why do people testify in front of congress?

7960 · 07-17-2008, 11:56 AM

clemens was invited to testify, he didn't have to, and all he did was hurt himself.

clinton screwed himself with his testimony in front of congress but (again) he was not required to testify.

now people are bashing (is it Rove?) for not going....... I wouldn't go either!

wtf, why would anyone go sit in front of a bunch of people and answer questions, only so they can then turn around and research everything you've done to *figure*out*if* you've committed a crime? EVERYONE has committed a crime! Answer enough questions and they'll find a crime to charge you with.

You should NEVER talk.... here's 27 minutes on why you should never talk to the police. Congress (in this case) is no different. Why volunteer testimony?

"Don't Talk to the Police" by Professor James Duane

Donkey® · 07-17-2008, 12:12 PM

Originally Posted by 7960

clemens was invited to testify, he didn't have to, and all he did was hurt himself.

clinton screwed himself with his testimony in front of congress but (again) he was not required to testify.

now people are bashing (is it Rove?) for not going....... I wouldn't go either!

wtf, why would anyone go sit in front of a bunch of people and answer questions, only so they can then turn around and research everything you've done to *figure*out*if* you've committed a crime? EVERYONE has committed a crime! Answer enough questions and they'll find a crime to charge you with.

You should NEVER talk.... here's 27 minutes on why you should never talk to the police. Congress (in this case) is no different. Why volunteer testimony?

"Don't Talk to the Police" by Professor James Duane

I agree with the general statement "don't talk to the police" but I think this guy is a little wrong in some things he was saying. The first example he gave, number 1: on the list. He claims "your statement to the police can not be used to help you." Well, that's not completely true. If the prosecutor introduces your statement to the police as evidence...you may absolutely use it...which is the very example he gives. Also, I am not sure how it's hearsay if I am the one who actually said it. I can get on the stand and say "I said this to the police..." Now, how much credibility that has is pertinent to the case and person at hand I guess...

7960 · 07-17-2008, 12:18 PM

Originally Posted by Donkey®

I can get on the stand and say "I said this to the police..." Now, how much credibility that has is pertinent to the case and person at hand I guess...

But once you get on the stand you also have to answer all their OTHER questions. You can't just get up there and say "I said this" without also having to answer everything else they want to ask.

Donkey® · 07-17-2008, 12:21 PM

Originally Posted by 7960

But once you get on the stand you also have to answer all their OTHER questions. You can't just get up there and say "I said this" without also having to answer everything else they want to ask.

Yes. It's obviously a calculated risk.

7960 · 07-17-2008, 12:28 PM

Originally Posted by Donkey®

Yes. It's obviously a calculated risk.

So again, go back, why would anyone testify?

Donkey® · 07-17-2008, 12:38 PM

Originally Posted by 7960

So again, go back, why would anyone testify?

I never said people should. I was addressing what he said in that video...the particular points he made.

JaJae · 07-17-2008, 12:39 PM

Good video. I enjoyed it. It put it into a good perspective. However, that's not how most people view it. So when a celebrity or politician refuses to testify it seems to be an admission of guilt. But I agree, if I were Karl Rove and even if I was 100% innocent I wouldn't testify. Too many people are out to nail him.

Donkey® · 07-17-2008, 12:43 PM

Originally Posted by JaJae

Good video. I enjoyed it. It put it into a good perspective. However, that's not how most people view it. So when a celebrity or politician refuses to testify it seems to be an admission of guilt. But I agree, if I were Karl Rove and even if I was 100% innocent I wouldn't testify. Too many people are out to nail him.

I hate to say this but if I were Karl Rove I wouldn't even drive past a courtroom or go anywhere near that testimony. Even if they don't get him on the subject at hand, they will get him with something.

WickedLou9 · 07-17-2008, 12:44 PM

Originally Posted by 7960

So again, go back, why would anyone testify?

If you are subpoenad you ar required by law to testify. Aside from that I would not willingly put myself in a position where I might incriminate myself. Isn't that why we have the 5th ammendment?

