised his right not to incriminate himself and failed to answer. You may infer that he did the thing."

I hope they are able to get his "Only criminals plead the fifth" tweet into evidence
 
Last edited:

Mike G

Super Anarchist
8,942
3,322
Ventura County, CA
Correct. In a civil case, the trier of fact may infer guilt/admission from a defendant's non-response in exercise of his 5th amendment right not to incriminate himself. In a criminal case, such an inference is prohibited by the amendment.

In other words, those questions have a very specific purpose, which is to lay out the elements of the civil violation or tort, and to specify how the defendants specifically did those things. The non-responses are strong evidence against Trump.

Tish: "You did this thing, right?"
Trump: "5A"
Tish: "Jury, if he didn't do this thing, he would of course had said so. Instead, he exercised his right not to incriminate himself and failed to answer. You may infer that he did the thing."

I hope they are able to get his "Only criminals plead the fifth" tweet into evidence
Knowing this, do they specifically tailor the questions?
Do they have two sets of questions.....one if he answers, and another to just let him bury himself?
 

Bus Driver

Bacon Quality Control Specialist
Correct. In a civil case, the trier of fact may infer guilt/admission from a defendant's non-response in exercise of his 5th amendment right not to incriminate himself. In a criminal case, such an inference is prohibited by the amendment.

In other words, those questions have a very specific purpose, which is to lay out the elements of the civil violation or tort, and to specify how the defendants specifically did those things. The non-responses are strong evidence against Trump.

Tish: "You did this thing, right?"
Trump: "5A"
Tish: "Jury, if he didn't do this thing, he would of course had said so. Instead, he exercised his right not to incriminate himself and failed to answer. You may infer that he did the thing."

I hope they are able to get his "Only criminals plead the fifth" tweet into evidence
Thanks. I reading that, given the knowledge his books were fraudulent, it read like several questions were phrased in such a way to let him incriminate himself with the 5A plea.
 

Bus Driver

Bacon Quality Control Specialist
I would imagine you take things you know (the Trump Organization tax filing/books were fraudulent) and craft questions that allow an individual to incriminate him/herself by pretending to be unaware of something they are required to sign, accepting responsibility for the contents.
 


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