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re: Federal Prosecutors are now PLEADING the 5th when asked "Did you break the law"!
Posted on 5/2/24 at 11:09 am to Timeoday
Posted on 5/2/24 at 11:09 am to Timeoday
quote:I believe this happened last May. Pomerantz claimed he used his 5th Amendment rights to avoid the revealing of Grand Jury testimony, which would have been a crime.
Federal Prosecutors are now PLEADING the 5th when asked "Did you break the law"!
Posted on 5/2/24 at 3:37 pm to NC_Tigah
quote:
I believe this happened last May. Pomerantz claimed he used his 5th Amendment rights to avoid the revealing of Grand Jury testimony, which would have been a crime.
That's horseshite at multiple levels.
First, even assuming 6(e) was applicable, THAT'S the objection you make - not 5th Amendment.
"Responding to that question would require me to violate the restrictions of F.R.Crim.P. Rule 6(e); therefore, I cannot answer."
Second, that rule does not apply to WITNESSES. Witnesses can disclose what THEY told the grand jury. So, if this was as to HIS testimony in front of the grand jury, he has no valid basis to object or refuse to answer.
Third, the questions that were asked in no way trigger any 6(e) issue. These questions specifically asked abiut HIS actions and whether those actions were illegal, a violation of rights under color of law, or unethical. Considering that grand jury proceedings do not provide immunity for any prosecutor to commit any such acts, they certainly would not be prohibited under the Rule.
Trump should immediately file a 1983 action against Pomerantz/DOJ and then use these 5th Amendment assertions for an adverse inference against him and the Department for abuse of process.
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