Michael Cohen asserting his Fifth Admendment Rights in Stormy Daniels Case: Just Filed

[DylanUSC]

Ari Melber Show

[bluestarone]

1. GRAND JURY TIME????

Oh maybe i forgot this is civil trial. Maybe no grand jury?

[Kaleva]

3. I don't think one can plead the 5th in a civil trial.

[Sophia4]

7. Yes. A person can.

But in California, he or she could be asked to explain his or her reasons for pleading it to someone. So we shall see.

A person cannot plead the Fifth simply because he or she does not want to testify or respond to discovery or questions. It's not that simple in California courts. I don't know how it is in federal court. But it is probably similar.

[Kaleva]

12. Did some more reading on it

One can plead the 5th in a civil trial if the testimony may be used against them later in a criminal trial.

[Sophia4]

15. Right. And obviously, the Fifth does no apply for people who have already been

convicted of the crime.

[Kali]

29. yes they can.

I was on a big federal case as a juror and the main defendant and some of the witnesses involved did plead the 5th. (Charles Keating's civil case that was heard in Tucson)

http://articles.latimes.com/1992-03-19/business/fi-6023_1_fraud-trial

[poboy2]

2. I think Avaratti called it last week. -nt

[Leghorn21]

11. April 12, poboy:

Link to tweet

?s=20

JUST IN: Stormy Daniels' attorney @MichaelAvenatti says Trump's lawyer Michael Cohen will "plead the 5th amendment against self incrimination" and he "will seek an emergency stay" against the defamation lawsuit.

[poboy2]

17. Thanks- His latest as of 5 minutes ago...

Michael Avenatti
‏
Verified account

@MichaelAvenatti
5m5 minutes ago

And yes, my record of prediction stays intact. We will keep shooting until we miss. #searchforthetruth #basta
64 replies 132 retweets 545 likes
Reply 64 Retweet 132 Like 545

Michael Avenatti
‏
Verified account

@MichaelAvenatti
6m6 minutes ago
More
This is a stunning development. Never before in our nation’s history has the attorney for the sitting President invoked the 5th Amend in connection with issues surrounding the President. It is esp. stunning seeing as MC served as the “fixer” for Mr. Trump for over 10 yrs. #basta
201 replies 752 retweets 1,671 likes
Reply 201 Retweet 752 Like 1.7K

https://twitter.com/MichaelAvenatti?ref_src=twsrc%5Etfw&ref_url=https%3A%2F%2Fwww.democraticunderground.com%2F100210538714

[Leghorn21]

19. Ha, I just posted same downthread! Mr. Avenatti is verrry quick to respond to

“current events” as they unfold!!

Good times!!

[cilla4progress]

28. Appreciate him

Contextualizing the breaking news. He
tells it like it is and takes no prisoners.

[poboy2]

32. Ananatti on LO right now

[Leghorn21]

35. Just watched on delay, thanks!! nt

[Gothmog]

4. For this thread

Link to tweet

[raven mad]

5. Major KICK!

Wow.

[ismnotwasm]

6. Bahahahahhahaha!

[a kennedy]

8. One giant piece of the plan......

[onenote]

9. There is a reason why you don't often see someone plead the Fifth in a civil trial

That reason, as I understand it (and any litigators reading this should weigh in if I have it wrong), is that when one pleads the Fifth in a criminal trial, the jury is instructed not to draw any negative inference from the witness' refusal to testify. However, in a civil trial, the jury (or judge if no jury) CAN draw a negative inference when a witness invokes the Fifth. Which could put Mr. Cohen in something of a bad positon in the civil litigation.

[gratuitous]

13. I think Cohen has adopted the Major Kong mindset

Like the character in "Dr. Strangelove," Michael Cohen is going to ride this bomb right down to the ground. Cowboy hat waving and screaming "Yahoo" are probably optional, but when you know you're seconds away from being vaporized, why not?

[missingthebigdog]

27. This is correct.

Pleading the fifth in a civil trial is nearly always seen as an admission of guilt.

[Glimmer of Hope]

34. Oh my.

[triron]

36. Avenatti seems to think it's a very big deal.

[Kali]

30. correct

(not a litigator, was on a jury for a federal civil trial where those were our instructions)

[yardwork]

33. Then, Cohen must be very fearful of criminal charges.

[bluestarone]

10. CNN just played a video of RUMP way back saying

IF YOUR INNOCENT WHY WOULD YOU TAKE THE FIFTH AMENDMENT!!!!!!! I LOVE IT!!!!!!!!!!!1

[Leghorn21]

14. A relevant Avenatti tweet, blue!:

Link to tweet

?s=20

I predict this is about to become HIGHLY relevant in the coming days….
“The mob takes the Fifth,” [Mr. Trump] said at an Iowa campaign rally in September. “If you're innocent, why are you taking the Fifth Amendment?” http://wapo.st/2qLy4EU?tid=ss_tw-bottom&utm_term=.2f8202a73b85 …

[bluestarone]

16. AH! TY for this

AWESOME!!!!!!!!!!!!!

[Leghorn21]

18. My pleasure, and heres Avenatti from a few minutes ago:

Link to tweet

?s=20

This is a stunning development. Never before in our nation’s history has the attorney for the sitting President invoked the 5th Amend in connection with issues surrounding the President. It is esp. stunning seeing as MC served as the “fixer” for Mr. Trump for over 10 yrs. #basta

[bluestarone]

20. AGAIN LOVE IT!!!!!!!!!!!!!!

[Leghorn21]

25. Here, blue: *Fifth Amendment* now trending at #8 -

https://mobile.twitter.com/search?q=%22Fifth+Amendment%22

Too much fun, I tells ya!!

[Scurrilous]

21. Trump's right for a change...in this instance the mob is taking the Fifth.

[Leghorn21]

22. Aint it grand, S??! As soon as something goes down, people pop up with

just the right quote or tweet or video on LOSER45!!

LOVIN IT!!

[Scurrilous]

23. ...

[Leghorn21]

24. Oh fun, *Fifth Amendment* trending at #8!

https://mobile.twitter.com/search?q=%22Fifth+Amendment%22

[Crutchez_CuiBono]

26. "Only guilty people"

"plead the fifth." dt. 2016 election.

[mitch96]

31. Love the #basta!

ENOUGH!
m