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Thursday, May 22, 2014 3:02:31 AM
Can she rule that it is obvious that lack of admissions to discovery implies guilt and one cannot force them to self incriminate hence pleading the fifth?
She can't say that not honoring a discovery order by the govt. implies guilt. Guilt is not an issue in a civil suite (and this is a civil action). But, she can say that it is contempt of court and order jail time for the party she determines to be in contempt. Also, one other advantage in a civil action is that the 5th Amendment does not apply. Documents cannot claim a constitutional protection. Also, in a contempt action the court is not asking for testamony. The action of the party (who is in contempt) is known to the court to not be abiding by the court's order.
But even if Judge Sweeney found the govt in contempt, it could be appealed. It just goes on and on.
Oh FnF, that you would be free.
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