Trump's silence at his Senate impeachment trial can be used against him

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Analysis: Rep. Raskin has warned the fmr. President Trump about his refusal to testify at his impeachment trial.

But Rep. Jamie Raskin of Maryland, the lead manager, also issued this warning to Trump:"If you decline this invitation, we reserve any and all rights, including the right to establish at trial that your refusal to testify supports a strong adverse inference regarding your actions on January 6, 2021."" may ever be imposed on someone who exercises his core Fifth Amendment right not to be a"witness" against himself in a"criminal case.

But that same prohibition of adverse inferences from trial silence in criminal court does not apply incases. The Fifth Amendment does not forbid adverse inferences against civil defendants when they refuse to testify in response to evidence offered against them. The Senate, obviously, is is not criminal court, where a judge would admonish a jury to ignore a defendant's silence and would punish a prosecutor who commented on it.

In an impeachment trial, the presiding officer is not duty-bound to punish a House manager for commenting on the defendant's silence. Nor will the presiding officer instruct the equivalent of the"jury" — the senators — whether they can consider a defendant's refusal to testify. That's because an impeachment trial is ultimately nothing like a judicial trial.

A judicial branch jury is selected for its neutrality. Senators, on the other hand, were elected to their positions specifically for their biases. They will give a former president's silence whatever weight they see fit, influenced by the same partiality that got them elected to the Senate in the first place.

 

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Is trump trying to invoke the Fifth Amendment by his silence? It appears to be so.

trumpweloveyou Trumpbestpresidentever

I hate that smug face

The KKK was officially dissolved by Republican President Ulysses Grant through the Civil Rights Act of 1871 (known as the Ku Klux Klan Act).

Warned? What? he gonna call Mossad in to threaten or frame them or what? They undoubtedly own the DOJ!!! Rosenstein Weismann and Goldstein Horowitz and Durham and Barr now Rosen and Weiss we been taken over/coup by the Bolsheviks just like they did Christian Russia!

However, there was a reaction that briefly led to the organization's decline, as southern elites saw the clan as a pretext for the activities of federal troops in the southern states.

The first incarnation of the Clan was founded in late 1865 by post-Civil War veterans who wanted to resist the restoration. The organization quickly adopted violent methods to achieve its goals.

as well as homophobia, anti-Catholicism. and anti-communism. 20 These organizations often resort to terrorism, violence and acts of intimidation, such as burning crosses, to impose their criteria and to suppress their victims.

Ku Klux Klan (KKK) is a term adopted by several 19 far-right organizations in the United States, established in the 19th century immediately after the Civil War, that primarily promoted white supremacy and thus racism, xenophobia and anti-Semitism,

What I'd like more than anything is for this liar to step up and further prosecute himself. Step up and tell your story as truthfully as you can.

He isn’t busy anymore so he should have more than enough time to stand on trial. He’s just cowardly.

He's not the President anymore, it's unbelievable . This is an embarrassing stupid show. What is so important to impeach a President who is no longer in office? .

He has images of the scene from 'A Few Good Men' in his head. 😆 'You can't handle the truth!'

Just like how they raked him over the coals for ignoring subpoenas, right

Please pull out the stops: 1.Subpoena Trump (truth or consequences) 2. Have a Senate vote to make trial votes a secret ballot. (Off ramp construction) 3. Make it clear that lying to the Senate during one’s oath is a Felony and criminal referrals will be made to DOJ. (Stick)

Trump's tweets can be used against him It's ludicrous Rep Senators stand with Trump on this impeachment Evidence of his influence are everywhere Trump flags hats banners shirts on full display Capitol insurrectionist YELLING Fight for Trump & THOSE AREN'T HIS SUPPORTERS? REALLY

check these ladies out: a sexuality councelor from california and a sexuality psychologist from seattle chatting about the country a few hours ago

Put him on the Stand, best television in History, ratings will never be beaten. It will be like roasting a squealing pig with nowhere to hide.

We will know the Senators by their votes. 2022 starts now.

Trump knows the GOP will give him a free pass no matter how many deaths he is responsible for. It’s a sick sad cult.

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Please, please, please, please, please!

I can't stomach looking at his disgusting face so creepy

If he's innocent he will. If he's guilty he won't.

Why can this man not wear bronzer correctly?

Any way we can do it, so we DONT have to liaten to him “talk” ? TrumpImpeachment

Usually if a person feels like they're Innocent, they Want to Yell it from the rooftops. If you're Guilty, like Trump, you go and hide away and hope you get away with it. The Senate MUST find Trump GUILTY.

Big surprise, a Democrat telling him to testify!!

The Democrats and their media ally NBC should know the time to bring in witnesses is at the House part of the impeachment process. The House was a kangaroo court allowing no witnesses or due process for the accused. NBC is a lying sack of Schiff about the Senate process.

Nobody tells the truth anymore, it’s like lying is cool thing to do. We can all See what your words have done!

Isn't this the same argument used against St. Thomas More?

There is no defense for the indefensible , yet Republican Senators are going to hang their head and let him walk. traitors

BS !! 5th amendment ! Stop acting like we do not have a Constitution !

MAKE HIM TESTIFY!! MAKE HIM BE PRESENT TO ENDURE HIS HANDY WORK!!

If yhey Didn't make the offer, the tramp team would have claimed yhat they didn't get a chance to testify... RockOverturned

He will be acquitted easily and won’t lose a second of sleep over this circus

So now we are going to force people to testify at their own trial? This is actually getting frightening.

Why are we pretending like the 5th amendment doesn’t exist?

This latest hormonal squeal from the biddies at Nancys henhouse will dismissed just as quickly as the last one And after the 2nd exoneration of all frivolous accusations is complete, the 2024 campaign will begin

jaketapper get your confused face ready for this one...

Impeach this son of a bitch. Show him what happens when you fuck with the US.

Don't warn, subpoena Trump.

WHAT DIFFERENCE DOES IT MAKE AT THIS POINT!!!

That's horrible

Raskin has personal problems he is avoiding. Very sad.

if someone is an honest person, telling the truth isn’t something they hide from with everything they have.

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