A question: Sen. Whitehouse statement that juries can

[Raven]

consider the fact that someone has taken the 5th in their decision making. Is that true? I thought it was just the opposite or am I confusing this with a defendant deciding not to testify in his/her own defense. Can someone enlighten me?

[loveandlight]

1. in civil cases

I understand that it is true in civil cases, not criminal cases. And I believe in his statement he clearly referenced civil cases in saying that.

[Deep13]

2. Yes, except for a criminal defendant.

If a criminal defendant elects not to testify or make a statement to the police etc., that cannot be used against him. If one of the other witnesses takes the 5th, that fact is relevant to the witness' credibility.

[northzax]

3. refusal to testify in your own defense is an extention of the 5th, I think

and in US v. Griffin, the Supreme Court held that juries cannot be instructed to take the refusal to testify as a factor against the defendant. of course they do, but they cannot be instructed to.

a Senate committe isn't trying anyone, so they can take whatever inferences they want from it.

[EVDebs]

4. The Libby trial showed that you must testify before a Grand Jury...

Is there a DC area US Attorney, uninfluenced by Bush, that can investigate this information of obstruction of justice in the White House since the Lam investigation of Cunningham/Foggo/Wilkes/CIA-GOP$ was heading their way ?

[wakeme2008]

5. Not true. unless you have a grant of immunity

But the rules are strange, you have to take the 5th on every question but a select few.

[EVDebs]

7. So why did Judith Miller go to jail again ? nt

[originalpckelly]

10. Because her testimony was not against herself. In no way could she...

be criminally liable for learning of Mrs. Wilson's identity.

However, she knew about her conversations with Scooter Libby, and was an important witness, so therefore had to testify or be held in contempt, as she was.

On the other hand, Mr. Libby never had to testify even once, which is one reason that his lies are so egregious because they were intended to mislead the investigation.

[rox63]

6. Every current US Atty was appointed by the * admin n/t

[cali]

8. Including Fitzgerald n/t

[originalpckelly]

9. In a criminal court, they may not infer guilt.

In other places, the Supreme Court has not ruled, though it's safe to say that pleading the 5th in court is a very different matter from a place of politics and soft power like the Senate, wherein there won't be hard power exercised on someone if guilt is inferred.