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jwirr

(39,215 posts)

35. Hey Hillary don't you understand that right or wrong when

Reply to w4rma (Original post)

Wed Jun 1, 2016, 07:41 PM

Jun 2016

someone refuses to testify people assume they are guilty.

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Clinton IT aide to plead the Fifth in email case [View all] w4rma Jun 2016 OP

How does someone with immunity plead the 5th? Press Virginia Jun 2016 #1

Pleading 5th in Civil case (judicial watch) emulatorloo Jun 2016 #3

Yes. But he already has criminal immunity Press Virginia Jun 2016 #7

I know nothing about Civil Case law so was just a wild guess emulatorloo Jun 2016 #10

That article had enough prevaricating Aerows Jun 2016 #101

he has nothing to gain by testifying, magical thyme Jun 2016 #30

He doesn't get to plead the 5th because he thinks it's a waste of time Press Virginia Jun 2016 #36

Maybe he fears the wrath of the Clinton Machine not the FBI ? Pharaoh Jun 2016 #46

That's more in line with my thinking. Or he's worried about his admissions Press Virginia Jun 2016 #54

Yes, he can. nt LaydeeBug Jun 2016 #47

It's a right against self incrimination Press Virginia Jun 2016 #52

tell it to his lawyers, who generally don't want any client to testify two or three times magical thyme Jun 2016 #49

There's no chance of a perjury charge for people telling the truth Press Virginia Jun 2016 #53

lawyers generally don't want clients to testify more than once magical thyme Jun 2016 #56

It would have to be a pretty material contradiction Press Virginia Jun 2016 #57

Oh yeah, right. And innocent people shouldn't bother with lawyers, either -- pnwmom Jun 2016 #78

He needs a lawyer because laws were broken Press Virginia Jun 2016 #79

No one knows what ground they'd try to cover -- we saw that in the Mills deposition pnwmom Jun 2016 #80

The judges order is specific and he's been ordered by the judge to be deposed Press Virginia Jun 2016 #81

He's claiming the 5th so his lawyer must think his immunity agreement pnwmom Jun 2016 #82

Unless the threat is substantive and real, meaning his immunity isn't within Press Virginia Jun 2016 #83

There is nothing to know till the judge rules. Till then, he did exactly the right thing pnwmom Jun 2016 #84

If he'd done the right thing from the start he wouldn't be needing an attorney Press Virginia Jun 2016 #85

He could have done something wrong that was all on him and not on Hillary. pnwmom Jun 2016 #86

Yeaaaah...the FBI granted him immunity because he acted alone Press Virginia Jun 2016 #87

Seriously. For example, pnwmom Jun 2016 #88

the FBI wasn't smart enough to ask him if he was paid, how much and for what? Press Virginia Jun 2016 #99

PERHAPS... cynzke Jun 2016 #94

Then the lawyer would have to establish a reasonable cause for the fear of Press Virginia Jun 2016 #98

Maybe the immunity does not cross over into civilian court. Rex Jun 2016 #113

he can't be charged with a crime in civil court Press Virginia Jun 2016 #115

Exactly, so the immunity doesn't cross over from criminal to civil court. Rex Jun 2016 #116

soooo you're saying he's claiming the 5th because he can't be charged with a crime? Press Virginia Jun 2016 #117

There has been questioning as to what type of immunity he was offered Babel_17 Jun 2016 #8

Yeah. But are we supposed to believe the FBI didn't already Press Virginia Jun 2016 #11

Having just read more about JudicialWatch, maybe he doesn't want to help with them emulatorloo Jun 2016 #13

Not wanting to help them and being vulnerable to criminal prosecution Press Virginia Jun 2016 #15

again, pleading the 5th is a *RIGHT*, not to your purvue LaydeeBug Jun 2016 #48

It's a right against self incrimination. If there is not risk of criminal charges Press Virginia Jun 2016 #55

He has a RIGHT to plead the fifth. nt LaydeeBug Jun 2016 #63

The court can actually compel his testimony when there is no Press Virginia Jun 2016 #66

and he can still plead the fifth. nt LaydeeBug Jun 2016 #95

But he must answer questions that establish whether his plea is reasonable. If it Press Virginia Jun 2016 #97

it is soooo crazy that you still think he can't. It is a *right* nt LaydeeBug Jun 2016 #100

im basing my claims on actual court rulings on Press Virginia Jun 2016 #102

The fact that the 5th amendment is a RIGHT, and not a privilege LaydeeBug Jun 2016 #104

Not in a civil lawsuit. The witness must establish Press Virginia Jun 2016 #106

The 5th isn't absolute. ZombieHorde Jun 2016 #114

Did you know this? tularetom Jun 2016 #21

Yeah, I wouldn't give JW the time of day, personally. 2banon Jun 2016 #26

Good point, but his lawyer won't let him open himself to any exposure Babel_17 Jun 2016 #16

Depends on the type of immunity Travis_0004 Jun 2016 #12

Immunity agreements have terms and conditions laserhaas Jun 2016 #19

I would think the FBI has asked most of Press Virginia Jun 2016 #22

And that's when cou sel objects laserhaas Jun 2016 #25

He may need a separate grant of immunity for these proceedings. Yo_Mama Jun 2016 #24

