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Trump testimony in New York investigation: Live updates | AP News

  
Via:  John Russell  •  2 years ago  •  83 comments

By:   MICHAEL BALSAMO, MICHAEL R. SISAK and MICHELLE L. PRICE (AP NEWS)

Trump testimony in New York investigation: Live updates | AP News
"I once asked, 'If you're innocent, why are you taking the Fifth Amendment?'

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TRUMP TOOK THE FIFTH TODAY IN TESTIMONY, UNDER OATH , BEFORE AN INVSTIGATION INTO HIS BUSINESS PRACTICES. 


S E E D E D   C O N T E N T



NEW YORK (AP) — Donald Trump invoked his Fifth Amendment protection against self-incrimination as he testified under oath Wednesday in the New York attorney general's long-running civil investigation into his business dealings, the former president said in a statement.

Trump arrived at Attorney General Letitia James' Manhattan offices in a motorcade shortly before 9 a.m., before announcing more than an hour later that he "declined to answer the questions under the rights and privileges afforded to every citizen under the United States Constitution."

"I once asked, 'If you're innocent, why are you taking the Fifth Amendment?' Now I know the answer to that question," the statement said. "When your family, your company, and all the people in your orbit have become the targets of an unfounded politically motivated Witch Hunt supported by lawyers, prosecutors and the Fake News Media, you have no choice."

As vociferous as Trump has been in defending himself in written statements and on the rally stage, legal experts said answering questions in a deposition was risky because anything he said could potentially be used against him in a parallel criminal investigation by the Manhattan district attorney. The Fifth Amendment protects people from being compelled to be a witness against themselves in a criminal case.

Messages seeking comment were left with James' office.

Wednesday's events unfolded as a flurry of legal activity surrounds the former president. Just days before, FBI agents searched his Mar-a-Lago estate in Florida as part of an unrelated federal probe into whether he took classified records when he left the White House.

New York's investigation, led by James, involves allegations that Trump's company, the Trump Organization, misled lenders and tax authorities about the value of prized assets like golf courses and skyscrapers.

"My great company, and myself, are being attacked from all sides," Trump wrote beforehand on Truth Social, the social media platform he founded. "Banana Republic!"

In May, James' office said that it was nearing the end of an investigation against Trump, his company or both. The Republican's deposition — a legal term for sworn testimony that's not given in court — was one of the few remaining missing pieces.

Former President Donald Trump will be questioned under oath Wednesday in the New York attorney general's long-running civil investigation into his dealings as a real estate mogul, he confirmed in a post on his Truth Social account.

Once the investigation wraps up, the attorney general could decide to bring a lawsuit seeking financial penalties against Trump or his company, or even a ban on them being involved in certain types of businesses.

Two of Trump's adult children, Donald Jr. and Ivanka, testified in recent days, two people familiar with the matter said. The people were not authorized to speak publicly and did so on condition of anonymity. It's unclear whether they invoked the Fifth Amendment during their depositions. When their brother Eric Trump sat for a deposition in the same investigation in 2020, he invoked the Fifth more than 500 times, according to court papers.

James, a Democrat, has said in court filings that her office has uncovered "significant" evidence that Trump's company "used fraudulent or misleading asset valuations to obtain a host of economic benefits, including loans, insurance coverage, and tax deductions."

James alleges the Trump Organization exaggerated the value of its holdings to impress lenders or misstated what land was worth to slash its tax burden.

The company even exaggerated the size of Trump's Manhattan penthouse, saying it was nearly three times its actual size — a difference in value of about $200 million, James' office said.

Trump has denied the allegations, contending that seeking the best valuations is a common practice in the real estate industry. He's also accused James, who is Black, of racism in pursuing the investigation.

People generally don't have a constitutional right to avoid questions in a civil lawsuit, but Trump's legal team fought James' attempt to question him for months, arguing that the district attorney's parallel investigation created a risk he could face criminal charges. Lawyers in James' office have assisted with that criminal investigation.

Manhattan Judge Arthur Engoron ruled that James' office had "the clear right" to question Trump and other principals in his company — though Trump also had a right to decline to answer questions because of the criminal case.

That criminal probe had appeared to be progressing toward a possible criminal indictment, but stalled after a new district attorney, Alvin Bragg, took office in January: A grand jury that had been hearing evidence disbanded. The top prosecutor who had been handling the probe resigned after Bragg raised questions internally about the viability of the case.

