The fifth amendment to the US Constitution, as ratified… “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 offence 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.”
“No person… 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…” These are the key points being leveraged, generally, when a person accused of a crime is pleading the fifth. It’s not an admission of guilt. It’s an acknowledgment that every person, including the guilty, has rights and that the government has responsibilities. It’s abuse by the guilty, in hindsight, is why too many people think pleading the fifth intones guilt. But something to keep in mind is that part in the Miranda warning, “Anything you do say (or do) can and will be used against you in a court of law.”. That’s not hyperbole. They can and will use everything at their disposal, including lying and intimidation, in order to get a conviction. The fifth amendment gives us the right and the ability to defend ourselves in that situation.
"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 offence 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."
So, pleading the 5th means you won't be a witness against yourself, leaving the burden of proof to be held elsewhere. HOWEVER, the Grand Jury part makes it interesting. If Trump is indicted by a Grand Jury, like the one convened in Georgia, and he pleads the 5th, he may be found guilty not only of contempt of court, but of the crime he's accused of "in absentia", even though he's physically present in court. That's going to be fun.
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 offence 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.
I think Trump is pleading the 5th because he's just been emotionally raped and he has for Nally drawn the line in the sand. They messed with him for the last time but raiding his home. He's not going to give them anything else. He is in fact saying Fu*K you people!!! He's not going to be Mr. Nice Guy anymore!
What does anything that man say mean? I stopped listening after the live bleach and UV light comments. It wasn’t even funny anymore. Where did all the more solid republicans (all politicians) go? The ones who fought it out at work and went for drinks with each other at the end of the day. They were interesting. We need them back.
It effectively means he's admitting guilt but not wanting everything that comes with it in a court of law.
I think there's quite of a bit of damning documents in FBI hands now and he's looking for the safest route possible where he's not in federal prison for the rest of his life.
He himself has gone on to say MANY times that pleading the 5th is cowardly and a full admittance of guilt. That if you have nothing to hide, then you shouldn't need to. By his own volition, he's admitting he's royally fucked
@joeldalton Prove then that the raid was illegal. Cause so far everything points to its full legality; judge approved and all. Also, take note: the 'less intelligent' one never insulted you, whereas you took a shot from the very beginning. Also never insulted Trump, just merely reciprocating current events and his own statements
It means he has the right to say nothing, is he guilty... well I am not sure what he is guilty of, but he is probably guilty of something. I mean he's Teflon Don for reason right?
What's the old saying, "never point a finger at someone unless you want two pointed back at you?" Well old Teflon Don has been pointing a lot of fingers at people. Sure they are probably crooks, but he's no saint either and he had benefited a lot from the people he is point fingers at. So he kind of as been "shitting where he eats."
Sounds like standard procedure to me. If you are accused of something, shut the hell up and let the lawyer do all the talking.
I can't imagine a lawyer telling a client to blab away. The opposing lawyers will twist it around to mean almost anything. That's what they do. So don't give them anything to twist.
If you are accused of murder and you have a rock solid alibi that you were a thousand miles away, with a thousand witnesses, let the lawyer take care of it, don't do it yourself. In other words, keep your mouth shut.
Pleading the fifth means that you are not going to self incriminate yourself and no it does not mean trumps guilty and if Trump is guilty then so is Hunter Biden and Joe Biden we’re gonna play this political game than every single politician in the United States and the world by the way is going to go to prison for a very very very long time on all sides of the political spectrum except maybe Mick Romney because he is the most milquetoast unappealing politician in the history of politics I can’t stand that guy
Pleading the fifth guarantees you the right to not self incriminate.
By pleading the fifth in a criminal proceeding, the jury can't use it against you, they can only use the facts in front of them.
In a civil proceeding, though, it is very different. Pleading the fifth in a civil proceeding is basically admitting guilt & the jury CAN use it against you.
As the FBI is fond of setting up perjury traps by asking a series of questions, some of which the average person will probably get wrong, it is probably better to let them kick rocks and refuse to answer. no matter who you are.
And no, it is not an admission of guilt. Pleading the 5th means that you are not going to assist the prosecution as they try to convict or railroad you.
And no, this is not a defense of Trump. I dislike him as I do 99% of all politicians, or really anyone who gets a thrill out of having power over others.
