A legal opinion needed from our learned lawyers....

NOVA said:
Obviously, if you think your testimony could lead to accusations of a crime, you must have a fear that you did or might have done something illegal, just like I
responded........there was no ad hom at all.....

you must have a fear that you did or might have done something illegal, to think your testimony could lead to accusations of a crime....common sense.

use you fuckin' head for a change instead of flying off the handle....
Click to expand...

It was textbook ad hom.

Again, no dumbass, you could be concerned that they will use your testimony to accuse you of a crime, civil infraction or civil wrong. It does not follow that you must have done something illegal.
 
The fifth does not protect one from civil liability.

To plead the fifth you have to have have a rational belief that what you are being asked to testify about, could be used against you in a criminal proceeding. Regardless of if you personally believe yourself to be guilty or innocent.
 
I once sued some cops for killing a kid who they "thought" had a gun. They all pled the fifth even though I can assure you none of them believed themselves to be guilty of anything.
 
NOVA said:
If you believe there is no laws broken, and that you did nothing illegal, is there any reason to hide behind the 5th amendment while under oath and giving testimony......
please keep it short and to the point....no speeches....and just answer the question I ask.....and thanks.
Click to expand...
anything you say CAN AND WILL be used against you. it is the prosecutions task to prove you did something illegal, not for you to provide them any ammunition to do so. exercising your rights never means you're guilty.
 
NOVA said:
Let me put it this way......
A bank is robbed on Main St....a cop comes up the sidewalk an ask you, "Did you see who robbed the bank"....OR... "Did you rob the bank" and you refuse to answer...

don't you see how that refusal to answer would look to the casual observer ? People do believe that if you have nothing to hide, why refuse to co-operate.....
Click to expand...

that is because people are stupid and have been led to believe that bullshit.
 
As I understand it, if you are already accused of a crime then it's pretty much rock solid that you can invoke the 5th. Congressional Republicans have already accused Lerner (that's who we're talking about, right?) of lying to Congress. If they didn't want her to take the 5th, they shouldn't have accused her of a crime.
 
NOVA said:
Let me put it this way......
A bank is robbed on Main St....a cop comes up the sidewalk an ask you, "Did you see who robbed the bank"....OR... "Did you rob the bank" and you refuse to answer...

don't you see how that refusal to answer would look to the casual observer ? People do believe that if you have nothing to hide, why refuse to co-operate.....
Click to expand...

When the Government asks me questions, I almost always refuse to answer. One should not be considered guilty simply because they do not want to cooperate with the Government.

I was once given a summons by a code enforcement officer. I called to ask why, and he said that he had reports of unpermitted work going on in my house. I asked him where those reports came from, and he said that was confidential.

Then he asked me what was going on inside my house... I replied, "I don't answer questions from the Government." Three days later I got a notice that the case against me was dropped.
 
Dungheap said:
As I understand it, if you are already accused of a crime then it's pretty much rock solid that you can invoke the 5th. Congressional Republicans have already accused Lerner (that's who we're talking about, right?) of lying to Congress. If they didn't want her to take the 5th, they shouldn't have accused her of a crime.
Click to expand...

I understand you are saying it strengthens the claim but, you don't have to be charged.

[url]http://www.law.cornell.edu/supct/html/00-1028.ZPC.html
[/URL]
 
NOVA said:
If you believe there is no laws broken, and that you did nothing illegal, is there any reason to hide behind the 5th amendment while under oath and giving testimony......
please keep it short and to the point....no speeches....and just answer the question I ask.....and thanks.
Click to expand...

or maybe we can just follow this example....

http://www.mystatesman.com/news/new...ink_apr2013_statesmanstubtomystatesman_launch


Montanez says it was a Hays County SWAT truck that rammed his car head-on. As they collided, another police vehicle pinned him from behind, he says.

He heard a shot.

“I saw my windshield crack, and I ducked down as low as possible,” Montanez said. “I really thought I was going to die.”

Seconds later, he says, three deputies were pointing assault rifles at him. “That’s when I heard one of the officers say, ‘Oh, (expletive), we got the wrong guy,’ ” Montanez said.
Click to expand...

so in response to pointed questions, what do we see?

Sheriff’s officials in Hays County and San Marcos police declined to comment.
Click to expand...

if it's good enough for them, why shouldn't it be good enough for us?
 
You must log in or register to reply here.
Back
Top