There are potentially two cases. One is civil and active, in which he is pleading the Fifth. JDPriestly Jun 2016 #45

He was granted immunity by the FBI, not Judicial Watch. n/t ebayfool Jun 2016 #58

Judicial Watch can't prosecute him. Press Virginia Jun 2016 #59

Yeah, but they can sue his pants off if he testifies and incriminates himself. ebayfool Jun 2016 #61

They don't have standing to personally sue him. Press Virginia Jun 2016 #62

Okay. But if he did testify and it contradicted what he has told the FBI, all bets are off on ... ebayfool Jun 2016 #68

It would have to be a material contradiction. Press Virginia Jun 2016 #69

This message was self-deleted by its author LiberalArkie Jun 2016 #2

That was for the criminal case (FBI)... tex-wyo-dem Jun 2016 #5

His immunity covers him in civil cases Press Virginia Jun 2016 #9

Would that not depend on the terms the FBI gave? ebayfool Jun 2016 #64

I'm assuming the FBI asked about the set up of the server Press Virginia Jun 2016 #65

So? jeff47 Jun 2016 #70

This message was self-deleted by its author thereismore Jun 2016 #6

Different case, different proceedings. Yo_Mama Jun 2016 #33

Asserting the right against self-incrimination = crimes commited Cosmic Kitten Jun 2016 #4

Nonsense Major Nikon Jun 2016 #14

On refusing to testify w4rma Jun 2016 #18

Thanks for the wiki cut and paste Major Nikon Jun 2016 #20

Staying silent “can be used against you,” said Peter Toren, a former federal prosecutor and partner w4rma Jun 2016 #107

Thanks for the right wing perspective Major Nikon Jun 2016 #108

It's a legal perspective and this scenario of the prosecutor will play out in court with the w4rma Jun 2016 #109

Sorry, but I just don't give a shit what a right wing rag has to say. YMMV. Major Nikon Jun 2016 #110

"The Hill" is a "right-wing rag", now? You Clintonites are limiting your media outlets to hardly w4rma Jun 2016 #111

Namecalling directed at me, especially "Clintonite" is a fucking joke Major Nikon Jun 2016 #112

Your comment is truly ironic considering your signature line csziggy Jun 2016 #17

I think you missed the point Cosmic Kitten was making 99th_Monkey Jun 2016 #27

And I think you missed the point cheapdate Jun 2016 #31

My comment was solely in reference to Cosmic Kitten's post, not to the OP 99th_Monkey Jun 2016 #37

If you say so. cheapdate Jun 2016 #40

But when the Fifth Amendment is invoked, it is because testimony could incriminate JDPriestly Jun 2016 #72

Does he have anything to gain by testifying? cheapdate Jun 2016 #73

This is just my experience. I can't say what would happen in a case you might be JDPriestly Jun 2016 #74

Again, back to the hypothetical case cheapdate Jun 2016 #75

No, the Fifth can be used if there is apprehension csziggy Jun 2016 #43

I agree.n/t 2banon Jun 2016 #28

Really? So, do you think the Fifth Amendment should maybe be phased out? cheapdate Jun 2016 #29

No it isn't. It really does not. Yo_Mama Jun 2016 #34

No, this is a fairly silly post. JonLeibowitz Jun 2016 #51

He is smart to follow his attorney's advice. And Judicial Watch is the modern day pnwmom Jun 2016 #23

Exactly. Why the hell would he cooperate in any way with a right wing witch hunt? Midnight Writer Jun 2016 #77

OP's like this will soon be banned OnyxCollie Jun 2016 #32

Legitimate news, such as this, won't be banned. (nt) w4rma Jun 2016 #38

So is hoping for an indictment now a ban-able offense? Reter Jun 2016 #67

Are you worried or excited? OnyxCollie Jun 2016 #71

Not yet, but maybe starting 6/16. JustABozoOnThisBus Jun 2016 #91

"I doubt if Clinton even knows his name" B2G Jun 2016 #96

Hey Hillary don't you understand that right or wrong when jwirr Jun 2016 #35

But this is just a big Nothingburger!!! eom LiberalElite Jun 2016 #39

This message was self-deleted by its author SusanLarson Jun 2016 #41

LOL SusanLarson Jun 2016 #42

Have no idea what this means. zentrum Jun 2016 #44

I hope he doesn't have any plans flying anywhere, mr clean Jun 2016 #50

Pagliano is worried about a potential breach at the court reporting company? This guy? ebayfool Jun 2016 #60

Once again...Clinton Email Testimony Video: KeepItReal Jun 2016 #76

Bernie just became the next President of the United States. Major Hogwash Jun 2016 #89

"conservative" legal watchdog group is an understatement and they are a total rightwing attack beachbum bob Jun 2016 #90

That's the point though... TipTok Jun 2016 #92

Good for him and I don't "effing" blame him at all maxrandb Jun 2016 #93

He's in no legal jeopardy so he must be afraid of something tularetom Jun 2016 #103

as is his right to do. Sunlei Jun 2016 #105