As I’m sure you know we have a lineup of Trump’s set to take the stand in his NY State civil trial in the next week. Yes, Wannabe Princess Ivanka who appealed having to appear is apparently going to have to take the stand too. (Will Trump be there for that?) However according to this article from NPR we have the “lineup.” First up however this week we have Fredo 1 and Fredo 2, sometimes known as Don Jr. and Eric. Now, neither one has to my knowledge claimed the intellectual gifts their father insists he possesses. No “I have a very fine brain” quote from this pair. But they do try to pass themselves off as a cut above average. They aren’t fooling anyone of course but it’s amusing.
In any case, these two will have an awful lot of memory lapses on the stand. “I don’t know”, “I don’t recall” and “I don’t remember that” is something everyone (except Trump) will get sick of hearing. (Trump however will feel like he at least did one thing right with this pair of loser sons. Not proud of them, but he might give them a pat on the head at least) Another thing we’ll hear, a LOT is both of them invoking their Fifth Amendment Rights against self incrimination just as they did in pre-trial depositions. I heard one talking head (I think it was Glen Kirshner on MSNBC) say Eric had invoked the Fifth way over FOUR HUNDRED TIMES.
Now, as I’m sure you know a defendant in a criminal trial can invoke the Fifth and it can’t be held against them. Juries are carefully instructed on this point. Granted, jurors are human beings and have to wonder “what is he/she hiding?” However, here on PZ Murfster has more than once spoke about his own jury service and will attest to the fact that overwhelmingly jurors take their duties seriously. However, that’s criminal court. You can read more about this at one of my favorite sources for law, Cornell Law School’s Legal Information Institute.
In a civil proceeding different standards apply. Defendants can invoke the Fifth to avoid self-incrimination and they do so. However, in civil court that CAN be taken as a negative thing to do. Juries can, especially when combined with other evidence and/or testimony decide that someone who invoked the Fifth he/she is guilty of whatever wrongdoing the question posed to them asked about. Worse for Trump, his not at all team of legal eagle lawyers screwed up and didn’t indicate he wanted a jury trial. He can complain all he wants (and he both has and will continue to do so) but the bottom line is that Trump’s lawyers blew it “bigly” and he’s stuck with a Bench Trial. With an experienced judge.
This can, as legal stuff so often does get complicated. The New York Bar Association has an article outlining the differences between criminal and civil proceedings when someone invokes their Fifth Amendment Rights. It’s a lengthy, academic style article but page on page 7 Section III ( CONSEQUENCES OF INVOKING THE FIFTH AMENDMENT PRIVILEGE) contains the relevant parts for this discussion. At the conclusion of Part A it states:
Thus, in criminal cases, the Fifth Amendment “forbids either comment by the prosecution on the accused’s silence or instructions by the court that such silence is evidence of guilt,”
43 and prohibits the finding of any adverse inferences. 44
Section B deals with Civil cases, and the part you need to know states:
Civil cases are more complicated. Thus, in the landmark case, Baxter v. Palmigiano,
45 the Supreme Court recognized that the Constitution does not prohibit a fact-finder from drawing an adverse inference from a prison inmate’s silence during prison disciplinary proceedings. In its decision, the Court referenced the “prevailing rule that the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them.” 46 Since Baxter, lower courts as well as the Supreme Court have regularly cited Baxter to support the imposition of an adverse inference in civil cases where a party invokes the Fifth Amendment privilege.47
I should again note these passages are from a NYSB article, that Trump’s civil trial is taking place in NY State and that NY state is in the Second Circuit. This makes the next sentence which opens the very next paragraph particularly damning for Trump and his spawn:
It is well settled in the Second Circuit that an adverse inference may be drawn against a civil litigant who asserts the Fifth Amendment privilege when called to testify in a civil proceeding.
I’m aware anyone reading this knows the outlines of all I’ve written about here. Still, with the Trump family set up like ducks in a row it’s worth knowing the details on why their stunts on the witness stand aren’t going to work this time.
A question for those who know the law far better than me (which is a rather large universe).
Is the defendant responsible for the costs of a jury? If so, this might be the reason that Trump didn’t want a jury trial. Death by Cheapness.
a jury trial wasn’t an option.when engoran pointed this out in court Allina hubba seemed surprised that she hadn’t screwed up.
If the “legal” team former guy has did not ask for a jury trial (if they were able to (?)), that actually would have been the one smart thing they can be accused of doing. There is no way in hell having former guy on the witness stand would turn out well particularly when you consider he would, numerous times, threaten them while on the stand…and off of course. I cannot imagine anyone, perhaps even the most die-hard magat, who would appreciate being threatened, doxed, etc.
So both family bookend 1 (dumb) and family bookend 2 (dumber), as will their sister, Maree Antoinette Barbie Doll, will effectively help stamp indelible ink stain of guilt, on their spineless reptilian brained father, Don Don; all because of relying on that magic 5th number. Priceless tome, this judicial bind has stitched up for them all.
It could be interesting if Iwanna ‘takes the fifth’ considering she hasn’t been charged with anything (yet)