The district attorney's investigation has already led to criminal charges against the Trump Organization and its longtime finance chief, Allen Weisselberg, who are accused of tax fraud related to fringe benefits offered by the company.

Weisselberg and the company's lawyers are scheduled to be in court Friday to argue that the case should be dismissed.


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JohnRussell
Professor Principal
1  seeder  JohnRussell    2 years ago
TRUMP TOOK THE FIFTH TODAY IN TESTIMONY, UNDER OATH , BEFORE AN INVSTIGATION INTO HIS BUSINESS PRACTICES. 

Better than getting hit with perjury charges I suppose. 

 
 
 
Vic Eldred
Professor Principal
1.1  Vic Eldred  replied to  JohnRussell @1    2 years ago

He took the 5th for 5 hours.


Attorney General Letitia James campaigned on one thing only - "GETTING TRUMP!"

 
 
 
Thomas
Senior Guide
1.1.1  Thomas  replied to  Vic Eldred @1.1    2 years ago

From her website 

At a time when our constitutional rights are under attack, the Attorney General's office must be occupied by someone who will be an advocate for everyday New Yorkers and stand up for all of our rights. Throughout my career, I have been driven by the basic belief that the law is the most powerful and effective tool in our quest for progress and equality. I have used it to defend our most vulnerable communities, to uplift our working families, and to ensure that no New Yorker lives beyond the protective shade of justice.

As Attorney General, I will be a champion for New Yorkers in every corner of our state and use my experience, abilities, and passion to be the People's Lawyer. Join me on the campaign trail!

Tish_Signature_SMALL2.png
 
 
 
Vic Eldred
Professor Principal
1.1.2  Vic Eldred  replied to  Thomas @1.1.1    2 years ago

 
 
 
Tessylo
Professor Principal
1.1.3  Tessylo  replied to  Vic Eldred @1.1.2    2 years ago

It would be wonderful to see that crime kingpin thug turd trumpturd (how redundant but appropriate) go down!

 
 
 
Tessylo
Professor Principal
1.1.4  Tessylo  replied to  Vic Eldred @1.1.2    2 years ago

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Tessylo
Professor Principal
1.1.5  Tessylo  replied to  Vic Eldred @1.1    2 years ago

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Tessylo
Professor Principal
1.1.6  Tessylo  replied to  Vic Eldred @1.1.2    2 years ago

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Tessylo
Professor Principal
1.1.7  Tessylo  replied to  Vic Eldred @1.1    2 years ago

298624997_5690388460973572_2962128433363634304_n.jpg?stp=cp1_dst-jpg_p526x296&_nc_cat=107&ccb=1-7&_nc_sid=8bfeb9&_nc_ohc=4A7DKg9Z7CcAX_ikRP4&_nc_ht=scontent-iad3-1.xx&oh=00_AT95CFyb9nIt2kh2FoczC--hK-9vomWalJmnwrjRt7mw1g&oe=62FBE7D9

 
 
 
Tessylo
Professor Principal
1.1.8  Tessylo  replied to  Vic Eldred @1.1.2    2 years ago

298031109_10228427766389065_3143040552189437070_n.jpg?stp=cp1_dst-jpg_p180x540&_nc_cat=100&ccb=1-7&_nc_sid=730e14&_nc_ohc=ivuYqmCkt-sAX9H70g1&tn=ddyv9WRSVi2y4Anp&_nc_ht=scontent-iad3-1.xx&oh=00_AT_XNQ_GQxcFXTazNNHs1eUiyf1mYUYgT9ytVsGiOigaKw&oe=62FB6777

Aerial banner flown for 3 hours over Mar A Lago.
 
 
 
Thomas
Senior Guide
1.1.9  Thomas  replied to  Vic Eldred @1.1.2    2 years ago

You said, and I quote:

Attorney General Letitia James campaigned on one thing only - "GETTING TRUMP!"
 
 
 
Thrawn 31
Professor Guide
1.1.10  Thrawn 31  replied to  Vic Eldred @1.1    2 years ago
If you're innocent, why are you taking the Fifth Amendment?'
 