It kind of reminds me of a couple of my questions when I was asked for data to support widely acknowledged facts, did so, put it in an update and as a response and still would get delusional responses from people who clearly read nothing and just wanted to troll.
Trump is a piece of garbage traitor to our country. He is 100% guilty of a large number of issues. Trying to overthrow the government, making fun of a disabled person on live TV, killing millions of Americans needlessly by ignoring the WHO and CDC as well as all the safeguards the previous 4 Presidents put in place in case of a Pandemic, asking the red hat lemmings to kill Clinton, etc... etc... etc. The guy asked if he could issues a pardon on himself before he left office.
Now I don't support Trump, and I hope he's guilty of as many things possible, but pleading the fifth can not be an indication of guilt. If you're say arrested by an officer as a suspect, you can still be innocent, and pleading the fifth is in fact an insanely safe idea. Even if you're innocent and you say something that they want you to say, maybe you didn't word it carefully enough, they will absolutely use it against you and twist the meaning. Saying "I plead the fifth" and refusing to speak can save your entire case.
How does exercising your constitutional rights suggest you are guilty? One should always exercise the rights that are available. When the police ask you questions, you should remain silent. That certainly doesn’t mean you’re guilty. I don’t have any comment about the former president, but everyone please exercise your fifth amendment right and protect yourself.
Haven’t heard this part of the story yet, but I’d say his lawyer’s are right, because he’d look absolutely ridiculous and lose all credibility after all the times he’s spoken negatively about doing so regarding others.
There's a reason why the 5th exist, it's not to protect the guilty, after all, the guilty are evident without even opening their mouths, though they usually help.
But he likely ain't pleading the 5th here, though it's useful to cut this 6year long watergate fishing expedition that always go nowhere.
If we know his lawyers are advising him, it means he's resisting doing it.
The ignorance displayed here by some regarding the use of the Fifth Amendment shows a naive belief in the good faith of weaponized Democratic-run government agencies. The idea that Trump should roll over and play dead for people who are trying to railroad him is absurd.
I hope that none of you get falsely accused of a crime.
It means he is exercising his rights, just like some people (including Trump) should exercise his right to remain silent. Exercising a right doesn't make someone guilty.
@Still-alive Sure, he's an ass... and like all politicians changes his opinion all the time. Isn't that something they are required to do? change their stance on something as they evolve? 😂 since they ALL do it.
@Still-alive When has he not been under investigation? I don't know his history cause I don't care, but seems to me he has been under investigation for the last few decades.
He's under investigation for very good reasons (plural as there's multiple things he's done) this time. the noose is tightening around his neck at this moment.
What you say is technically true, and that's why I copied the 5th amendment in my answer. It puts the burden of proof on the prosecution to present evidence that is "beyond a reasonable doubt" in order to convict.
However - and now we're talking reality versus legality - let's say it's a murder case, or something involving more than 1 co-conspirator. Person A is asked " do you have any knowledge of action X", and they plead the 5th. Asked again "did you directly partake in action X"... or " did you help to plan action X". Pleading the 5th, in reality, puts you in a very bad position if indeed you are innocent. It's not an admission of guilt, I agree, but in reality, it's an admission of having knowledge or having planned/partaken in something materially that would do self-harm, or put you under threat from another.
“Taking the Fifth" or “pleading the Fifth” are colloquial terms used to refer to an individual's decision to invoke their right against self-incrimination under the Fifth Amendment of the United States Constitution.
People here talking as if Trump is already guilty because he plead the fifth. He could be but that's not what pleading the fifth means.
During interviews/interrogations, slip of tongue, miscommunications, misinterpretations can occur. As a right, you have the right to not say anything. Does not necessarily mean you are hiding something.
It's actually wise for EVERYONE to plead the fifth and take the battle to the proper forum aka the court with lawyers at your side.
It means you are refusing to answer because you do not wish to say anything that might incriminate yourself. Trump has stated that anybody who does this "has something to hide" and is guilty. Of course this is not true and things like that coming out of his mouth are always for "other" people. They aren't supposed to apply to him in his mind.
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Refusing to answer on fifth amendment grounds means your answers could implicate you in a crime. It’s the only way you can refuse to answer a question under oath. There is no blanket right to do so. People will have to draw their own conclusions as to what he’s hiding.
Superb Opinion