Posted on Feb 2, 2023
Trump's Fifth Amendment plea could actually be used against him in court — here's how
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But while Trump might have protected himself from self-incrimination, that doesn't mean that taking the Fifth couldn't do him any legal harm, wrote Jordan Rubin for MSNBC on Wednesday. Specifically, he said, in civil cases, juries are allowed to infer liability from taking the Fifth — which is what Trump is facing.
"Why can invoking the Fifth Amendment be used against someone in a civil case but not in a criminal case?" said Rubin. "First, let’s look at the text of the amendment itself, which states that a person can’t be 'compelled in any criminal case to be a witness against himself.' And in 1976, the Supreme Court observed that in criminal cases, 'the stakes are higher and the State’s sole interest is to convict.' In that same case, the justices noted 'the prevailing rule that 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.'"
"Why can invoking the Fifth Amendment be used against someone in a civil case but not in a criminal case?" said Rubin. "First, let’s look at the text of the amendment itself, which states that a person can’t be 'compelled in any criminal case to be a witness against himself.' And in 1976, the Supreme Court observed that in criminal cases, 'the stakes are higher and the State’s sole interest is to convict.' In that same case, the justices noted 'the prevailing rule that 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.'"
Trump's Fifth Amendment plea could actually be used against him in court — here's how
Posted from rawstory.com
Donald Trump
Law
Lawsuit
Supreme Court
Posted >1 y ago
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Lt Col Scott Shuttleworth
Posted 1 h ago
BUT BUT BUT ORANGE MAN BAD...same old same old!
--- Scott he is bad. I don't know why you worship him but he's a despicable human being. That's been proven time and time again. But I suppose you're part of the cult that he, as he said, could shoot someone in Times Square in front of witnesses and you'd still defend him. Smh.
Posted 1 h ago
BUT BUT BUT ORANGE MAN BAD...same old same old!
--- Scott he is bad. I don't know why you worship him but he's a despicable human being. That's been proven time and time again. But I suppose you're part of the cult that he, as he said, could shoot someone in Times Square in front of witnesses and you'd still defend him. Smh.
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PO1 William "Chip" Nagel
..."So while everyone has the right to invoke constitutional protections against self-incrimination in criminal cases, Trump shouldn’t expect those protections when he faces a civil jury this fall," concluded Rubin. "Though, of course, he also faces several criminal probes in which, as the Supreme Court put it, 'the stakes are higher.'"
James' fraud suit against Trump and his family seeks $250 million in damages from unlawful proceeds that violated state and local laws, and also seeks to ban him from doing business in New York.
Trump initially responded with a countersuit that attempts to shield his revocable trust from James, but later dropped that litigation after a federal judge warned that it was frivolous."
..."So while everyone has the right to invoke constitutional protections against self-incrimination in criminal cases, Trump shouldn’t expect those protections when he faces a civil jury this fall," concluded Rubin. "Though, of course, he also faces several criminal probes in which, as the Supreme Court put it, 'the stakes are higher.'"
James' fraud suit against Trump and his family seeks $250 million in damages from unlawful proceeds that violated state and local laws, and also seeks to ban him from doing business in New York.
Trump initially responded with a countersuit that attempts to shield his revocable trust from James, but later dropped that litigation after a federal judge warned that it was frivolous."
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