Indictments coming...

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Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,684
136
so, we're like, locking her up...right?

It's always been a mindless chant to warm up the crowd for the great Trumpolini. Go team go! Sis-boom-bah! Rah-rah-rah! Block that kick! Hold the line! Drain the swamp!

He'll probably be using live cheerleaders before it's over.
 

ch33zw1z

Lifer
Nov 4, 2004
39,307
20,018
146
It's always been a mindless chant to warm up the crowd for the great Trumpolini. Go team go! Sis-boom-bah! Rah-rah-rah! Block that kick! Hold the line! Drain the swamp!

He'll probably be using live cheerleaders before it's over.
probably, dancing on the wall that mexico is gonna pay for.
 
Nov 30, 2006
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More data coming into alignment on Trump from the Comey and Priebus notes.

I don't see how this is significant. Trump was told by Comey 3 times that he wasn't under investigation. Looks to me that he was pissed Comey didn't go public with that info. Does this rise to the level of obstruction? Not a lawyer...but I would think not.

Anyway, I hear Mueller is currently working with Trump's lawyers to set up an interview. I wonder if they'll record the interview and have him sworn in.
 
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K1052

Elite Member
Aug 21, 2003
51,605
44,181
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Trump's lawyers won't let Mueller within a country mile of Trump. It would be criminal incompetence on their part to allow such a meeting.

Excessive competence, thus far, has not been in great supply on Trump's legal team.
 

fskimospy

Elite Member
Mar 10, 2006
87,500
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Trump's lawyers won't let Mueller within a country mile of Trump. It would be criminal incompetence on their part to allow such a meeting.

I'm sure they will try their best to avoid it but in the end Trump will have to comply if Mueller presses the issue. Bill Clinton was forced to give a deposition and that was in a civil case. For a criminal, national security case like this the odds of Trump getting away with refusing are zero. This is why they are trying to convince Mueller to let Trump respond in writing as opposed to an in-person deposition. They know they can't avoid it completely so they are trying to make it into a take home test so it's much harder to catch Trump perjuring himself. (because he won't actually write any of the answers)

As a criminal defense lawyer though yes, I can't imagine a more stressful situation than having my client deposed by the FBI in a criminal investigation when my client is Donald Fucking Trump. He's not just a degenerate liar in general, it appears he's almost completely uncoachable. Maybe he would take it more seriously if they can impress upon him that this could likely end with him in prison? Maybe?
 

bshole

Diamond Member
Mar 12, 2013
8,315
1,215
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I'm sure they will try their best to avoid it but in the end Trump will have to comply if Mueller presses the issue. Bill Clinton was forced to give a deposition and that was in a civil case. For a criminal, national security case like this the odds of Trump getting away with refusing are zero. This is why they are trying to convince Mueller to let Trump respond in writing as opposed to an in-person deposition. They know they can't avoid it completely so they are trying to make it into a take home test so it's much harder to catch Trump perjuring himself. (because he won't actually write any of the answers)

As a criminal defense lawyer though yes, I can't imagine a more stressful situation than having my client deposed by the FBI in a criminal investigation when my client is Donald Fucking Trump. He's not just a degenerate liar in general, it appears he's almost completely uncoachable. Maybe he would take it more seriously if they can impress upon him that this could likely end with him in prison? Maybe?

What about the 5th and self-incrimination? When did we forfeit that right?

It is entirely obvious to me that if Trump gets interviewed, they will at a minimum get him in a ticky-tacky lie..... they ALWAYS do. Trump is incapable of honesty and thus any interview with the FBI would result in him getting caught in one lie or another and therefor borders on entrapment. I have seen so many FBI investigations where the only thing they get on the subject is lying to the FBI.

If it were me, I would plead the 5th on everything. If they didn't take that, everything would be "I may be wrong, but I think I might have done X but I am not sure. If you have evidence that I did Y instead I would trust your evidence more than my memory."
 
