Tell that to Scalia, Thomas and Alito.
You do realize that you are in agreement with Breyer, Sotomayor, Kagan and Ginsberg?
Now, where in the text of the Fifth Amendment does it say that the judge could not allow the jury to hear about his callous silence as an indicator of his state of mind at the time of the accident?
Sure that wasn’t “thunderous” silence, or “guilty” silence, or “prevaricating” silence that was miraculously transformed into undeniable stone cold evidence. Is there a legal guide that defines silence evidence that the defendant can refer to?