 
 
Thrawn 31
Professor Guide
1.1.11  Thrawn 31  replied to  Vic Eldred @1.1.2    2 years ago

If you're innocent, why are you taking the Fifth Amendment?'

 
 
 
JohnRussell
Professor Principal
2  seeder  JohnRussell    2 years ago
"My great company, and myself, are being attacked from all sides," Trump wrote beforehand on Truth Social, the social media platform he founded. "Banana Republic!"

Everyone's out to get the piece of shit. Funny thing, there is some truth to it. When you break the law , the lawmen will be out to get you. Its their job. 

 
 
 
Greg Jones
Professor Participates
2.1  Greg Jones  replied to  JohnRussell @2    2 years ago

Good thinking John. Trump's use of the 5th Amendment is what any rational and innocent American citizen would do.

This alleged search for unauthorized documents is simply a cover for the current corrupt government to find something, anything, to nail Trump on. It's so fucking obvious.

If the DOJ doesn't have enough evidence to indict, try, and convict Trump by now, they probably never will

Of course presumption of innocence and due process still apply since this isn't a banana republic

 
 
 
MrFrost
Professor Guide
2.1.1  MrFrost  replied to  Greg Jones @2.1    2 years ago
Trump's use of the 5th Amendment is what any rational and innocent American citizen would do.

But trump said that anyone taking the 5th is guilty. So trump is guilty? Or did he lie about that too?

 
 
 
Texan1211
Professor Principal
2.1.2  Texan1211  replied to  MrFrost @2.1.1    2 years ago
But trump said that anyone taking the 5th is guilty. So trump is guilty? Or did he lie about that too?

The left assured us all that Trump was lying and that the 5th is acceptable.

Just ask Lois Lerner!

 
 
 
afrayedknot
Junior Quiet
2.1.3  afrayedknot  replied to  Greg Jones @2.1    2 years ago

“It's so fucking obvious.”

Isn’t that the truth. Remember the truth?

 
 
 
Dismayed Patriot
Professor Quiet
2.1.4  Dismayed Patriot  replied to  Greg Jones @2.1    2 years ago
Trump's use of the 5th Amendment is what any rational and innocent American citizen would do.

"You see the mob takes the Fifth, If you're innocent, why are you taking the Fifth Amendment." - Donald Trump April 2018

 
 
 
Texan1211
Professor Principal
2.1.5  Texan1211  replied to  Dismayed Patriot @2.1.4    2 years ago

[deleted]

 
 
 
Thrawn 31
Professor Guide
2.1.6  Thrawn 31  replied to  Greg Jones @2.1    2 years ago

[Deleted]

 
 
 
Thrawn 31
Professor Guide
2.1.7  Thrawn 31  replied to  Texan1211 @2.1.2    2 years ago

Seriously, why do you break you back for this asshole? 

I mean, you know that if you ever did anything that might make him slightly look bad he would sic the dogs on you right?  You know he only cares about himself, and that it is it. O just don't get this loyalty to Trump. For real, he is the dominatrix and you are the servants? What the fuck is this? 

 
 
 
cjcold
Professor Quiet
2.2  cjcold  replied to  JohnRussell @2    2 years ago

Trump has been a sleazy serial criminal and liar for his whole adult life. 

Here's to hoping it all catches up to him and he serves some serious jail time.

 
 
 
Greg Jones
Professor Participates
2.2.1  Greg Jones  replied to  cjcold @2.2    2 years ago
If the DOJ doesn't have enough evidence to indict, try, and convict Trump by now, they probably never will

 
 
 
cjcold
Professor Quiet
2.2.2  cjcold  replied to  Greg Jones @2.2.1    2 years ago

Mueller had the evidence and the house impeached Trump but the republican run senate refused to do their job and try him.

Trump has been a sociopathic lawbreaking narcissist his whole life and just uses his money to buy his way out of it.

I find it amazing that nobody has imprisoned or ended him as of yet.

 
 
 
Sean Treacy
Professor Principal
2.2.3  Sean Treacy  replied to  cjcold @2.2.2    2 years ago
ueller had the evidence and the house impeached Trump but th

Then why didn't the Biden DOJ indict him?  

 
 
 
cjcold
Professor Quiet
2.2.4  cjcold  replied to  Sean Treacy @2.2.3    2 years ago

They're definitely going way too slow for my taste.

I do, however, see light at the end of the tunnel.