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fskimospy

Elite Member
Mar 10, 2006
87,500
54,307
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What about the 5th and self-incrimination? When did we forfeit that right?

We didn't! The 5th amendment doesn't prevent him from being deposed, it just means that he doesn't have to answer specific questions from Mueller if doing so would implicate him in a crime.

I would have to say though in the list of things a president could do to get himself impeached coming straight out and saying 'I have committed a crime' has to be up there.
 
Feb 4, 2009
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I'm sure they will try their best to avoid it but in the end Trump will have to comply if Mueller presses the issue. Bill Clinton was forced to give a deposition and that was in a civil case. For a criminal, national security case like this the odds of Trump getting away with refusing are zero. This is why they are trying to convince Mueller to let Trump respond in writing as opposed to an in-person deposition. They know they can't avoid it completely so they are trying to make it into a take home test so it's much harder to catch Trump perjuring himself. (because he won't actually write any of the answers)

As a criminal defense lawyer though yes, I can't imagine a more stressful situation than having my client deposed by the FBI in a criminal investigation when my client is Donald Fucking Trump. He's not just a degenerate liar in general, it appears he's almost completely uncoachable. Maybe he would take it more seriously if they can impress upon him that this could likely end with him in prison? Maybe?

From previous court cases apparently a completely different Trump shows up to court rooms.
 

bshole

Diamond Member
Mar 12, 2013
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We didn't! The 5th amendment doesn't prevent him from being deposed, it just means that he doesn't have to answer specific questions from Mueller if doing so would implicate him in a crime.

I would have to say though in the list of things a president could do to get himself impeached coming straight out and saying 'I have committed a crime' has to be up there.

Ok then, if his lawyers have any competence whatsoever, Trump will plead the 5th on everything. It is common knowledge that the entire point of these things is for the FBI to catch the person in a lie so they can prosecute him for that. Ask Martha Stewart about that.

Trump isn't going to get impeached. His supporters would run the Republicans out on a rail if they did such thing.
 

fskimospy

Elite Member
Mar 10, 2006
87,500
54,307
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Ok then, if his lawyers have any competence whatsoever, Trump will plead the 5th on everything. It is common knowledge that the entire point of these things is for the FBI to catch the person in a lie so they can prosecute him for that. Ask Martha Stewart about that.

Trump isn't going to get impeached. His supporters would run the Republicans out on a rail if they did such thing.

If that were a viable legal strategy everyone ever questioned by the FBI would do that. It is not. If I'm not mistaken the next step would be Mueller going before a federal judge to have the judge compel Trump to testify. Basically he would be asserting that Trump is asserting 5th amendment protection where none exists. (ie: to avoid answering questions as opposed to not answering a question that could actually incriminate him) One of two things would result from that, both of which are very bad for Trump. Either the judge would find that Trump was falsely invoking the 5th amendment, thus forcing him to testify, or they would say he had correctly invoked it, meaning a federal judge has just come out and said the president is a criminal.

As for if Trump will be impeached or not if you think that nothing he does will merit his removal from office then this investigation doesn't matter anyway. I mean why waste time invoking the 5th when you can just say whatever you want and it won't mater?
 

bshole

Diamond Member
Mar 12, 2013
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If that were a viable legal strategy everyone ever questioned by the FBI would do that. It is not. If I'm not mistaken the next step would be Mueller going before a federal judge to have the judge compel Trump to testify. Basically he would be asserting that Trump is asserting 5th amendment protection where none exists. (ie: to avoid answering questions as opposed to not answering a question that could actually incriminate him) One of two things would result from that, both of which are very bad for Trump. Either the judge would find that Trump was falsely invoking the 5th amendment, thus forcing him to testify, or they would say he had correctly invoked it, meaning a federal judge has just come out and said the president is a criminal.

As for if Trump will be impeached or not if you think that nothing he does will merit his removal from office then this investigation doesn't matter anyway. I mean why waste time invoking the 5th when you can just say whatever you want and it won't mater?

