berg80
Diamond Member
- Oct 28, 2017
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In civil litigation in federal court, a witness's invocation of the Fifth Amendment may give rise to an adverse inference “when independent evidence exists of the fact to which the party refuses to answer.”
That's why the Orange Fraud says he will testify in the NY fraud case. If he pleads the 5th the judge has the discretion to consider the evidence presented by the plaintiff as unchallenged.
Of course with Don's propensity for lying he runs the risk of perjuring himself. Or being held in contempt if he decides to insult the judge. Seems like a lose, lose.
That's why the Orange Fraud says he will testify in the NY fraud case. If he pleads the 5th the judge has the discretion to consider the evidence presented by the plaintiff as unchallenged.
Of course with Don's propensity for lying he runs the risk of perjuring himself. Or being held in contempt if he decides to insult the judge. Seems like a lose, lose.