4 ms·

Where's the district attorney? If someone is claiming the 5th because he might be incriminated that seems like pretty strong probable cause for a criminal inves

by guelo 10y ago

Where's the district attorney? If someone is claiming the 5th because he might be incriminated that seems like pretty strong probable cause for a criminal investigation.

woodandsteel 10y ago
This is a civil suit, the district attorney is for felony trials. Levandowski definitely seems to have committed a felony. What usually happens in these sorts of cases, from what I have read, is that the civil suit takes place first and establishes the facts, and then the felony trial takes place based on them.
JabavuAdams 10y ago
There's nothing wrong or shady about claiming the 5th. It's an important legal protection. Why would you seek to diminish or undermine something that might one day protect you?
- hiddencost 10y ago
  In civil cases you're allowed to draw adverse inferences. https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/08/28/what-happens-if-you-take-the-fifth-in-a-civil-case/?utm_term=.684fe112bb3d https://www.washingtonpost.com/news/volokh-conspiracy/wp/201... https://en.wikipedia.org/wiki/Adverse_inference https://en.wikipedia.org/wiki/Adverse_inference
- mikeyouse 10y ago
  There's a pretty big difference between your fifth amendment rights in civil cases vs. criminal cases. California extends more protections than many states in civil cases, but in many places it can absolutely be used against you in adverse inferences.. https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/08/30/what-happens-if-you-take-the-fifth-in-a-civil-case-an-important-california-law-correction/?tid=a_inl https://www.washingtonpost.com/news/volokh-conspiracy/wp/201...
- nikanj 10y ago
  On TV, claiming any of your legal rights means you're guilty - and trying to get away with it. Many people assume this also applies to the real world.
cdolan 10y ago
That's not how the 5th amendment works. It's not a flag you raise to say "nah nah, I'm not gonna tell you!" for the purpose of attracting a criminal lawsuit. That being said, "where there's smoke there's fire"... but pleading the 5th isn't always the drama we see in Law and Order and Making a Murderer - often individuals just don't want to be misconstrued and prosecuted for saying something and their words being taken out of context.

by guelo 10y ago

Where's the district attorney? If someone is claiming the 5th because he might be incriminated that seems like pretty strong probable cause for a criminal investigation.

woodandsteel 10y ago

This is a civil suit, the district attorney is for felony trials. Levandowski definitely seems to have committed a felony. What usually happens in these sorts of cases, from what I have read, is that the civil suit takes place first and establishes the facts, and then the felony trial takes place based on them.

JabavuAdams 10y ago

There's nothing wrong or shady about claiming the 5th. It's an important legal protection. Why would you seek to diminish or undermine something that might one day protect you?

hiddencost 10y ago
In civil cases you're allowed to draw adverse inferences. https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/08/28/what-happens-if-you-take-the-fifth-in-a-civil-case/?utm_term=.684fe112bb3d https://www.washingtonpost.com/news/volokh-conspiracy/wp/201... https://en.wikipedia.org/wiki/Adverse_inference https://en.wikipedia.org/wiki/Adverse_inference
mikeyouse 10y ago
There's a pretty big difference between your fifth amendment rights in civil cases vs. criminal cases. California extends more protections than many states in civil cases, but in many places it can absolutely be used against you in adverse inferences.. https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/08/30/what-happens-if-you-take-the-fifth-in-a-civil-case-an-important-california-law-correction/?tid=a_inl https://www.washingtonpost.com/news/volokh-conspiracy/wp/201...
nikanj 10y ago
On TV, claiming any of your legal rights means you're guilty - and trying to get away with it. Many people assume this also applies to the real world.

cdolan 10y ago

That's not how the 5th amendment works. It's not a flag you raise to say "nah nah, I'm not gonna tell you!" for the purpose of attracting a criminal lawsuit. That being said, "where there's smoke there's fire"... but pleading the 5th isn't always the drama we see in Law and Order and Making a Murderer - often individuals just don't want to be misconstrued and prosecuted for saying something and their words being taken out of context.