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 ...
They can use the Hillary method:,”I can’t recall.”
Aha......govt collusion against we, the people, rears its ugly head.......
“a Sunday night court filing by Bidens federal prosecutors includes secret witness interviews by l/e (FBI?) and internal communications between House committee staff members”........
We, the people got a dog in this hunt. Let’s use it.
Bidens DOJ facetiously claims the requested material is harmful, were it “exposed” to the “public”..........
The public.......that’s we, the people.
Another huge clue that Biding, Piglosi and Schi! are colluding against “the government.”
The government. .......that’s we, the people.
Exactly..Need to get rid of the rino old guard ,first
The Committee likely can compel testimony — but the price would be a bar to later prosecution based on the transactions one testifies about. Claiming the Fifth in this context is a way of assuring that one will not be vexed by spurious criminal charges.
Well stated
The Republicans haven’t learned yet only Democrats can flout the law, any judge’s ruling or even the Constitution.
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.”
Defending Trump wasn’t a priority for many Congressional Republicans, they had other priorities.
Senate Republicans were busy investigating Russian interference in the 2016 election. They wanted in on the anti Trump stuff as much as the Democrats.
Those reports from the Senate Intelligence Committee, are still “out there” and they’re every bit as stupid as the Mueller Report.
This whole thing is a kangaroo court. The public is not buying it.
John Eastman replied to the subpoena by saying he cannot testify as it violates atty-client privilege under the terms of his law license in Calif— to reveal the communication would put him in violation and Calif Bar would remove his lic. to practice. Simple as that, and they will NEVER get his testimony on anything.
Secondly attorney John(?) Clarke replied to the subpoena with invoking his 5th Amendment right not to incriminate himself- a Constitutionally protected RIGHT. To which the moron chair of this “commission” Benny Thompson (D-MS) a really stupid inarticulate lying apparatchik— replied “If he invokes the 5th Amendment then he is GUILTY!” The very statement of his— should remove him from Congressional office violating his Oath and violating well established law. Any court they would push this to would toss it- unless it was Emmett Sullivan or the DOJ working for Merrick Commie Garland.
Nothing of which in the article is correct legally. Total utter bullcrap. Jeffrey Clark can not show up to testify, period— it is not conditional on the line by line clever questions this kangaroo clown show would ask. He does NOT have to show up. Period.
It does not matter who testifies or who does not.
The hearings are fake, in the sense that the outcome - impeachment of Donald Trump with a request to the Senate that he be disqualified from future office is inevitable.
No, it does not. Precedents on this trying to be applied are voluminous, and all of them failed. Remember, WAPO works for the Clowns In Action (three letter derp state, as the official narrative leakers for them, WAPO. NYslimes works for Effin bee eye leakers/story planters).
The law is rigged, HIGHLY rigged.
The 5th amendment has subject matter limitation, and judge will find the privilege against self-incrimination waived if witness utters a peep on the subject.
C'mon, man!
They were in on it, big time.
The GOP leadership threatened the newly elected President with removal as early of May 2017 if he fired Mueller.
What was that about, if not collusion with the supposed "opposition"?
They had majorities in both Houses. There was ABSOLUTELY NO REASON to go along with an "investigation" of RussiaRussiaRussia in May 2017. None.
And yet they did it.
Thumbsucking cowardice is not a sufficient explanation. You are being much too nice to them.
Defund the FBI.
Defund the DOJ.
REALLY? Ask Hillary. Claim “I do not recall, or what difference at this point does it make. Worked for her.
Hillary Criminal was given a public hearing. This kangaroo court is mostly behind closed doors so that Democrats and fellow travelling Republicans can leak whatever they want.
. 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.
This is what happens when you don’t have a political party substantively opposing the Marxist take over of our country.
All those innocent people bankrupted by lawyer fees all because that bitch Hillary refused to take responsibility for losing, absolutely disgusting.
The GOP knew in 2017 that “Russia” was a Democrat a hoax. Gowdy has basically admitted it on Fox news. The GOP used the Russia hoax to hamstring POTUS and the MAGA agenda that is hated by their donors. Sadly, the GOP couldn’t have cared less that lives were ruined in the Get Trump collateral damage.
That was the evil elf Paul Ryan. Without his support the committees were hamstrung.
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