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jelly

Banned
Oct 26, 2017
33,841
Does that mean he gets away with something or protects someone, what actually happens then?
 

Jackpot

Banned
Oct 26, 2017
1,827
I was always confused by the US's 5th amendment. Isn't it an admission of guilt that you need to withhold your own testimony because it would end up convicting you?
 

Mahonay

Member
Oct 25, 2017
33,316
Pencils Vania

tenor.gif
 

Allard

Member
Oct 25, 2017
1,929
I was always confused by the US's 5th amendment. Isn't it an admission of guilt that you need to withhold your own testimony because it would end up convicting you?

Fifth amendment is about the right to not bare testimony against yourself in a potential criminal probe/lawsuit. In other words it is up to the prosecutors to prove him of being guilty rather then risk potential incrimination (like lying in a court room or against police, likewise they can't force testimony).
 

Red Cadet 015

Banned
Oct 27, 2017
2,947
Apparently this is a stall tactic. Because they can contest any and everything the special hamster does. Could take years? But I'm no legal expert... Do we have any legal experts?
I'm no legal expert, but these things tend to go at the speed the court chooses basically. If it's a high priority case (which this is) the defense can only slow it down a few weeks at most through all these tactics.
 

cameron

The Fallen
Oct 26, 2017
23,823
Michael Avenatti @MichaelAvenatti

This is a stunning development. Never before in our nation's history has the attorney for the sitting President invoked the 5th Amend in connection with issues surrounding the President. It is esp. stunning seeing as MC served as the "fixer" for Mr. Trump for over 10 yrs. #basta

6:52 PM - Apr 25, 2018



Renato Mariotti @renato_mariotti

This is a smart move by Cohen. Anything he said in the Stormy Daniels case would incriminate him, and by stating that he will take the Fifth, he greatly increases the chance that the judge will stay (in other words, freeze) Daniels' lawsuit during the criminal investigation. https://twitter.com/chrisgeidner/status/989267371805282304 …

6:37 PM - Apr 25, 2018
Renato Mariotti @renato_mariotti

To answer your questions, Cohen made a motion to stay the lawsuit while the federal investigation is pending so he is not prejudiced. If he took the Fifth in the civil lawsuit, that could be used against him. The judge is weighing whether to stay the whole suit or part of it.

6:43 PM - Apr 25, 2018
 

Vas

Banned
Oct 25, 2017
4,016
I was always confused by the US's 5th amendment. Isn't it an admission of guilt that you need to withhold your own testimony because it would end up convicting you?

It is generally seen that way and looks really really bad, but there are reasons beyond guilt why you might plead the 'Fif.' Therefore, you generally aren't advised to assert this privilige unless you would assuredly face contempt or perjury charges as a result. You can't say one thing publicly and then say something else to the court. Given the public nature of this investigation, it's the only choice he has to try to protect himself while protecting Trump at the same time. Probably won't protect him from whatever is coming for him, but it probably will protect him from facing federal perjury charges, at least. Puts a real wrench in the gears of the process, too.
 

Red Cadet 015

Banned
Oct 27, 2017
2,947
I was always confused by the US's 5th amendment. Isn't it an admission of guilt that you need to withhold your own testimony because it would end up convicting you?
It isn't technically an admission of guilt, but in the court of public opinion it is. Basicall it forces the prosecution to find evidence against you rather than intimidate you into incriminating yourself or (potentially) forcing a false confession. I think it needs to be expanded to some degree, because prosecutors still get alot of false confessions via threats.
 

cameron

The Fallen
Oct 26, 2017
23,823
Kaitlan Collins @kaitlancollins

Incredibly significant line from the letter the lawyers who are representing President Trump in the Michael Cohen case filed in court today — "Our client will make himself available, as needed, to aid in our privilege review on his behalf..."

6:47 PM - Apr 25, 2018


Kaitlan Collins @kaitlancollins

The leader of the free world is potentially going to be spending his time sorting through the evidence that FBI agents seized when they raided his lawyer's office. https://twitter.com/kaitlancollins/status/989274849842552832 …

6:53 PM - Apr 25, 2018
 

jelly

Banned
Oct 26, 2017
33,841
So, it's basically means he is saying nothing, you can't ask him questions, no cross examination but everything else is fair game? As long as they have him dead to rights with evidence that doesn't need his corroboration he is screwed and it also means he can't object or defend himself to anything they bring up either ?
 

