Trump suspected of having "nuclear documents"

[The Barbarian]

Is that what Hillary called it?

Trump recently took the 5th over 440 times. Hillary took the 5th... zero times. Puts it all in perspective, doesn't it?

 

[The Barbarian]

Ahhh... the Ronald Regan defense

At that time, Reagan was showing symptoms of Alzheimer's and probably didn't remember. The crimes committed in his administration were very likely not his doing at all, but were by underlings who took advantage of his illness and betrayed him.

 

[BPPLEE]

Trump recently took the 5th over 440 times. Hillary took the 5th... zero times. Puts it all in perspective, doesn't it?

It's my understanding if you take the fifth you have to take it for all questions. I don't think you get to pick and choose. I may be wrong I'm not a lawyer.

 

[Aldebaran]

At that time, Reagan was showing symptoms of Alzheimer's and probably didn't remember. The crimes committed in his administration were very likely not his doing at all, but were by underlings who took advantage of his illness and betrayed him.

You just showed us the future "biden defense" that we will see when Republicans do their investigations into his administration's failures.

 

[BPPLEE]

.

 

[JosephZ]

Trump had more than 300 classified documents in Mar-a-Lago

The first batch of documents retrieved from former President Donald J. Trump’s National Archives in January included more than 150 numbers marked as classified, a number that caused major concern at the Justice Department and helped spark the criminal investigation that Leading FBI agents to get involved Mar-a-Lago attempted to salvage more this month, according to several people briefed on the matter.

In all, the administration has recovered more than 300 documents with secret markings from Mr Trump since he left office, the people said: That first batch of documents was returned in January, another set submitted by Mr Trump’s aides to the Justice Department in June was made available and the material the FBI seized in this month’s search.

The previously unreported volume of sensitive material found in the former president’s possession in January helps explain why the Justice Department was so urgent in searching for any other classified materials he may have had.

And the extent to which such a large number of highly sensitive documents remained in Mar-a-Lago for months, despite the department demanding the return of all materials that should have remained in government custody when Mr Trump left office, officials suggested that the former president or his aides had been reckless about it, had not been entirely accommodating to investigators, or both.

The Justice Department investigation is ongoing, suggesting officials are unsure they have recovered all of the President’s notes that Mr. Trump took from the White House.

Even after the FBI’s extraordinary decision to execute a search warrant in Mar-a-Lago on Aug. 8, investigators have requested additional surveillance footage from the club, people familiar with the matter said.

No documentation has come to light to confirm Mr Trump declassified the material, and the potential crimes cited by the Justice Department in seeking the Mar-a-Lago search warrant would not depend on the classified status of the documents.

On June 22, the Justice Department subpoenaed the Trump Organization for security footage of Mar-a-Lago, which included a busy hallway outside the storage area, the people said.

The club had 60-day-old surveillance footage of some areas of the property dating back to late April this year.

While much of the footage showed hours of club employees walking through the busy corridor, some of it raised concerns for investigators, according to people familiar with the matter. It showed people moving boxes in and out, and in some cases they seemed to be changing the containers that held some documents. The footage also showed other parts of the property.

In a search for a second round of security footage, the Justice Department wants to review tapes from the weeks leading up to the Aug. 8 search.

Trump Had More Than 300 Classified Documents at Mar-a-Lago

 

[Thomas White]

It's my understanding if you take the fifth you have to take it for all questions. I don't think you get to pick and choose. I may be wrong I'm not a lawyer.

That is incorrect. You can choose whenever you don't want to answer a question.

 

[BPPLEE]

That is incorrect. You can choose whenever you don't want to answer a question.

Actually it is correct Fifth Amendment Right Against Self-Incrimination - FindLaw.

 

[Thomas White]

Actually it is correct Fifth Amendment Right Against Self-Incrimination - FindLaw.

No. The Fifth only applies to questions that are testimonial in nature.

 

[BPPLEE]

No. The Fifth only applies to questions that are testimonial in nature.

What does that even mean? Aren't you testifying when you answer questions? Any statement you make or documents that are evidence are testimonial. A nod of your head is testimonial. can you choose which questions to answer in the fifth amendment - Google Search. A defendant who chooses to testify cannot answer some questions and refuse to answer others.

 

[Thomas White]

What does that even mean? Aren't you testifying when you answer questions? Any statement you make or documents that are evidence are testimonial. A nod of your head is testimonial. can you choose which questions to answer in the fifth amendment - Google Search. A defendant who chooses to testify cannot answer some questions and refuse to answer others.

Testimonial questions are those in which you are making a statement regarding an incident, person, or other such specific item under investigation and/or being prosecuted.

 

[BPPLEE]

Testimonial questions are those in which you are making a statement regarding an incident, person, or other such specific item under investigation and/or being prosecuted.

Criminal defendants can't answer some questions and not answer others. It's an all or nothing scenario

 

[Thomas White]

Criminal defendants can't answer some questions and not answer others. It's an all or nothing scenario

We aren't talking about a criminal defendant.

 

[BPPLEE]

We aren't talking about a criminal defendant.

I don't know the rules in a civil case
Trump invokes Fifth Amendment rights but swipes at New York attorney general during deposition | CNN Politics

 

[Thomas White]

We aren't?
https://www.politico.com/news/2022/...ew-york-attorney-general-on-wednesday-0005078

No. He has not been charged. As such, he is not a criminal defendant.

 

[BPPLEE]

No. He has not been charged. As such, he is not a criminal defendant.

Agreed
Can you selectively plead the 5th in a civil trial?


Conversely, a party or a witness in a civil trial can selectively claim a right to Plead the Fifth. They can do this in response to any questions that may implicate them in a crime and can testify on other matters that do not have the same consequences.
Can I plead the Fifth in a civil trial or deposition? Yes, you can plead the fifth in a civil trial or deposition.

 

[The Barbarian]

It's my understanding if you take the fifth you have to take it for all questions. I don't think you get to pick and choose. I may be wrong I'm not a lawyer.

No, you can answer some questions and only refuse to answer the ones that might tend to incriminate you. Rules are complex, though.

 

[BPPLEE]

No, you can answer some questions and only refuse to answer the ones that might tend to incriminate you. Rules are complex, though.

In a civil trial you can. In a criminal trial it's all or nothing

 

[The Barbarian]

Trump isn't on trial. So he can answer some questions and refuse to answer the ones he thinks might incriminate him. Which is what he did, over 440 times.

And it's his perfect right to do so. The law isn't entitled to make anyone convict themselves.

 

[BPPLEE]

Trump isn't on trial. So he can answer some questions and refuse to answer the ones he thinks might incriminate him. Which is what he did, over 440 times.

And it's his perfect right to do so. The law isn't entitled to make anyone convict themselves.

I would follow my lawyers advice in that situation