Donkey® · 07-17-2008, 12:50 PM

Originally Posted by WickedLou9

If you are subpoenad you ar required by law to testify. Aside from that I would not willingly put myself in a position where I might incriminate myself. Isn't that why we have the 5th ammendment?

Even with the subpoena, you can take the 5th all you want while on the stand.

7960 · 07-17-2008, 01:02 PM

Originally Posted by Donkey®

I never said people should. I was addressing what he said in that video...the particular points he made.

Yeah, and I'll go with the defense lawyer turned professor who also happens to have a 20 year cop agree with everything he said, but thanks for you input.

7960 · 07-17-2008, 01:05 PM

Originally Posted by WickedLou9

If you are subpoenad you ar required by law to testify.

this was my point from the beginning.... clemens wasn't subpoenaed, neither was martha stewart or clinton or a bunch of other people who go to testify in front of congress. I understand they're probably hoping to avoid a trial by going and "telling their side" but it's not going to help.

WickedLou9 · 07-17-2008, 01:16 PM

Originally Posted by 7960

this was my point from the beginning.... clemens wasn't subpoenaed, neither was martha stewart or clinton or a bunch of other people who go to testify in front of congress. I understand they're probably hoping to avoid a trial by going and "telling their side" but it's not going to help.

They were stupid. Either that or they thought that they could get away with lying if they went to testify and not be put under oath. If you are subpoenaed you are put under oath and then if you lie there are criminal implications.

7960 · 07-17-2008, 01:21 PM

Originally Posted by WickedLou9

Either that or they thought that they could get away with lying if they went to testify and not be put under oath. If you are subpoenaed you are put under oath and then if you lie there are criminal implications.

and this again goes back to my question.......... why talk?

oh, you answered me

Originally Posted by you

They were stupid.

Donkey® · 07-17-2008, 01:22 PM

Originally Posted by 7960

Yeah, and I'll go with the defense lawyer turned professor who also happens to have a 20 year cop agree with everything he said, but thanks for you input.

And I could go out and find people to agree with me with more years in law enforcement and more tenure at a university...doesn't change the factual basis of the argument. He was incorrect in that situation or he was blatantly telling 1/2 the story to make sure it was all going along with his agenda. Anything I stated can be verified by any 1st year law student though.

WickedLou9 · 07-17-2008, 01:37 PM

Originally Posted by Donkey®

Even with the subpoena, you can take the 5th all you want while on the stand.

Can you be charged with obstruction of justice if you refuse to answer questions?

Donkey® · 07-17-2008, 01:46 PM

Originally Posted by WickedLou9

Can you be charged with obstruction of justice if you refuse to answer questions?

I believe it depends on the situation. If I recall correctly, reporters refusing to reveal sources get obstruction charges...which I never thought were legit but whatever. If you're taking the 5th because you are charged with a crime, I don't recall situations where they were charged. That's still a Constitutional rule/right. You don't have to say a word in those situations. BUT, if you have a key piece of knowledge in someone elses criminal enterprise, I think it's more likely a contempt or obstruction charge comes about if you were subpoenaed. Obstruction charges usually have a little more to them...but who knows. As McCoy has said a few times, he could get a walnut indicted if he wanted to.

kinggovernor · 07-17-2008, 05:29 PM

Originally Posted by WickedLou9

Can you be charged with obstruction of justice if you refuse to answer questions?

You can only refuse questions that would incriminate you, not every question.

Donkey® · 07-17-2008, 09:15 PM

Originally Posted by kinggovernor

You can only refuse questions that would incriminate you, not every question.

As you saw in the video ANY question can be used to incriminate you. Refusing them all is the way to go.

SoFlaJDM · 07-17-2008, 09:16 PM

Originally Posted by Donkey®

As you saw in the video ANY question can be used to incriminate you. Refusing them all is the way to go.

werd. remember the mark fuhrman testimony?