2016 Postmortem
Related: About this forumcomment from WaPo on Pagliano plea
Jan Loll
3:04 AM PDT [Edited]
'Counsel for Mr. Pagliano shall file a Memorandum of Law addressing the legal authority upon which Mr. Pagliano relies to assert his Fifth Amendment rights in this civil proceeding,' Sullivan ordered in a brief note in the court docket Friday afternoon.
"Sullivan also told Paglianos lawyers to include 'requisite details pertaining to the scope' of an immunity agreement reported by The Washington Post in March, reached between him and the Justice Department in an FBI criminal investigation of the handling of classified information in Clintons email setup."
The 2nd one I understand, but the first one had me puzzled, until I read https://www.washingtonpost.com/news/volokh-conspir... where it notes that the Supreme Court has ruled that one can use the fifth amendment in a civil case, "when that compelled testimony could later be used against him in a criminal case."
Perhaps this is to try to force Pagliano to admit that there is a criminal case regarding the matter that he would otherwise risk criminal prosecution under?
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YouDig
(2,280 posts)JonLeibowitz
(6,282 posts)YouDig
(2,280 posts)What is the preferred shorthand term for "Bernie Sanders supporter"?
JonLeibowitz
(6,282 posts)YouDig
(2,280 posts)I don't mean anything by it, I go with Berner, Hiller, and Trumper. SHort and simple. Somehow I think that Berniac is going to be perceived even worse, because it carries "maniac" implications. But I'll try. If I get a hide it's your fault.
JonLeibowitz
(6,282 posts)grasswire
(50,130 posts)YouDig
(2,280 posts)Like not at all? Like a little at least?
libdem4life
(13,877 posts)Hint: Not one of the goats.
SpareribSP
(325 posts)It's also going to be unknown if him pleading the fifth is something covered by the immunity in the deposition without it. It doesn't matter that much much because the FBI will know, though. I think more than anything it's just bringing information out into the public eye.
HereSince1628
(36,063 posts)the FBI may not be too interested but I would think Pagliano's lawyers want the immunity interpreted to be as broad as possible.
Babel_17
(5,400 posts)There's so much detail to criminal law as it pertains to national security. Rarely do we see "intent" get the discussion it deserves.
thesquanderer
(11,982 posts)You suggest, "Perhaps this is to try to force Pagliano to admit that there is a criminal case regarding the matter that he would otherwise risk criminal prosecution under?"
but does it have to be an existing criminal case? For example, what if your testimony in a civil case could implicate you in a criminal event that no one knows happened? So even though no criminal case exists, you could know that one might exist in the future (or might even come into existence *based* on the testimony), right? Maybe that applies here? Immunity could protect you from prosecution in one particular criminal case, but there could be more than one existing or potential criminal case you could possible have exposure in.
grasswire
(50,130 posts)We have NO idea how deep the corruption is.
And that, I suppose, is why prosecuting attorneys probe so strategically. To see where sensitivity might be.