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To: djf

You don’t understand Miller to have quoted it here. To use the 5th means a person cannot be found guilty but there is nothing that says exercising the 5th can’t lead to an investigation.


422 posted on 05/21/2013 8:56:24 PM PDT by CodeToad (Liberals are bloodsucking ticks. We need to light the matchstick to burn them off. -786 +969)
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To: CodeToad
To use the 5th means a person cannot be found guilty

Huh?

Pleading the 5th means refusing to testify on the grounds that it may be incriminating. No one can be compelled to testify against themselves.

It has nothing to do with immunity from a guilty verdict. I've often thought it's more likely to provoke further investigation than well-counseled testimony, myself.

424 posted on 05/21/2013 9:07:09 PM PDT by RegulatorCountry
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To: CodeToad

You must be pretty damn smart to be able to tell me what I do or don’t understand.

Of course I understand Miller. I have it here on my hard drive, and can post it for you if you haven’t read it lately.

And you are correct that this MIGHT trigger a bigger investigation, but you said “Special Prosecutor”, and that’s not about an investigation, that’s about an indictment.

If a criminal trial was underway, and the defendent (or, in fact anyone associated with the proceedings) took the fifth, it would be an APPEALABLE ERROR if the Judge did not make it clear to the jury that taking the fifth CANNOT be the basis for a presumption of guilt.


436 posted on 05/21/2013 11:21:50 PM PDT by djf (Rich widows: My Bitcoin address is... 1ETDmR4GDjwmc9rUEQnfB1gAnk6WLmd3n6)
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