Allard

Member
Oct 25, 2017
1,929
So, it's basically means he is saying nothing, you can't ask him questions, no cross examination but everything else is fair game? As long as they have him dead to rights with evidence that doesn't need his corroboration he is screwed and it also means he can't object or defend himself to anything they bring up either ?
That's what a lawyer is for, the lawyer speaks on your defense. Its why the saying goes "A man who is his own lawyer has a fool for a client." You want someone who isn't under criminal liability arguing your case should charges be laid against you.
 

Commedieu

Banned
Nov 11, 2017
15,025
we just got worked. The POTUS is covering up his own crimes in our faces, and no one can do anything besides sit and take it.
 

LL_Decitrig

User-Requested Ban
Banned
Oct 27, 2017
10,334
Sunderland
Special Master isn't really a bad thing

It is if Cohen picks them, which they are in the process of doing.

I'm seeing a lot of bed-wetting on this thread. Not necessarily referring to the above, but it does seem to be indicative of the confusion at the heart of it.

Cohen doesn't pick the Special Master. The judge has the final say. That's how the law works. She may well decide that given the importance of the case, she herself will take a close hand in scrutinising claims of privilege. She's only responding to the Cohen filing to request a Special Master because that's not a bad way of proceeding. If she does go along with it, this will be because she's satisfied that the nominee is trustworthy and will save her a heap of tedious work.
 

Red Cadet 015

Banned
Oct 27, 2017
2,947
I'm seeing a lot of bed-wetting on this thread. Not necessarily referring to the above, but it does seem to be indicative of the confusion at the heart of it.

Cohen doesn't pick the Special Master. The judge has the final say. That's how the law works. She may well decide that given the importance of the case, she herself will take a close hand in scrutinising claims of privilege. She's only responding to the Cohen filing to request a Special Master because that's not a bad way of proceeding. If she does go along with it, this will be because she's satisfied that the nominee is trustworthy and will save her a heap of tedious work.
Also, a special master will add a second check to ensure the FBI doesn't fuck up and include evidence that should be privileged. It's not a bad thing. At all. The judge isn't going to just roll over for Cohen.
 

Kernel

Member
Oct 25, 2017
19,886
My thinking is that the Special Master is bad simply because she's willing to consider Cohen's request.

The taint team is apparently good enough for almost all situations like this.

Seems like the judge is caving to the pressure that the FBI is "biased".

Of course nothing is decided but hopefully they don't choose someone Cohen nominated.
 

SpankyDoodle

Member
Oct 25, 2017
6,082
Yeah good luck with that. He has the attention span of a gnat, hates reading and unless it's a drawing or printout he in's t interested.
Twist - he's only able to focus if his name is constantly mentioned, and given what they're about to sort through...!

It's gonna be like when you strap a slice of buttered toast on a cat and drop it, just starts spinning in mid-air since it can't not land on its feet but it can't not land on the buttered side. Trump's head'll start spinning so fast it'll pop clean off his neck.
 

MrRob

Banned
Oct 26, 2017
6,671
Twist - he's only able to focus if his name is constantly mentioned, and given what they're about to sort through...!

It's gonna be like when you strap a slice of buttered toast on a cat and drop it, just starts spinning in mid-air since it can't not land on its feet but it can't not land on the buttered side. Trump's head'll start spinning so fast it'll pop clean off his neck.

We couldn't get this lucky. But I'd settle for his head literally exploding as a proper conclusion to all this.
 

BrassDragon

Member
Oct 26, 2017
3,154
The Netherlands
Is this good or bad or nothing?

The ruling coming out of this is very high stakes. Cohen and Trump's lawyers are asserting they should be allowed to determine which documents the federal prosecutors are allowed to investigate... they even suggested the President himself would be involved in the review process.

If that is allowed to stand, it would make investigating Cohen's crimes, and any Trump involvement, very difficult.
 

0VERBYTE

Banned
Nov 1, 2017
5,555
The ruling coming out of this is very high stakes. Cohen and Trump's lawyers are asserting they should be allowed to determine which documents the federal prosecutors are allowed to investigate... they even suggested the President himself would be involved in the review process.

