Sunday, August 14, 2022

Adverse inference and the fifth amendment

 Meanwhile back at the Southern District of New York’s civil case against the former president for tax fraud and bank fraud, the former president pled the fifth amendment well over 400 times. So what? You say. Is it not a constitutional right that you do not have to testify against yourself? Well…

In a criminal case you can plead the fifth and the prosecution cannot use that against you and the judge will confirm that there is no adverse inference in a person pleading the fifth amendment by refusing to testify against himself. But…

These charges of financial fraud are not a criminal case. These charges of financial fraud are a civil case. A ruling that could be made is that a person is Liable - not Criminal. And in civil cases the principle of Adverse Inference applies. That is, the prosecution can and will charge that the refusal to answer questions on the grounds that the answer would tend to incriminate the person is by itself an act of admission of guilt. And the final summary to the judge would include a list of all the civil violations performed by the accused with the summary statement that none of these allegations have even been contested, and have been de facto confessed to by the accused by the pleading of the fifth amendment  

The former guy, pretty obviously guilty on all counts, went to court and confessed over 400 times to his guilt.

No one ever said this man was smart. And since he doesn’t pay his lawyers, the only ones who will work with them appear to be not too smart either..

The massive fines that he will pay, or I hope should pay, for his bank fraud and tax fraud will be very important to him, but not nearly as important as the possible charges of espionage that seem to be impending as a result of the recovery of stolen documents from the White House hidden in his Florida residence. Rest assured that the warrant for that search was meticulous, the chain of custody will be meticulous, and if they find evidence of espionage - selling vital national secrets to hostile foreign powers - he will be prosecuted, just like any of us would be. 

Huge fines please.

Prison please.