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Started By
Message
re: Michael Cohen withdraws suits against BuzzFeed, Fusion
Posted on 4/19/18 at 10:15 am to udtiger
Posted on 4/19/18 at 10:15 am to udtiger
quote:
No criminal defendant wants to allow the prosecution to use a civil suit to circumvent his 5th Amendment rights, which is exactly what would have happened.
Can't he take the Fifth in the civil suit? Not if he is plaintiff, obviously. But if he gets sued, can't he refuse to testify?
2
Posted on 4/19/18 at 10:15 am to cahoots
quote:
Like George Soros and Elon Musk? Is this serious or sarcasm?
There is always a bad apple in a group. In general everyone knows rich white people are only interested in keeping minorities and democrats down. Amirite?
Posted on 4/19/18 at 10:19 am to JudgeHolden
You can plead the 5th in a civil case. Statements on the record in a civil case Are generally admissible in a criminal case.
Still...You assume he is guilty of something. What do you think it is? If I'm cohen, I'm seeing what happens when you are in the crosshairs of the FBI and he wants out. Making any inferences from dropping the civil suits is pretty silly.
Still...You assume he is guilty of something. What do you think it is? If I'm cohen, I'm seeing what happens when you are in the crosshairs of the FBI and he wants out. Making any inferences from dropping the civil suits is pretty silly.
Posted on 4/19/18 at 10:19 am to Damone
quote:
those entities would have corroborated to try and scrounge up material that they otherwise would not have to try and incriminate Cohen.
Is that a Freudian slip? Cohen is thinking about corroboration alright. He's thinking he's fricked because the evidence the feds have will corroborate the claims of the dossier.
Posted on 4/19/18 at 10:20 am to udtiger
quote:
Actually, it's not surprising at all. No criminal defendant wants to allow the prosecution to use a civil suit to circumvent his 5th Amendment rights, which is exactly what would have happened.
Wait what? Being a plaintiff doesn't mean you can't assert the 5th, does it?
It might destroy your case somewhat, it might ultimately being counterproductive to assert you may incriminate yourself answering questions in a case you filed, especially as an attorney, but the 5th amendment is still available to him from what I can see.
Now accepting a pardon? That's another matter, that really does appear to wipe 5th amendment protection.
ETA: Michael Avenatti claims otherwise, specifically he claimed that Cohen can't plead the 5th in cases he brings.
So blah.
This post was edited on 4/19/18 at 10:24 am
Posted on 4/19/18 at 10:22 am to Mephistopheles
quote:
Being a plaintiff doesn't mean you can't assert the 5th, does it?
Without the benefit of research or any real knowledge on this point, I think it does. I vaguely remember some law preventing you from asserting the Fifth on relevant matters if you are plaintiff on those matters.
Happy to be schooled on tis by someone who actually knows the answer.
ETA: Just saw BBONDS25's post on this. I trust that. So he can apparently assert the Fifth as plaintiff but he would look really bad. I guess the point is they can force him to assert the Fifth in a civil case, right?
This post was edited on 4/19/18 at 10:24 am
Posted on 4/19/18 at 10:23 am to YeauxKeauxEauxNeaux
quote:
He's thinking he's fricked because the evidence the feds have will corroborate the claims of the dossier.
nothing like some wild speculation. Are lefties back to claiming the dossier is legit? Oh boy....I sure hope so.
Posted on 4/19/18 at 10:25 am to Mephistopheles
quote:
Now accepting a pardon? That's another matter, that really does appear to wipe 5th amendment protection.
Except that the State of New York will still prosecute him on the money laundering. Trump can't pardon state crimes.
quote:
Michael Avenatti claims otherwise
Pretty good lawyer.
Posted on 4/19/18 at 10:27 am to BBONDS25
quote:
Are lefties back to claiming the dossier is legit? Oh boy....I sure hope so.
Wasn't the single biggest claim against the dossier that Cohen was able to show he never went to Prague because his passport had no stamps in it?
I know we're going on leaks here but apparently that's now looking like it may not be quite true (that he never went to Prague, the thing about the passport does appear true). You can move from country to country within the EU Schengen area without getting passport stamps.
But I've always stood by my boy Chris Steele.
Posted on 4/19/18 at 10:28 am to SDVTiger
quote:
SDVTiger
Posted on 4/19/18 at 10:29 am to JudgeHolden
quote:
Can't he take the Fifth in the civil suit? Not if he is plaintiff, obviously. But if he gets sued, can't he refuse to testify?
Yes, he can take the 5th in the civil suit; however, by doing so, there arises a negative inference as to the matter for which the privilege is claimed. If there's other competent evidence, that inference can be used to establish facts in the case.
For example:
Q: Were you drunk at the time of the accident?
A: FIF
This, plus other admissible evidence of the presence of alcohol in system around time of accident could result in an established fact of intoxication, even if no DWI or breathalyzer test was done.
Posted on 4/19/18 at 10:33 am to Jack Bauers HnK
quote:
You got him now. Trump will never be president.
Posted on 4/19/18 at 10:36 am to Mephistopheles
quote:
Michael Avenatti claims otherwise, specifically he claimed that Cohen can't plead the 5th in cases he brings.
Why has the pornstar's attorney suddenly become the font of all legal knowledge?
That said, he's likely correct in that asserting the claim and then claiming 5th Amendment is inherently unfair to the defendant. Under such circumstances, judges will say answer the question or I am dismissing the suit.
Posted on 4/19/18 at 10:36 am to BBONDS25
quote:By the way, isn't that all supposed to happen today?
Well the criminal investigation against Steele and killary et all. is probably sufficient for what he wanted to get done.
Posted on 4/19/18 at 10:37 am to BeeFense5
quote:Show us on the doll where Soros touched you.
The guys has zero affect on mine but you libs are obsessed with him. WHy?
Posted on 4/19/18 at 10:40 am to Mephistopheles
quote:
But I've always stood by my boy Chris Steele.
Risky move, counselor.
Posted on 4/19/18 at 10:42 am to udtiger
quote:
or I am dismissing the suit.
This is the answer. He cannot be compelled to waive the 5th. His case would likely just be dismissed. Though, he already moved to withdraw....so....
Posted on 4/19/18 at 10:44 am to Mephistopheles
quote:
Wasn't the single biggest claim against the dossier that Cohen was able to show he never went to Prague because his passport had no stamps in it?
I have no faith in the dossier but I always found this strange. I’ve been to Prague and I don’t have a Prague stamp in my passport
Posted on 4/19/18 at 10:46 am to cahoots
quote:
I have no faith in the dossier but I always found this strange. I’ve been to Prague and I don’t have a Prague stamp in my passport
The passport picture he provided was just that, a picture of his passport. Like the front cover of it
Posted on 4/19/18 at 10:59 am to mmmmmbeeer
He let BuzzFeed actually inspect his passport last year. Didn't prove shite because Schengen but it's been one of the single most prominent claims against the dossier.
LINK
LINK
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