If that is allowed to stand, it would make investigating Cohen's crimes, and any Trump involvement, very difficult.
Surely they know (even the judge) this cannot be allowed to happen.
 

Haunted

Banned
Nov 3, 2017
2,737

Just to make a short point here - I know it's been used to refer to US presidents in the past and she's using it for an exaggerating effect here, but that leader of the free world ship has sailed for the current US presidency. If you say "leader of the free world", people outside of the US will most obviously be thinking of Macron, maybe possibly Merkel. Not Trump.
 
Oct 26, 2017
1,439
Just to make a short point here - I know it's been used to refer to US presidents in the past and she's using it for an exaggerating effect here, but that leader of the free world ship has sailed for the current US presidency. If you say "leader of the free world", people outside of the US will most obviously be thinking of Macron, maybe possibly Merkel. Not Trump.

Macron's domestic approval is at 40%, and his highest profile international accomplishment is sucking up to Trump. I don't see it. What's your reasoning?
 

Amalthea

Member
Dec 22, 2017
5,683
Macron's domestic approval is at 40%, and his highest profile international accomplishment is sucking up to Trump. I don't see it. What's your reasoning?
Later during his speech before the congress he shat all over Trumps political "strategy" but I guess few people noticed because Donnie wasn't around to make the public pay attention with his clown-antics.
 
Oct 26, 2017
1,439
Later during his speech before the congress he shat all over Trumps political "strategy" but I guess few people noticed because Donnie wasn't around to make the public pay attention with his clown-antics.

Yeah, Trump is fucking terrible, and his approval is down there, as well, which was the correlation that I was intending to point out. I certainly don't mean to defend him. I'm more interested in the question of, in a vacuum of American leadership, who is the leader of the free world? Does it have a leader?

I think Merkel is probably a more accurate choice than Macron, but I don't think either of them really fit the bill. In fact, I think it's still Trump, because of inertia and resources. It's just that he happens to be leading in the wrong direction.

Edit: I tried to quote Kitsunelaine 's post, as well. I don't know why I'm never able to get multiquote to work!
 
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Haunted

Banned
Nov 3, 2017
2,737
Macron's domestic approval is at 40%, and his highest profile international accomplishment is sucking up to Trump. I don't see it. What's your reasoning?
Well, it's by the logical extension as the unofficial head(s) of the EU, as Germany and France are the dominant financial forces that people outside of the US are looking towards for direction. Macron especially has formulated his plans for the EU and their place in the global community while Merkel has (characteristically) been more conservative in that regard.

Also, I disagree with the "sucking up to Trump" wording - while one might have correctly categorised such actions in the past when previous, strong US presidents were in power and in control of the situation, it doesn't really fit today when Macron is doing a fairly obvious psychological manipulation of the moron in the white house.

Yeah, Trump is fucking terrible, and his approval is down there, as well, which was the correlation that I was intending to point out. I certainly don't mean to defend him. I'm more interested in the question of, in a vacuum of American leadership, who is the leader of the free world? Does it have a leader?

I think Merkel is probably a more accurate choice than Macron, but I don't think either of them really fit the bill. In fact, I think it's still Trump, because of inertia and resources. It's just that he happens to be leading in the wrong direction.

Edit: I tried to quote Kitsunelaine 's post, as well. I don't know why I'm never able to get multiquote to work!
Oh, I absolutely agree with you that the position doesn't have an consensus successor yet. I do think that most people agree on Trump having abdicated the position, though.

Calling the US president the leader of the free world is more a force of habit at this point than an accurate depiction of the current reality in terms of power/status/respect.
 

Amalthea

Member
Dec 22, 2017
5,683
Yeah, Trump is fucking terrible. I certainly don't mean to defend him. I'm more interested in the question of, in a vacuum of American leadership, who is the leader of the free world? Does it have a leader?

I think Merkel is probably a more accurate choice than Macron, but I don't think either of them really fit the bill. In fact, I think it's still Trump, because of inertia and resources; it's just that he happens to be leading in the wrong direction.
Trump still is it mostly because of the military and economic power of the USA. But maybe that won't be for long. It's somes sort of historic irony that the mightiest nation in the world has become so decadent that they voted a complete idiot as their leader who could destroy their global power by using said power itself.
 
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