The Pardu

The Pardu
Watchful eyes and ears feed the brain, thus nourishing the brain cells.
Showing posts with label Fifth Amendment. Show all posts
Showing posts with label Fifth Amendment. Show all posts

Sunday, May 6, 2018

Pleading "The Fifth" (Will 45 Plead The Fifth?)





Pleading The Fifth
Colloquially Speaking

    Pleading the Fifth

    "Pleading the Fifth" is thus a colloquial term for invoking the right that allows witnesses to decline to answer questions where the answers might incriminate them, and generally without having to suffer a penalty for asserting the right.
Cornell Law School

    Fifth Amendment

    Fifth Amendment: An Overview
    The Fifth Amendment of the U.S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
For the first time in US history, we are seeing, hearing and reading about the Fifth Amendment like no other time across the centuries. Even the Nixon Administration and its Watergate Sandal didn't find the nation faced with as much talk of "the Fifth."

No matter the US constitutional definition, pleading "the Fifth" means the person has a degree of guilt which could lead to her/his conviction of a felony offense. The legal pleading so matter of fact, 2016 Presidential candidate Trump fed his supporters and potential voters a steady diet of "Plead the Fifth" against opponent Clinton. 

Watch and think about the potential for Trump pleading "the Fifth" as the Special Counsel closes the legal lops around his inner core. 



This morning while having breakfast or heading to church the following from Rudy Giuliani
Pres. Trump's attorney Rudy Giuliani says he can't be confident the president won't invoke the Fifth Amendment if he speaks with the special counsel: "I've got a client who wants to testify... I hope we get a chance to tell him the risk that he's taking." 
Amazing that Trump would so loosely use "the Fifth" as a strategy with a closet so full of potential legal entanglements. Pleading "the Fifth" may not save him or his inner core cabal from some form of prosecution.

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Thursday, March 6, 2014

Issa Continues to Play Games; His Games Always Backfire.



Lawrence O'Donnell, The Last Word introductory segment (1:34 minutes)

I have read reports that Chairman Darrell Issa, knew Lois Lerner, former IRS official, was going to plead the Fifth Amendment at yesterday's hearing.  Last night, I watched the following video from the comfort of my family room. While watching the segment, I noticed Issa an assistant (sitting behind the Chairman) who seems to peep over at Ranking Committee Member Cummings as Issa was shutting down the hearing. It was as if she fully anticipated Cummings's reaction or she was curious to see how he would react. In either case, her actions adds a bit of validity to reports Issa staged the phony childishness and parliamentary malfeasance.


Malfeasance?

Yes, watch Cummings as he attempted to provide a level of professionalism to the hearing proceedings. Reports also abound that Cummings was attempting to assist after Lerner enacted her Fifth Amendment Rights.

We think it important to point-out the Ranking Member actually pleaded with Issa not to affect the childish act of shutting down the hearing.


Cummings via MSNBC...
Cummings reiterated his criticism of Issa during a press conference Thursday alongside fellow Democrats who complained that Issa’s “partisan” investigation into the IRS’s possible political targeting has cost $14 million – with little to show for it. 
Cummings defended his actions during an appearance on Morning Joe earlier Thursday, saying he was trying to help Issa get the information he wanted from Lerner’s lawyer.  
“What I was trying to do was to get to allow the attorney to at least provide us with a proffer, that is, to tell us what his clients would have said if she were to testify,” he said.
Linked The Last Word segment  (15:11 minutes with a great lesson on 501 (C) (4) Tax Codes)

We posit, Putin exemplified the "new GOP." The party is not the party of Abe Lincoln; neither the party of George H.W. Bush, nor Ronald Reagan. While earlier today, Joe Scarborough, MSNBC Morning Joe Show, expended a great deal of energy and rhetoric on the good from the Koch brothers, facts prove Scarborough a mere pundit when it comes to the tea party infestation of the House of Representatives. Thus, the Kochs are major players in GOP obstruction, and by default they have provided financial support that has led to the less than 12% congressional approval ratings. All said the 2010 election led to Issa's appointment as Chair of the Oversight Committee. They funded many tea party organizations leading up to the 2010 election, when coupled with typical progressive lackadaisical appearances for mid-term elections, we now have a veritable "stooge on a witch-hunt" leading a key congressional committee.
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