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The Fifth Amendment tables could turn on Trump
MSNBC ^ | Aug 12, 2022 | Jessica Levinson

Posted on 08/13/2022 2:40:54 PM PDT by where's_the_Outrage?

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To: where's_the_Outrage?

Since it’s a New York City jury they can save time by not bothering to present evidence. They can just submit a guilty verdict at the start.


41 posted on 08/13/2022 3:13:02 PM PDT by McGavin999 (To shut down the border tell the administration the cartel is smuggling Ivermectin )
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To: where's_the_Outrage?

I am old enough to remember when articles like this had a barf alert!


42 posted on 08/13/2022 3:15:14 PM PDT by aMorePerfectUnion (Fraud vitiates everything. )
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To: Cobra64

They aren’t, those are distraction words


43 posted on 08/13/2022 3:15:34 PM PDT by madison10
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To: where's_the_Outrage?

“The jury could be allowed to consider whether Trump asserted his right against self-incrimination because he has something to hide.”

Whatever happened to “Presumption of innocence till proven guilty??

The author is implying that the jury can, without cause, presume guilt for simply asserting a right?

But if it were a leftist or Democrat taking the 5th... they are cheered for asserting their constitutional protected right and must be celebrated for the courage to exercise their rights in the face of a tyrannical justice system!


44 posted on 08/13/2022 3:15:58 PM PDT by Bellagio
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To: TexasGurl24

I missed where the author/speaker said it was civil. I assumed the NY AG was aiming at criminal charges of some type.


45 posted on 08/13/2022 3:18:58 PM PDT by Valpal1 (Not even the police are safe from the police!!!)
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To: TexasGurl24

I am also quite sure that Ms. Levinson expects 90% of her readers to note that also. The purpose of her article is not to inform, but to bang the drum.


46 posted on 08/13/2022 3:21:05 PM PDT by Valpal1 (Not even the police are safe from the police!!!)
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To: All

.
.
Citing a statute might apply to Joe the Plumber, however Trump can easily demonstrate to a 10 ye old that this DA, from the other opposition party, ran on - I’m going to get Donald Trump.

So, now, anyone with a half a brain should plead the fifth, and it’s not a typical situation, it’s not volunteering when this individual with the power of has publicly promised to get you.

Pursuing one individual, or creating laws and situations to get that individual goes against the foundation of entire justice system.


47 posted on 08/13/2022 3:21:38 PM PDT by AnthonySoprano (Lindsey Graham: How can anyone be Mad at Joe Biden)
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To: where's_the_Outrage?
Gotta read the article all the way to the end to find this gem:

We do not know if the New York AG will file a federal civil case against Trump or the Trump Organization for financial wrongdoing. His decision to stay silent, which is his right, may prevent James from obtaining the evidence she needs to move forward.

48 posted on 08/13/2022 3:26:11 PM PDT by Yo-Yo (Is the /Sarc tag really necessary? Pray for President Biden: Psalm 109:8)
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To: TheConservator

I believe that the judge would not allow the prosecutor to suggest to the jury that they should draw that inference.


49 posted on 08/13/2022 3:26:39 PM PDT by maro (MAGA!)
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To: where's_the_Outrage?

This is a civil case, not a criminal case. Basically Trump is challenging the state to get their info via other sources.


50 posted on 08/13/2022 3:31:21 PM PDT by lurk (u)
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To: All

https://mobile.twitter.com/DonaldJTrumpJr/status/1395043343248281600

Hear ye, here ye. This AG publicly stated Trump colluded with Russia!

And said she was going to get him!

.


51 posted on 08/13/2022 3:34:19 PM PDT by AnthonySoprano (Lindsey Graham: How can anyone be Mad at Joe Biden)
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To: lurk

.
But Civil cases don’t have Prosecutors that have said years earlier they were going to get an Individual - and made public statements accusing that Individual of being a foreign asset, as in Treason, which is punishable by Death.

Claiming the Fifth here against a malicious prosecution.

.


52 posted on 08/13/2022 3:36:59 PM PDT by AnthonySoprano (Lindsey Graham: How can anyone be Mad at Joe Biden)
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To: TexasGurl24
I would point out that Trump asserted his Fifth Amendment rights in a civil deposition where a STATE PROSECUTOR was asking the questions.

In some situations it really doesn’t matter if a lawsuit is a civil or criminal case. If the GOVERNMENT is one of the parties in the case, it would be hard to convince jurors that asserting a Fifth Amendment defense is unreasonable.

53 posted on 08/13/2022 3:46:04 PM PDT by Alberta's Child ("It's midnight in Manhattan. This is no time to get cute; it's a mad dog's promenade.")
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To: where's_the_Outrage?

MSNBC is part of the Traitormedia.


54 posted on 08/13/2022 3:47:05 PM PDT by Carl Vehse (A proud member of the LGBFJB community)
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To: where's_the_Outrage?

President Trump had a standing order that all classified papers he took to his residence were declassified.


55 posted on 08/13/2022 3:54:47 PM PDT by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne )
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To: where's_the_Outrage?

He is. My basic understanding is that the jury is usually instructed that a defendant pleading the 5th amendment is NOT TO BE HELD AGAINST THEM.


56 posted on 08/13/2022 4:02:59 PM PDT by lastchance (Credo.)
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To: where's_the_Outrage?

Jessica, you don’t know a damn thing about the law. That much is obvious. No, the jury may not consider any defendant’s assertion of their 5th amendment right as evidence or even inference of guilt. No, opposing counsel may not even make that argument. This is well established in the law.


57 posted on 08/13/2022 4:07:13 PM PDT by FLT-bird
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To: E. Pluribus Unum

The difference is the case you cite is criminal. The case in NY would be civil if it’s held.

A jury can’t mark and inference because a defendant pleads the 5th in a criminal case. They can in a civil case.


58 posted on 08/13/2022 4:18:24 PM PDT by CrazyCatChick (DEATH POKE!)
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To: where's_the_Outrage?

We’re getting way to much of MSNBC ‘s junk articles.....like CNN....taking up too much space here. It’s like spewing the left’s propaganda....


59 posted on 08/13/2022 4:32:21 PM PDT by caww (O death, when you seized my Lord, you lost your grip on me......Augustine)
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To: Bertha Fanation

Why do people keep talking about judges and the rule of law? Simple. They are godless heathens that enjoy lording it over on all of their supposed inferiors.


60 posted on 08/13/2022 4:38:13 PM PDT by Machavelli (True God)
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