So if they override your 5th amendment protection and force you to testify against your will and what you testify to incriminates you, they can imprison you for that? WTF kind of country do we live in? We really don't have protections against self-incrimination, we just say we do?
 

fskimospy

Elite Member
Mar 10, 2006
87,500
54,307
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So if they override your 5th amendment protection and force you to testify against your will and what you testify to incriminates you, they can imprison you for that? WTF kind of country do we live in? We really don't have protections against self-incrimination, we just say we do?

Huh? No, precisely the opposite. Again, this is all from my layman's understanding but I believe in this case after reviewing the evidence a judge determines your testimony is actually likely to incriminate you or not. If it isn't then no 5th amendment protection exists because...well... the 5th only protects against self incrimination. It does not protect against questions you just don't want to answer so if no crime were implicated by Trump's answers he cannot take the 5th. Think about it, if you can just invoke the 5th amendment any time you want, regardless of whether or not your answer would incriminate you, then no one would ever answer any adversarial question in any legal proceeding... ever. In a divorce: were you sleeping with someone else? Plead the fifth. In a contract dispute: is that your signature on the contract? Plead the fifth. See what a disaster that would be?

Mueller could also grant immunity to Trump and then he would be forced to answer as well, which would be an interesting play. It would mean that Trump couldn't be (federally) prosecuted but assuming the conduct was bad enough it could dramatically increase the odds of impeachment.
 
Nov 30, 2006
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So if they override your 5th amendment protection and force you to testify against your will and what you testify to incriminates you, they can imprison you for that? WTF kind of country do we live in? We really don't have protections against self-incrimination, we just say we do?
Just say "I don't recall" and nobody can do a damn thing about it.
 

jackstar7

Lifer
Jun 26, 2009
11,679
1,944
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Just say "I don't recall" and nobody can do a damn thing about it.
I look forward to this person with the best memory once again finding it difficult to remember anything.

I'm also willing to bet that whomever handles the questioning would have a strategy to work him into forgetting that he's supposed to have forgotten everything.
 

bshole

Diamond Member
Mar 12, 2013
8,315
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Huh? No, precisely the opposite. Again, this is all from my layman's understanding but I believe in this case after reviewing the evidence a judge determines your testimony is actually likely to incriminate you or not. If it isn't then no 5th amendment protection exists because...well... the 5th only protects against self incrimination. It does not protect against questions you just don't want to answer so if no crime were implicated by Trump's answers he cannot take the 5th. Think about it, if you can just invoke the 5th amendment any time you want, regardless of whether or not your answer would incriminate you, then no one would ever answer any adversarial question in any legal proceeding... ever. In a divorce: were you sleeping with someone else? Plead the fifth. In a contract dispute: is that your signature on the contract? Plead the fifth. See what a disaster that would be?

Mueller could also grant immunity to Trump and then he would be forced to answer as well, which would be an interesting play. It would mean that Trump couldn't be (federally) prosecuted but assuming the conduct was bad enough it could dramatically increase the odds of impeachment.


Well my argument would be that in this situation, the entire point of the interview is to catch me in a lie. I could point out the stats indicating the number of times that FBI has convicted on nothing except a lie told to them. I am not perfect and neither is my memory. If I misremember any detail no matter how small, I am going down. Basically a forced interview by the FBI is barely above entrapment. I am not aware of a case were the FBI were going after somebody where they didn't eventually get them via this method if they were unable to get them for the purported reason for the interview. This method appears escape proof. Even if I was completely innocent of any criminal wrongdoing, I would be terrified of a forced interview by the FBI where they were trying to nail me for something I did not do. Pretty sure they would get me on the lying bit.

“It’s a pretty easy charge,” white collar defense attorney Solomon Wisenberg told Newsweek, explaining why a false statement rap is so useful to prosecutors: “All you have to prove is that they lied to a federal agent about a material matter. It doesn’t have to be under oath.”

