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Opinions | Trump’s lawyers are pleading the Fifth. Congress can still make them talk.
Washington Post ^ | Nov 3, 2021 | Norman Eisen, E. Danya Perry, Joshua Perry

Posted on 12/04/2021 4:20:44 AM PST by where's_the_Outrage?

It’s rare when lawyers — as opposed to their clients — take the Fifth Amendment. But Jeffrey Clark, the former Justice Department lawyer who reportedly tried to help Donald Trump overturn the 2020 presidential election, is now claiming the privilege against self-incrimination to avoid testifying before the House committee investigating the Jan. 6 attack on the Capitol. He has just been joined in that posture by one of Trump’s main outside legal advisers, John Eastman.

Their fear of incrimination could well be justified: There can be serious state and federal criminal consequences for trying to fraudulently interfere with an election. But merely invoking the Fifth isn’t a blanket protection against every form of accountability. The committee has options to test manipulative assertions of privilege.....

But the Fifth Amendment protects against self-incrimination — not against public condemnation. .....

The committee is entitled to probe the validity of Clark’s latest excuse. He may have waived the Fifth by failing to assert it the first time he refused to testify. .....

Taking the Fifth doesn’t absolve Clark from the requirement to show up and reply to questions. He can invoke his rights against self-incrimination on a carefully considered, question-by-question basis — but it’ll be another sign of bad faith if he simply refuses to talk at all.....

Finally, even if Clark does have a valid Fifth Amendment privilege, federal law allows the committee to seek a judicial ruling immunizing him for his testimony. That would overcome the Fifth Amendment privilege and force Clark to answer the committee’s questions without fear of self-incrimination.

(Excerpt) Read more at msn.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; Politics/Elections; US: District of Columbia
KEYWORDS: 5th; 5thamendment; congress; districtofcolumbia; edanyaperry; fifthamendment; jan6; jeffbezos; jeffreyclark; johneastman; joshuaperry; lawfare; mediawingofthednc; newspuppetsonarope; normaneisen; partisanmediashill; partisanmediashills; policestate; washingsnotpest; washingtoncompost; washingtonpost
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The link is to MSN so there are no Compost firewall or signup requirements.

" public condemnation." " bad faith "

The committee is already proven to be a kangaroo court, and the public condemnation and bad faith have already happened.

In addition, IMHO there is no testifying limit on the 5th, it can be invoked anytime.

1 posted on 12/04/2021 4:20:44 AM PST by where's_the_Outrage?
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To: where's_the_Outrage?

Norman Eisen, E. Danya Perry, Joshua Perry

It takes 3 idiots to write this drivel from mommy’s basement.


2 posted on 12/04/2021 4:24:07 AM PST by VRW Conspirator (Socialism should more accurately be called Sociopathism)
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To: where's_the_Outrage?

No point, tell them on world TV what they are, vile userpers of the constitution, enemies of the people and God, destroyers of the earth.
Tell em to let’s go brandon

https://rumble.com/vp7lhv-lets-go-brandon.html

Here is my outrage
https://rumble.com/vpl7jb-only-one-brain-cell-left.html


3 posted on 12/04/2021 4:26:21 AM PST by aces (and )
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To: where's_the_Outrage?

Use the Hillary defense.
“I can’t recall…I can’t recall…I can’t recall…”


4 posted on 12/04/2021 4:26:51 AM PST by ZOOKER (Until further notice the /s is implied...)
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To: where's_the_Outrage?
serious state and federal criminal consequences for trying to fraudulently interfere with an election

Let me know when all the cheating the Libs did gets them hauled into court.......

5 posted on 12/04/2021 4:28:29 AM PST by Lockbox (politicians, they all seemed like game show hosts to me.... Sting)
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To: where's_the_Outrage?

“even if Clark does have a valid Fifth Amendment privilege,”

So now the 5th needs to be validated.


6 posted on 12/04/2021 4:29:12 AM PST by dgbrown
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To: where's_the_Outrage?

When repubs regain power they had better throw Pelosi and the rest of them in the same jail they are holding the Jan 6 political prisoners in for 11 months THE DAY THEY TAKE OVER. Do unto others as they have done unto you. STOP being nice.


7 posted on 12/04/2021 4:30:19 AM PST by Singermom
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To: where's_the_Outrage?

Funny how the democrats all yell attorney client privilege and fifth amendment all the time.

Anybody remember when the took all of Cohens files or raided Giuliani house? Oh, how about the raiding project Veritas. How all that was leaked to the New York Times, and made up when it wasn’t true(Trumps Taxes)

Why hasn’t all of Perkins Coie law firm and it’s various papers and clients been raided by the DOJ? I mean they have a senior partner making up evidence and colluding with the Russians, along with the DNC and the Clintons! They have also represented Obama! With illegal activity shouldn’t they be raided and forced to testify, with records made public?

