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Trump pleading the Fifth in New York isn’t just about hypocrisy [1]

['Aaron Blake', 'Staff Writer']

Date: 2022-02-18

What happens if you invoke the privilege against self-incrimination in a civil case?

1. You can do it, and you won’t be held in contempt for failing to testify. Though the provision says that no person “shall be compelled in any criminal case to be a witness against himself,” the Supreme Court has made clear that this extends to compelling a person to testify in a civil case, when that compelled testimony could later be used against him in a criminal case.

..

2. But a decision to take the Fifth may be used against a party in a civil case (if the party is the witness who refuses to testify, or is closely enough connected to the witness). In a criminal case, the judge and the prosecutor may not tell a jury “that it may draw an inference of guilt from a defendant’s failure to testify about facts relevant to his case.” But that’s not so in a civil case.

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[1] Url: https://www.washingtonpost.com/politics/2022/02/18/trumps-dilemma-pleading-fifth/

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