 
 
 
Texan1211
Professor Principal
2.2.5  Texan1211  replied to  cjcold @2.2.2    2 years ago
Mueller had the evidence and the house impeached Trump but the republican run senate refused to do their job and try him.

The Senate held no trial?? Wow! I must have been grossly misinformed by the likes of ABC, NBC, CBS, CNN, MSNBC, Fox, Reuters, AP, etc.!

Trump has been a sociopathic lawbreaking narcissist his whole life and just uses his money to buy his way out of it.

So I suppose since you have passed judgment on Trump, trials and convictions are no longer necessary. Good deal, saves time, we can just say so-and-so is a criminal and that's that!

I find it amazing that nobody has imprisoned or ended him as of yet.

I do too!

After all the smoking guns the leftists have parroted about, I find it simply amazing that no one has convicted Trump!

 
 
 
Thomas
Senior Guide
2.2.6  Thomas  replied to  Sean Treacy @2.2.3    2 years ago

Give it time. 

You know the old saying,"Good things come to those who wait "

 
 
 
Vic Eldred
Professor Principal
2.3  Vic Eldred  replied to  JohnRussell @2    2 years ago
When you break the law

We are headed for revolution and the king's guard (the FBI) will be in the middle of it.

 
 
 
Tessylo
Professor Principal
2.3.1  Tessylo  replied to  Vic Eldred @2.3    2 years ago

giphy.gif?cid=ecf05e47lmnmvnouyzod2f3tjrbi397sdg5m44u83di0f7fg&rid=giphy.gif&ct=g

 
 
 
Thrawn 31
Professor Guide
2.3.2  Thrawn 31  replied to  Vic Eldred @2.3    2 years ago

[Deleted]

 
 
 
JBB
Professor Principal
2.3.3  JBB  replied to  Vic Eldred @2.3    2 years ago

Yes, and it was dangerous reckless krazy rhetoric just like yours caused this guy to storm the FBI field office in Ohio yesterday...original

 
 
 
Vic Eldred
Professor Principal
2.3.4  Vic Eldred  replied to  JBB @2.3.3    2 years ago

Actually, it was the FBI's own actions that caused it.

 
 
 
sandy-2021492
Professor Expert
2.3.5  sandy-2021492  replied to  Vic Eldred @2.3.4    2 years ago

So, you're defending a man who attacked law enforcement agents?

Like you've defended Ashli Babbitt?

This is a disturbingly anti-American pattern of behavior, Vic.

 
 
 
Vic Eldred
Professor Principal
2.3.6  Vic Eldred  replied to  sandy-2021492 @2.3.5    2 years ago
So, you're defending a man who attacked law enforcement agents?

That was the point of the exercise?  Of course I am not defending it. I am totally against violence against law enforcement, even the ideologically corrupt FBI.


Like you've defended Ashli Babbitt?

She was murdered.


This is a disturbingly anti-American pattern of behavior, Vic.

Anti-American as Joe McCarthy once used the term. The left is in charge and they will pay for all they've done.

 
 
 
sandy-2021492
Professor Expert
2.3.7  sandy-2021492  replied to  Vic Eldred @2.3.6    2 years ago

When you put blame in the FBI for the actions of the person attacking them, you are defending the attacker.

Same with Babbitt.

 
 
 
Vic Eldred
Professor Principal
2.3.8  Vic Eldred  replied to  sandy-2021492 @2.3.7    2 years ago
When you put blame in the FBI for the actions of the person attacking them, you are defending the attacker.

No, that is your opinion or maybe just an attempt to smear me. The FBI has committed some "devious" acts (I'm being kind) within the past 5 years. Don't you think that when they don't ever get held accountable that people will react?


Same with Babbitt.

She was murdered.



Oh I see you've vanished. Ok have a good day

 
 
 
sandy-2021492
Professor Expert
2.3.9  sandy-2021492  replied to  Vic Eldred @2.3.8    2 years ago

Putting the blame on those other than the criminals is defending criminals.  In these cases, the criminals were attacking US government agencies.  To defend such criminals is anti-American.

 
 
 
JohnRussell
Professor Principal
2.3.10  seeder  JohnRussell  replied to  Vic Eldred @2.3.8    2 years ago
Same with Babbitt.She was murdered.

