Trump is incapable of speaking without lying. If he doesn't show up, he'll likely be subpoenaed, if he refuses that he'll end up in jail. He doesn't have the power of the presidency to hide behind anymore.
I know someone can plead the 5th, but can they be compelled to testify?
Technically, I would expect the answer is no, but in an impeachment trial, the only real rules are the ones the Senate makes up, so who knows?. People have certainly invoked their 5th Amendment rights when testifying before each house of Congress, so it's not unprecedented.
An impeachment trial is not a criminal proceeding. The text of the 5th amendment specifically applies to criminal cases, but has been held to apply in civil cases as well. However, in a criminal proceeding, the jury is not allowed to draw any inferences from a defendant's refusal to testify. That protection is not in place for civil proceedings.
I know someone can plead the 5th, but can they be compelled to testify?
that depends on how one defines compelled i think in my understanding.
way i understand it , one can plead the 5th and wont have to testify against themselves , there is a very big BUT, if they plead the 5th , they cannot be made to answer questions , any questions , the but is , if a question is asked and they answer , the 5ths protections go out the window , they cannot pick and choose which questions they will or will not answer.
i can see someone invoking the 5th , and then the questioner asks such an outlandish or innoculous question that it invokes an answer , bingo , the protection of the 5th is gone simply because one question was answered .
sample: q: so have you stopped beating your wife?
proper answer if the 5th has been taken : I plead/envoke the fifth. no more questions as long as that is the answer to questions, they can be asked but you wont get another answer that says anything
improper answer that removes the fifth: I have never beat my wife. more questions can be asked about anything.
might want to read the 5th amendment in its entirety on that one.
Does it pertain? This is not a criminal trial.
Fifth Amendment of the U.S. ConstitutionNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Maybe not testify, but he'd have to show and plead the 5th. The Teapot Dome scandal and the subsequent Supreme Court ruling in McGrain v. Daugherty cover contempt of congress. It's a fascinating read.
And if he did that, the loon left in Congress and throughout the country, including on this site, would be screaming that he must be guilty if something and he is trying to hide it.
And if he did that, the loon left in Congress and throughout the country, including on this site, would be screaming that he must be guilty if something and he is trying to hide it.
Oh, I don't think it would just be the "loon left" in Congress. I'm almost positive that I would post a quote from the Bid D himself proclaiming those who do are guilty.
Lindsey Graham warned them - if they call even one witness, the Republicans will begin calling them in droves and Susan Rice can forget about getting anything else done.
They wanted it, now they will get exactly what they deserved- a three ring circus with never ending witnesses. Wonder how long it will take the media to get sick of it and move on to something else? That would depress the despotic Dems even more.
Lol we know they won't because he is a pathological liar and apparently even some of his supporters know it. Why they still support I have absolutely no idea, but there it is.
His lawyers just said he won't appear. It's up to the democrats to prove their accusations. The accused do not have to do the disproving. Nancy & co need a lesson in common law.
Ok...that's not the entertainment I was talking about. I want to see trmp sweating, blithering, coughing, and just down right making a fool of himself in front of Congress
I think you are attributing qualities to him - like shame or guilt - that he does not have.
Here's what will really happen (assuming he doesn't take the 5th): Someone will ask him a question, and then Donald Trump will rant like only Donald Trump can - for two fuckin hours.
Blah blah blah look at this beautiful chamber. It's not as nice as Mar-A-Lago, but still lovely. Let me tell you about how hard our people worked on that blah blah blah. But this is all fake news blah blah blah. And I want to thank all these people who came out here to support me today. What a great group. I love you all. The cameras won't show you, but I know you're there. Blah Blah Blah.
2 hours, minimum
Next question?
By the end of the day, at least half a dozen senators will have jammed a pencil into their own ears just to escape the insanity.
I think you are attributing qualities to him - like shame or guilt - that he does not have.
You're right. What was I thinking?
Blah blah blah look at this beautiful chamber. It's not as nice as Mar-A-Lago, but still lovely. Let me tell you about how hard our people worked on that blah blah blah. But this is all fake news blah blah blah. And I want to thank all these people who came out here to support me today. What a great group. I love you all. The cameras won't show you, but I know you're there. Blah Blah Blah. 2 hours, minimum
Lol, such an obvious trap. Everyone knows Trump is incapable of telling the truth, hell his own legal team wouldn't let him actually talk to Mueller because they knew is physically/mentally unable to be honest about anything.
Lol, such an obvious trap. Everyone knows Trump is incapable of telling the truth, hell his own legal team wouldn't let him actually talk to Mueller because they knew is physically/mentally unable to be honest about anything.
Yes, please, let’s hear From Trump in his own defense.
bwah ha ha ha ha ha ............, yeah, right.
The moment Trump opens his mouth; he hangs himself.
My thought as well.
Interestingly the defense Trump uses about election theft, is the same defense that some Capitol insurrectionists are using.
Trump is incapable of speaking without lying. If he doesn't show up, he'll likely be subpoenaed, if he refuses that he'll end up in jail. He doesn't have the power of the presidency to hide behind anymore.
might want to read the 5th amendment in its entirety on that one.
No power of the presidency needed.
maybe thats why they "asked"?
I know someone can plead the 5th, but can they be compelled to testify?
Technically, I would expect the answer is no, but in an impeachment trial, the only real rules are the ones the Senate makes up, so who knows?. People have certainly invoked their 5th Amendment rights when testifying before each house of Congress, so it's not unprecedented.
