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To: Sean_Anthony

But, but, but I thought Hillary said it was a good thing that her peoples were testifying...


3 posted on 06/23/2016 10:35:36 AM PDT by Cowgirl of Justice
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To: Cowgirl of Justice

He ain’t talking? Isn’t that what the immunity is about? Sounds like he’s getting away with something.


5 posted on 06/23/2016 10:48:56 AM PDT by DIRTYSECRET (urope. Why do they put up with this.)
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To: Cowgirl of Justice
I had heard that if you were going to claim your rights under the 5th amendment, that you have to exercise those rights for every question, and that if you answered any question, you then automatically waived your rights.

Unless you are a poo bah in the IRS.

http://criminal.findlaw.com/criminal-rights/fifth-amendment-right-against-self-incrimination.html

Testifying in a Legal Proceeding
At trial, the Fifth Amendment gives a criminal defendant the right not to testify. This means that the prosecutor, the judge, and even the defendant’s own lawyer cannot force the defendant to take the witness stand against his or her will. However, a defendant who does choose to testify cannot choose to answer some questions but not others. Once the defendant takes the witness stand, this particular Fifth Amendment right is considered waived throughout the trial.

When a defendant pleads the Fifth, jurors are not permitted to take the refusal to testify into consideration when deciding whether a defendant is guilty. In the 2001 case Ohio v. Reiner, the U.S. Supreme Court held that “a witness may have a reasonable fear of prosecution and yet be innocent of any wrongdoing. The [Fifth Amendment right against self-incrimination] serves to protect the innocent who otherwise might be ensnared by ambiguous circumstances.” This case beefed up an earlier ruling that prosecutors can’t ask a jury to draw an inference of guilt from a defendant’s refusal to testify in his own defense.

Defendants may assert their Fifth Amendment rights during civil trials, too, if testimony would open them up to criminal charges. But they do not enjoy the same protections against jury bias with respect to liability. This means that a jury is free to make inferences when a defendant chooses not to testify in a civil trial for fear of self-incrimination. Civil defendants often claim ignorance (“I don’t recall”) instead of pleading the Fifth in such situations.

7 posted on 06/23/2016 10:51:44 AM PDT by garyb
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