Nonsense. Babbitt was literally attempting to enter a restricted hallway of the US House of Representatives , just 25 ft or so from the House floor. If she was allowed in she would have fought with and conceivably overpowered the cop and the rest of the mob would have flooded in.  By definition anyone still in that chamber would be in danger, possibly for their lives. 

The door to the Speakers lobby was locked and barricaded. If that isnt proof that the mob was not to be allowed past that door I dont know what would be. Her fanaticism killed her, and group hubris. 

 
 
 
Vic Eldred
Professor Principal
2.3.11  Vic Eldred  replied to  sandy-2021492 @2.3.9    2 years ago
Putting the blame on those other than the criminals is defending criminals.

You mean like characterizing a comment is just like characterizing the person?

 
 
 
Vic Eldred
Professor Principal
2.3.12  Vic Eldred  replied to  JohnRussell @2.3.10    2 years ago

We didn't apply those standards to the left wing rioters who surrounded and set fire to a police station with people still inside.

I didn't hear Sandy call them "un-American."

 
 
 
sandy-2021492
Professor Expert
2.3.13  sandy-2021492  replied to  Vic Eldred @2.3.11    2 years ago

I mean what I said.  Ashli Babbitt was a criminal engaging in breaking and entering.  She deserves the blame for her own death.  Not the officers charged with preventing her from breaking and entering.

Ditto for Ricky Shiffer.

Shifting blame from the criminals to those they're attacking is defending criminals and criminal behavior.  It's a weak and dishonest defense, but a defense all the same.

 
 
 
Vic Eldred
Professor Principal
2.3.14  Vic Eldred  replied to  sandy-2021492 @2.3.13    2 years ago

Weak and dishonest is now added to Misogyny & Plagiarism.  One day, Sandy we might have a discussion without all the personal attacks and name-calling.

Despite all the slings & arrows, I come out every day and I'll be here whenever you are ready.

 
 
 
Drinker of the Wry
Junior Expert
2.3.15  Drinker of the Wry  replied to  sandy-2021492 @2.3.13    2 years ago
Ashli Babbitt was a criminal engaging in breaking and entering.  She deserves the blame for her own death.  Not the officers charged with preventing her from breaking and entering.

Repubs have typically given cops the benefit of the doubt except on 6 Jan 21 and 9 Aug 22.

 
 
 
sandy-2021492
Professor Expert
2.3.16  sandy-2021492  replied to  Vic Eldred @2.3.14    2 years ago

I address your comments, Vic.  This has been explained to you ad nauseum.

 
 
 
JBB
Professor Principal
2.3.17  JBB  replied to  Drinker of the Wry @2.3.15    2 years ago

The only times I remember the gop giving cops the benefit of the doubt recently was when they shot unarmed black folks!

 
 
 
JBB
Professor Principal
2.3.18  JBB  replied to  sandy-2021492 @2.3.16    2 years ago

Like clockwork, it's nap time. Dreaming of the midterms...

 
 
 
Texan1211
Professor Principal
2.3.19  Texan1211  replied to  JBB @2.3.18    2 years ago
Dreaming of the midterms...

Best to wake up before you realize for you, the midterms will be a nightmare!

 
 
 
JBB
Professor Principal
2.3.20  JBB  replied to  Texan1211 @2.3.19    2 years ago

How are Dr Oz, JD Vance and Hershel Walker polling today? Don't look now but Ron Johnson is going down quickly, too. The gop is nominating a whole batch of unelectable clowns. 

 
 
 
Texan1211
Professor Principal
2.3.21  Texan1211  replied to  JBB @2.3.20    2 years ago

You need to prepare yourself to say good by to Nancy Pelosi.

She will lose her Speaker of the House position.

Awww.

 
 
 
Mark in Wyoming
Professor Silent
2.3.22  Mark in Wyoming   replied to  JBB @2.3.20    2 years ago
unelectable clowns. 

 I felt that way about trump too, so much so i didnt vote for him and resigned myself to a hillary presidency, until he won.... 

 
 
 
Drinker of the Wry
Junior Expert
2.3.23  Drinker of the Wry  replied to  JBB @2.3.17    2 years ago

The only times I remember the gop giving cops the benefit of the doubt recently was when they shot unarmed black folks!

Then you haven't been paying attention.