An impeachment trial is not a criminal proceeding. The text of the 5th amendment specifically applies to criminal cases, but has been held to apply in civil cases as well. However, in a criminal proceeding, the jury is not allowed to draw any inferences from a defendant's refusal to testify. That protection is not in place for civil proceedings.
that depends on how one defines compelled i think in my understanding.
way i understand it , one can plead the 5th and wont have to testify against themselves , there is a very big BUT, if they plead the 5th , they cannot be made to answer questions , any questions , the but is , if a question is asked and they answer , the 5ths protections go out the window , they cannot pick and choose which questions they will or will not answer.
i can see someone invoking the 5th , and then the questioner asks such an outlandish or innoculous question that it invokes an answer , bingo , the protection of the 5th is gone simply because one question was answered .
sample: q: so have you stopped beating your wife?
proper answer if the 5th has been taken : I plead/envoke the fifth. no more questions as long as that is the answer to questions, they can be asked but you wont get another answer that says anything
improper answer that removes the fifth: I have never beat my wife. more questions can be asked about anything.
Trump should refuse their invite and stay far away and silent. Let the House put on its case.
I think he should just ignore it. Go on vacation. Unless he actually wants to run for president again, it won't effect him.
Democrats should keep provoking Trump’s ego. It’s proven to chasm an already wide open mouth in the past.
Does it pertain? This is not a criminal trial.
There is no precedent for Congress compelling a President or former President to testify at his own trial.
Democrats shouldn't count on Trump accepting their invitation.
I don't think they can force him to testify.
The Senate has the right to subpoena him if they chose.
didn't say the Senate couldn't.
what I stated, rather plainly, was there is no precedent compelling him to testify.
On what basis?
Maybe not testify, but he'd have to show and plead the 5th. The Teapot Dome scandal and the subsequent Supreme Court ruling in McGrain v. Daugherty cover contempt of congress. It's a fascinating read.
perhaps.
we will soon see!
Again, I don't think they'll do it.
And if he did that, the loon left in Congress and throughout the country, including on this site, would be screaming that he must be guilty if something and he is trying to hide it.
Oh, I don't think it would just be the "loon left" in Congress. I'm almost positive that I would post a quote from the Bid D himself proclaiming those who do are guilty.
I doubt his lawyers would let him appear.
Lindsey Graham warned them - if they call even one witness, the Republicans will begin calling them in droves and Susan Rice can forget about getting anything else done.
Another hollow threat from a weak Trump sycophant.
So you support creating gridlock as a form of revenge?
of course he does
This is the Democrats' shit show.
They wanted it, now they will get exactly what they deserved- a three ring circus with never ending witnesses. Wonder how long it will take the media to get sick of it and move on to something else? That would depress the despotic Dems even more.
It's called partisan politics. The Dems have created a very fine mess for themselves
America doesn't negotiate with terrorists, foreign or domestic.
[deleted]
sure we do.
how else could Obama got his coveted pact with Iran?
Lol we know they won't because he is a pathological liar and apparently even some of his supporters know it. Why they still support I have absolutely no idea, but there it is.
If Lyndsey Graham doesn't cooperate they can just subpoena his browser history.
No they can't.
He could appear, but take the 5th over and over. Not that that's a good look.
His lawyers just said he won't appear. It's up to the democrats to prove their accusations. The accused do not have to do the disproving. Nancy & co need a lesson in common law.
Trumps lawyers are retiring (and being convicted) in droves.
Somebody might want to get Wonder Woman's lasso because that SOB can't tell the truth.
OR
they could hook him up to a polygraph that gives a shock every time he lies
That might kill him! Wait . . . .
Why would anybody - on either side - want this?
Ok...that's not the entertainment I was talking about. I want to see trmp sweating, blithering, coughing, and just down right making a fool of himself in front of Congress
I'm a few steps beyond that ...
He was asking why anyone would want this...
Because trump is responsible for that cops death and he should be held accountable.
Damn Skippy he is! I want to see that man so uncomfortable he wets himself
I bet his Depends were damp after this
He shouldn't have tried to reach for his leash. That's why the eagle lunged at him.
And you think it will help to listen to more of Trump?
LOL!
Yeah...but he'll be sweating and wetting his pants
The bald eagle. Symbol of our country and impeccable judge of character.
Damp? Try soaked. (grin)
And the Eagle did a great job in showing Trump whose boss.
I think you are attributing qualities to him - like shame or guilt - that he does not have.
Here's what will really happen (assuming he doesn't take the 5th): Someone will ask him a question, and then Donald Trump will rant like only Donald Trump can - for two fuckin hours.
2 hours, minimum
By the end of the day, at least half a dozen senators will have jammed a pencil into their own ears just to escape the insanity.
love the imagery.
You're right. What was I thinking?
giggle...giggle...snort...snort
As long as the Chiefs win the Super Bowl, I"m cool with my cancer.
Not gonna happen.
Because trump is responsible for that cops death and he should be held accountable.
He wasn't and he won't be
He declined the invitation
Entertainment, Tacos! Sling finally got DVR and I can't wait!
Lol, such an obvious trap. Everyone knows Trump is incapable of telling the truth, hell his own legal team wouldn't let him actually talk to Mueller because they knew is physically/mentally unable to be honest about anything.
Lol, such an obvious trap. Everyone knows Trump is incapable of telling the truth, hell his own legal team wouldn't let him actually talk to Mueller because they knew is physically/mentally unable to be honest about anything.
He'll be testifying under 'plenty of perjury'