Posted on 08/11/2022 2:51:07 AM PDT by gattaca
A former federal prosecutor triggered bipartisan backlash on Wednesday for suggesting that invoking Fifth Amendment rights implies guilt.
What is the background? On Wednesday, former President Donald Trump invoked his constitutional rights against self-incrimination, declining to answer questions at a deposition for New York Attorney General Letitia James (D).
Trump announced he invoked his Fifth Amendment rights after arriving to the deposition. The statement explained:
I once asked, "If you’re innocent, why are you taking the Fifth Amendment?" Now I know the answer to that question. When your family, your company, and all the people in your orbit have become the targets of an unfounded politically motivated Witch Hunt supported by lawyers, prosecutors and the Fake News Media, you have no choice. For more than three years, James has been probing Trump's business practices as part of a civil investigation.
What did the prosecutor say? Daniel Goldman, who served as an assistant U.S. attorney in the southern district of New York for 10 years, suggested Trump is relaying guilt because he invoked his constitutionally protected rights.
"The Fifth Amendment ensures that people are not forced to incriminate themselves. But you don’t take the Fifth if you didn’t do anything wrong," Goldman said on Twitter.
Goldman is no stranger to Trump.
The former federal prosecutor, who is now running for Congress as a Democrat, served as lead counsel in both impeachment cases against Trump.
Don't miss out on content from Dave Rubin free of big tech censorship. Listen to The Rubin Report now. What was the response? New York attorney Eliza Orlins said Goldman's remarks demonstrate "why we don’t trust prosecutors."
"They lie through their teeth, and they don't operate in the best interests of the people (you and me!) they're alleging to represent," Orlins said. "There is *nothing* incriminating about taking the Fifth. It’s a right that every American—yes, including terrible former presidents—has. And should use!"
Former Assistant Attorney General Jeff Clark, who served in the Trump administration, called Goldman's remarks a "disgraceful position."
"Contrary to Constitution. Contrary to Supreme Court 5th Amend. jurisprudence. An indication that any oaths you took while in the fed'l gov't were a farce," Clark said. "No way you'd be saying this if it were the Clintons or Bidens."
Law reporter Chris Geidner, himself a lawyer, said Goldman's remarks prove why America needs fewer prosecutors in power.
"For the record, s*** like this is why I talk so much about needing more former public defenders — and fewer former prosecutors — on the bench," Geidner tweeted.
Meanwhile, Institute for Justices senior attorney Paul Sherman accused Goldman of lying to score political points.
"Mr Goldman is a Stanford-trained former federal prosecutor and he knows with 100% certainty that this is not true. He’s comfortable lying about it because he’s running for office, and we’ve convinced ourselves that lying is okay if it secures power for your team," Sherman said.
It’s anarchy now. No 5th. No 4th No 1st. No 2nd, nearly. Soon we’ll be quartering FBI and soldiers.
The Marxists have shredded and abandoned the Constitutions of the Republic.
You couldn’t make this comical sh!t up.
I understand that a lawyer cannot knowingly misrepresent anything in court. But we all know that lawyers are paid to be “artful”. I’m saying that being “artful” ought to be a crime. Which is a bit subjective, but it should still be a constant worry for any lawyer.
I think of the Clintons and the people representing the Clintons. Sex isn’t sex. Is isn’t Is. There are a thousand ways that lawyers lie in court without lying in court. It’s the game they all play.
To be concrete: A lawyer should represent a murderer as best they can. But the lawyer’s first word to his client should be: “If you confess to me, I am obligated to tell the court.” That is not how it’s currently done, but I think it should be. All lawyers should serve justice and not their client or the government. Find the truth, say the truth. That isn’t currently their job description. Which is why they lie all the time.
Goldman and Shifty Shiff.....
That exactly who he is. I’m surprised that he’s not already in the Brandon Administration.
Trump invoked the 5th to avoid a trumped up charge of perjury and trial before a kangaroo court. Just as Roger Stone and Scooter Libby should have done.
“If you’re innocent, why are you taking the Fifth Amendment?”
Used be everyone of these pukes but this is different.(sarc)
I'm all for that, as long as we can include the DOJ and draw them first.
(Just kidding folks, just kidding)
"Republicans across the country are scheming to disenfranchise voters and find backdoor ways to overturn the will of the people in the next presidential election. This is a five-alarm fire that too many Democrats in Washington are treating as a tiny, distant flame. Donald Trump and the Republican party he controls are not only trying to take away our rights but are tearing down the foundations of democracy itself. We need new voices in Congress with the strength, experience, and courage to stop them." —Daniel Goldman
My Client Confessed Privately: What Should I Do?
As conservatives, we have (or should have) a visceral distrust of government - and as we're seeing now, for very good reason. We need to have in place a mechanism that forces the government to make its case. The Constitution does a very good job of providing that mechanism.
Small excerpt:
As your client’s attorney, you are under no legal obligation to share his admission of guilt with anyone else. You are still bound by attorney-client privilege and must maintain the character of this respected tradition.
That's the current situation. As I understand it, a lawyer can get in trouble for deviating from this.
I think we need to change those rules and expectations and need to go in the opposite direction: I wish lawyers were obligated to relay such information directly to the judge. Currently that is not the case.
I wish lawyers were required to serve justice but unfortunately, they serve their client.
P4L
THIS is the problem
Members of the BAR are officers of the court and cannot occupy a seat in any extrajudicial agency without violating the separation of powers.
IIRC, before the War Between the States, there was a Constitutional amendment proposed that would have denied members of the bar positions in extrajudicial governmental situations.
Damned energy efficient houses nowadays don’t let the natural gas slip out to a safe level anymore 😜
Neither is Mr. Trump......yet.
This invocation of the 5th was about a deposition, not a session on the stand.
What did the prosecutor say? Daniel Goldman, who served as an assistant U.S. attorney in the southern district of New York for 10 years, suggested Trump is relaying guilt because he invoked his constitutionally protected rights.
And he is right. This is a civil case, not criminal. Different ballgame. You can infer guilt when someone takes the fifth.
You cannot impugn a votive when the fifth is invoked.by
Yes you can in a civil case.
Either that, or you do a “Hillary Clinton” playing-dumb routine and answer that you don’t remember or you don’t recall.
5th amendment bypass............. I don’t recall, I’m being confused with someone else, I wasn’t informed, I have no knowledge of it, I was baking cookies with my daughters, and the missing documents were only correspondence with my chiropractor.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.