 
 
 
bbl-1
Professor Quiet
2.3.24  bbl-1  replied to  Vic Eldred @2.3.4    2 years ago

False  The actions were the Trump's.

 
 
 
Revillug
Freshman Participates
3  Revillug    2 years ago

I heard on NPR today that taking the 5th can protect you from criminal self incrimination but can actually be used against you in civil cases.

 
 
 
afrayedknot
Junior Quiet
3.1  afrayedknot  replied to  Revillug @3    2 years ago

Indeed. The mobster way. 

 
 
 
cjcold
Professor Quiet
3.1.1  cjcold  replied to  afrayedknot @3.1    2 years ago

Trump grew up hanging out with mobsters. I guess he learned a thing or two.

 
 
 
Greg Jones
Professor Participates
3.1.2  Greg Jones  replied to  cjcold @3.1.1    2 years ago

Nah...that would be Obama.

 
 
 
Tessylo
Professor Principal
3.1.3  Tessylo  replied to  cjcold @3.1.1    2 years ago

He's king of the thugs/mafia - the trumpturd crime family - Maria Pujo didn't know anything about trumpturd when he wrote the history of the Borjias as the first crime family.  trumpturd and company are a modern day crime family of a whole different sort.  

 
 
 
Tessylo
Professor Principal
3.1.4  Tessylo  replied to  Greg Jones @3.1.2    2 years ago

That doesn't make a lick of sense.  What the fuck does Obama have to do with this anyway?

 
 
 
Right Down the Center
Senior Guide
4  Right Down the Center    2 years ago

With the way government agencies twist your words trying to confuse you in hopes of being able to charge you with pergury if you don't agree to some bullshit  I would plead the fifth even if they wanted to talk to me about a possible alien landing

 
 
 
JohnRussell
Professor Principal
5  seeder  JohnRussell    2 years ago

NBC is reporting that Trump took the fifth for every single question. 

 
 
 
afrayedknot
Junior Quiet
5.1  afrayedknot  replied to  JohnRussell @5    2 years ago

Chicken shittery. For the feckless, legalese ‘trumps’ the conviction of standing on one’s truth every time. 

 
 
 
Texan1211
Professor Principal
5.1.1  Texan1211  replied to  afrayedknot @5.1    2 years ago

[deleted]

 
 
 
Right Down the Center
Senior Guide
6  Right Down the Center    2 years ago

I don't know who trumps lawyers are but they have accomplished what many others have tried to do and failed misserably: put a muzzle on Donald and stop him from talking. 

 
 
 
afrayedknot
Junior Quiet
6.1  afrayedknot  replied to  Right Down the Center @6    2 years ago

“…and stop him from talking.”

Hell, a first year law schooler would know that…perjury is pretty easy to proof given the sheer volume of video, audio, and perfunctory evidence. 

 
 
 
Right Down the Center
Senior Guide
6.1.1  Right Down the Center  replied to  afrayedknot @6.1    2 years ago

Sure but that does not take Donald and his ego into account.  Years of no filter while everyone around him is telling him to cool it for his own good with him ignoring it has changed. Interesting. 

 
 
 
Buzz of the Orient
Professor Expert
7  Buzz of the Orient    2 years ago

My legal knowledge is limited when it comes to American law, so please help me here.  Isn't the full wording of "taking the 5th" something like "I refuse to answer on the grounds that a truthful answer may incrimitate me."?   In other words - "Even though I'm guilty of an offence I will never admit it."

 
 
 
Revillug
Freshman Participates
 
 
Buzz of the Orient
Professor Expert
7.1.1  Buzz of the Orient  replied to  Revillug @7.1    2 years ago

Thanks.  It hasn't changed my mind that an excessive use of the privilege is tantamount to an admission of guilt.

 
 
 
Revillug
Freshman Participates
7.1.2  Revillug  replied to  Buzz of the Orient @7.1.1    2 years ago
It hasn't changed my mind that an excessive use of the privilege is tantamount to an admission of guilt.

But the admission can't be used in a criminal case as evidence. If they can't prove the case without your testimony they have no case. But a civil case can refer to your taking the fifth as an indication that probably did what you are accused of doing. Letitia James is pursuing a civil case against Trump.

That's how I read it. I'm not  a lawyer.