He added, “They didn’t charge Martha with insider trading, that’s a hard thing to prove. It’s a lot easier to say she came in and lied to us.”

Defense attorney Wisenberg, who was Ken Starr’s deputy in the Monica Lewinsky investigation and questioned President Bill Clinton in a grand jury, criticized the false statement charge. He said that prosecutors can use the charge to prosecute someone who misremembers a small detail in an interview with FBI agents.

http://www.newsweek.com/michael-flynn-martha-stewart-charged-lying-fbi-728874
 

fskimospy

Elite Member
Mar 10, 2006
87,500
54,307
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Agree...but even he can't hold a candle compared to Hillary Diane Rodham Clinton.

https://www.washingtonpost.com/news...-in-her-fbi-interview/?utm_term=.f938cb75a2dd

Hmm, it would sure appear he can! If these two accounts are accurate not only did Sessions 'forget' a greater quantity of things, he 'forgot' about much, MUCH more serious things.

https://www.wired.com/story/everything-jeff-sessions-did-not-recall-under-oath/

More importantly, look at the kinds of things Sessions says he can't remember as compared to the ones Clinton couldn't remember. Clinton couldn't remember if she had briefings on State Department email procedures. Honestly I can't remember if I ever had a briefing on DoD email procedures although it's likely I did. Regardless, not being able to remember that doesn't mean a lot in the scheme of things. Then look at what Sessions said he couldn't remember: meetings by himself and Trump's team with the Russian ambassador and other officials, who changed the Republican platform to deny weapons to Ukraine, the circumstances around James Comey's firing, etc.
 

fskimospy

Elite Member
Mar 10, 2006
87,500
54,307
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Well my argument would be that in this situation, the entire point of the interview is to catch me in a lie. I could point out the stats indicating the number of times that FBI has convicted on nothing except a lie told to them. I am not perfect and neither is my memory. If I misremember any detail no matter how small, I am going down. Basically a forced interview by the FBI is barely above entrapment. I am not aware of a case were the FBI were going after somebody where they didn't eventually get them via this method if they were unable to get them for the purported reason for the interview. This method appears escape proof. Even if I was completely innocent of any criminal wrongdoing, I would be terrified of a forced interview by the FBI where they were trying to nail me for something I did not do. Pretty sure they would get me on the lying bit.

http://www.newsweek.com/michael-flynn-martha-stewart-charged-lying-fbi-728874

The idea that if you say anything to the FBI that later turns out incorrect that you're going to prison is nonsense. You're correct to be concerned about an interview with the FBI as that's serious business, but let's not be hysterical here.

Regardless, your reasoning here is circular. You can't say what amounts to 'If I answer this question I'm going to lie to you, thus incriminating myself, therefore I plead the fifth.' You do not get a blanket immunity on all statements because you plan on being dishonest.
 

Pens1566

Lifer
Oct 11, 2005
13,320
10,724
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The negotiations for his testimony are a defense tactic. They want none (if possible, highly unlikely), then written questions with written responses. Anything else is a huge L for his defense team. If he refuses, Mueller can issue a GJ subpoena. They can then respond with "he'll plead the 5th to everything". That's where it'll get fun. Can't have the optics of President "No Collusion" pleading the 5th to questions without it looking really terrible.

My prediction : Mueller has to go the GJ subpoena route. Trump declines and fights it based on some twisting of privilege (executive maybe), and it gets legally messy.

Having said all that, the news that they're now looking to question him is YUGE. This is the clearest indication, and short of a gold lettered invitation, the closest you'll ever get, that the president himself is a target of the investigation. You don't talk to everyone else, roll up subordinates, and then interview someone at the end if you aren't going after them. Cheeto Musolini is likely shitting in his depends right now. And rightfully so.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,684
136
Fski is mistaken wrt the 5th amendment. WRT criminal investigations, we all have the right to remain silent unless a grant of immunity is forced upon us.
 
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