Wedding Photographer Spent a Year in Jail After Pleading the Fifth
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Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth
#2This is a loop hole that is often exploited to punish people without the application of due process.
Terrible.
Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth
#3This is a loop hole that is often exploited to punish people without the application of due process. Terrible.
He doesn't have the right to plead the 5th to avoid testifying against anyone but himself or his spouse, so his attempts to plead the 5th were just nonsense. Making an issue now seems to me like the "justice" connected criminals he was protecting by his contempt are somehow more worthy of rights than everyone they have used this tool on.
Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth
#4This is a loop hole that is often exploited to punish people without the application of due process. Terrible.
When you say loophole, do you mean the fact you have no 5A right against self incrimination once you are grAnted immunity? Or something else?
Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth
#5This is a loop hole that is often exploited to punish people without the application of due process. Terrible.
He doesn't have the right to plead the 5th to avoid testifying against anyone but himself or his spouse, so his attempts to plead the 5th were just nonsense. Making an issue now seems to me like the "justice" connected criminals he was protecting by his contempt are somehow more worthy of rights than everyone they have used this tool on.
One always has the right to remain silent, for any reason. Compelled speech is immoral. (And rights do not come from the government)
The people telling you otherwise are not interested in protecting you or anyone else.
Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth
#6The guy happened to be a photographer, but his being subpoenaed and held in contempt had to do with him refusing to testify against his corrupt DEA brother. He “pled the Fifth” to avoid, in his own words, testifying against his brother, which is not what the 5th Amendment protects. His lawyer claimed he was pleading the 5th to prevent accidentally perjuring himself, but there’s no such thing as accidentally perjuring oneself. Prosecutors have to prove you willfully and knowingly told a falsehood.
This is just someone paying the cost they have to pay to protect their criminal brother.
Seems like due process working well AFAICT.
Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth
#7Earlier quoted context omitted.
He doesn't have the right to plead the 5th to avoid testifying against anyone but himself or his spouse, so his attempts to plead the 5th were just nonsense. Making an issue now seems to me like the "justice" connected criminals he was protecting by his contempt are somehow more worthy of rights than everyone they have used this tool on.
One always has the right to remain silent, for any reason. Compelled speech is immoral. (And rights do not come from the government) The people telling you otherwise are not interested in protecting you or anyone else.
Rights don’t come from your government but the protection of those rights does, so tomato tomato.
Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth
#8This is a loop hole that is often exploited to punish people without the application of due process. Terrible.
He doesn't have the right to plead the 5th to avoid testifying against anyone but himself or his spouse, so his attempts to plead the 5th were just nonsense. Making an issue now seems to me like the "justice" connected criminals he was protecting by his contempt are somehow more worthy of rights than everyone they have used this tool on.
Nitpick: When you refuse to testify against your spouse you are invoking spousal communication privilege, or spousal testimonial privilege, not 5A.
Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth
#9This is a loop hole that is often exploited to punish people without the application of due process. Terrible.
He doesn't have the right to plead the 5th to avoid testifying against anyone but himself or his spouse, so his attempts to plead the 5th were just nonsense. Making an issue now seems to me like the "justice" connected criminals he was protecting by his contempt are somehow more worthy of rights than everyone they have used this tool on.
> He doesn't have the right to plead the 5th to avoid testifying against anyone but himself or his spouse, so his attempts to plead the 5th were just nonsense
That’s not true, you can invoke the Fifth anytime testimony might incriminate you, regardless of who it is directly against. If this is founded (which may itself be contested if it isn’t directly against yourself), you can’t be compelled to testify unless the potential for self-incrimination is neutralized by immunity.
However, in this case there was no real self-incrimination concern.
Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth
#10Earlier quoted context omitted.
He doesn't have the right to plead the 5th to avoid testifying against anyone but himself or his spouse, so his attempts to plead the 5th were just nonsense. Making an issue now seems to me like the "justice" connected criminals he was protecting by his contempt are somehow more worthy of rights than everyone they have used this tool on.
> He doesn't have the right to plead the 5th to avoid testifying against anyone but himself or his spouse, so his attempts to plead the 5th were just nonsense That’s not true, you can invoke the Fifth anytime testimony might incriminate you, regardless of who it is directly against. If this is founded (which may itself be contested if it isn’t directly against yourself), you can’t be compelled to testify unless the p…
Yes, I meant the 5th is only to avoid testimony incriminating himself, which he couldn't do.