 
 
 
Mark in Wyoming
Professor Silent
7.1.3  Mark in Wyoming   replied to  Buzz of the Orient @7.1.1    2 years ago
It hasn't changed my mind that an excessive use of the privilege is tantamount to an admission of guilt.

Thing is one has the right to remain silent  and say nothing , which essentially is pleading the fifth even in an interview with authorities . that is usually followed by i want a lawyer present  that represents them  and will follow their advice .

 court of public opinion usually thinks the same as you , if they wont talk they must be guilty of something , and in fact it could simply be a matter of not doing the investigators or prosecuters job for them .

 honestly? if their case is strong , they wont need your help to make their cases .

 
 
 
Greg Jones
Professor Participates
7.2  Greg Jones  replied to  Buzz of the Orient @7    2 years ago

The Miranda warnings amount to the same thing

 
 
 
Buzz of the Orient
Professor Expert
7.2.1  Buzz of the Orient  replied to  Greg Jones @7.2    2 years ago

But the MIranda warnings are warnings, not questions, so they are different, and I doubt that the fact that someone heeded the Miranda warning and did not say anything, except perhaps to ask to phone their lawyer, would be used in evidence.  If they didn't heed the warning and spoke about anything, that could be used as evidence, as stated in the warning. 

 
 
 
Mark in Wyoming
Professor Silent
8  Mark in Wyoming     2 years ago

miranda isnt warnings , its information , on what rights one has when talking to law enforcement or investigators working for the government  .

 they actually thought of doing away with mirandizing someone because of cop tv shows going back to dragnet and the like , people could recite it better than the cops could read it off a card  , but its a CYA now that if someone is pulled in for questioning , they get mirandized .If they are not , they were not informed of their rights as is required by law .

 even military police have their version of the miranda , called article 31  say te same things except mentioning the UCMJ. i use to have to know both since i was dealing with both military members and civilians .

 
 
 
Buzz of the Orient
Professor Expert
8.1  Buzz of the Orient  replied to  Mark in Wyoming @8    2 years ago

Yes, I guess you could say it's information rather than a warning.  Telling a person that whatever they say could be taken as evidence to be used against them is information, but I think it's also a warning to anyone with a brain in their head not to say anything since virtually anything can be twisted around to mean something that the prosecution would want it to mean. 

 
 
 
Mark in Wyoming
Professor Silent
8.1.1  Mark in Wyoming   replied to  Buzz of the Orient @8.1    2 years ago

and that is precisely what the fifth states as well if one thinks about it , the government can not make someone be a witness against themselves  absent a confession  freely given . the government cant force someone to confess. that would open a lot of rabbit holes .

 if a prosecutor needs your own testimony to get a conviction , or win a case against you , they likely dont have a very strong case .

 
 
 
Buzz of the Orient
Professor Expert
8.1.2  Buzz of the Orient  replied to  Mark in Wyoming @8.1.1    2 years ago

My knowledge of American Law is limited, picked up from John Grisham novels and movies, so thanks for the lesson. 

 
 
 
Mark in Wyoming
Professor Silent
8.1.3  Mark in Wyoming   replied to  Buzz of the Orient @8.1.2    2 years ago

lol , i wouldnt call it a lesson , more like a different view to look at it from and you make up your own mind , unlike that guy on TMZ im NOT a lawyer ..... i know just enough to be considered a prosecutors wet dream or nightmare , but smart enough to talk to actual lawyers when required .

 
 
 
Tessylo
Professor Principal
8.1.4  Tessylo  replied to  Mark in Wyoming @8.1.3    2 years ago

Yeah, my go to guy for legal advice!

jrSmiley_86_smiley_image.gif

 
 
 
Mark in Wyoming
Professor Silent
8.1.5  Mark in Wyoming   replied to  Mark in Wyoming @8.1.3    2 years ago

there is the smell of elderberries and hamster droppings again ......

 
 
 
Drinker of the Wry
Junior Expert
8.1.6  Drinker of the Wry  replied to  Tessylo @8.1.4    2 years ago
Yeah, my go to guy for legal advice!

Do you frequently find that you need legal advice?

 
 
 
bbl-1
Professor Quiet
9  bbl-1    2 years ago

The Fifth Amendment is convenient but not bullet proof.  I may shield you from answering a question detrimental to your case but it will not shield you from evidence in your case.

 
 

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