Oh…Silly me…. I forgot that since the last illegal ballot stuffing event, secondary to a released virus from China, funded by the US government, we no longer have a Constitutional republic.


8 posted on 12/04/2021 4:31:02 AM PST by Pete Dovgan
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To: where's_the_Outrage?

Best way to avoid a fishing attempt is to not take the bait.


9 posted on 12/04/2021 4:33:54 AM PST by dblshot
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To: where's_the_Outrage?

The Washington ComPost.

Bla Bla Bla


10 posted on 12/04/2021 4:34:11 AM PST by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: All

There can be serious state and federal criminal consequences for trying to fraudulently interfere with an election.


Yeah, sure........but only if you d-a-r-e point it out.

Sainted Democrats who “interfered with the election” are protected from those “silly old laws.”


11 posted on 12/04/2021 4:34:56 AM PST by Liz (Our side has 8 trillion bullets; the other side doesn't know which bathroom to use. )
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To: where's_the_Outrage?

“Their fear of incrimination could well be justified: There can be serious state and federal criminal consequences for trying to fraudulently interfere with an election.”

Or maybe they just don’t want to testify before a fraudulent committee. Why should they allow themselves to be coerced into participating in a witch-hunt?


12 posted on 12/04/2021 4:35:51 AM PST by throwthebumsout
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To: where's_the_Outrage?

REALLY? Ask Hillary. Claim “I do not recall, or what difference at this point does it make. Worked for her.


13 posted on 12/04/2021 4:41:48 AM PST by Singermom
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To: Singermom

And in 2025 - when Biden is out of office, he should be impeached based on the precedent the Democrats created with Trump. Subpoena him for public testimony. I have this vision of Biden drooling on the microphone, seated in a wheelchair.


14 posted on 12/04/2021 4:41:56 AM PST by Wally_Kalbacken
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To: where's_the_Outrage?

REALLY? Ask Hillary. Claim “I do not recall, or what difference at this point does it make. Worked for her.


15 posted on 12/04/2021 4:42:15 AM PST by Singermom
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To: throwthebumsout
Or maybe they just don’t want to testify before a fraudulent committee.

Which is exactly Eastman's argument. His attorney spells it out in a letter to the committee ( you can see it at the bottom of the page ):

National Pulse

16 posted on 12/04/2021 4:49:12 AM PST by TheCipher (I am a proud member of the LGBT (Let's Go Brandon Trolls ) community)
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To: Singermom

Tell me about it, I am absolutely sick and tired of Republicans and their wimpy bullcrap. Even when they had TOTAL majority in 2017, the White house, the Senate, the House, Democrats STILL stomped all over them holding that fake ass Russia collusion hoax investigation and Republicans ran to their safe spaces sucking their thumbs, absolutely pathetic as hell. ALL they had to do was hold investigations themselves and that Russia collusion crap would have ended in two seconds but they wouldn’t do it. All those innocent people bankrupted by lawyer fees all because that bitch Hillary refused to take responsibility for losing, absolutely disgusting.


17 posted on 12/04/2021 4:51:39 AM PST by GrandJediMasterYoda (As long as Hillary Clinton remains free, the USA will never have equal justice under the law)
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To: GrandJediMasterYoda

Yep, life in many ways is a bitch. Enjoy the few years we
each have and make the most of it.


18 posted on 12/04/2021 4:56:11 AM PST by deport
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To: ZOOKER

Forget the beast, how about Lois Lerner?!


19 posted on 12/04/2021 4:57:16 AM PST by GMThrust
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To: All

Meet the Technology That’s Uncovering 2020’s Voter Fraud
Townhall.com ^ | November 29, 2021 | Jay Valentine
Posted on 11/29/2021, 6:15:43 AM by Kaslin

The search for phantom voters is over. Phantom voters are sitting next to you at the restaurant or standing next to you at the bank. They are your friend and neighbor. You may be a phantom and not know it.

Phantom voters, the definition, is morphing from fake voters hiding in UPS boxes to people who advanced computer models predict will not vote.

SYNOPSIS. Leftists/Progs/Dems really care that every vote is cast, and if you don’t cast your vote, they’ll do it for you.

FTA——You’ve heard the stories, denied by the mainstream press and almost every secretary of state: there is no significant voter fraud. Why do they say that? B/c there was no way to check.......until now.

Reporting of 2020 election results “mysteriously” stopped in the middle of the night.
<><>vote trajectories “magically” changed when they restarted,
<><>thousands of people, just like you, didn’t buy it.

They formed armies of canvassers in 35 or more states. They did something that has not been done at scale in the history of the country: they started checking voter rolls.

They filed Freedom of Information Act (FOIA) requests at unprecedented levels.

Those who oversee elections, Secretary of state offices, once a murky sinecure, had to answer real questions about what was going on.


20 posted on 12/04/2021 4:58:36 AM PST by Liz (Our side has 8 trillion bullets; the other side doesn't know which bathroom to use. )
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