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d-14690House OversightDeposition

Deposition testimony discusses Fifth Amendment use in civil litigation and potential evidentiary linkage

The passage reveals a legal strategy discussion about invoking the Fifth Amendment and its possible adverse inference in civil cases, citing 11th Circuit precedent. While it hints at a procedural tact Witness acknowledges broad Fifth Amendment invocations in deposition. Discussion of using a person's Fifth Amendment claim as evidence against another party. Reference to 11th Circuit case law allowi

Date
November 11, 2025
Source
House Oversight
Reference
House Oversight #021941
Pages
1
Persons
0
Integrity
No Hash Available

Summary

The passage reveals a legal strategy discussion about invoking the Fifth Amendment and its possible adverse inference in civil cases, citing 11th Circuit precedent. While it hints at a procedural tact Witness acknowledges broad Fifth Amendment invocations in deposition. Discussion of using a person's Fifth Amendment claim as evidence against another party. Reference to 11th Circuit case law allowi

Tags

legal-strategycivil-litigationfifth-amendmentdepositionlegal-exposurehouse-oversightprocedural-tacticcourt-precedent

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Text extracted via OCR from the original document. May contain errors from the scanning process.
Oo O DN OO FF WwW NY =| NO RO PO PNP NM NO | S| S| HS SF S| S| S| S| S| non BP WO NO -|- ODO OO WDN OO OT BP WO NYO — 118 have been, in my view, Mr. Dershowitz. Q. At his deposition, he took the Fifth as to everyone he was asked about; isn't that true? A. I haven't looked at the depositions lately. There were also variations in tactics that he used. I recall for example, that sometimes when he was asked about a person, even if he knew that person, he would pretend not to know that person and try to communicate that, you know, maybe he didn't know that person. But he did he did have broad invocations of the Fifth Amendment in his deposition. I certainly wouldn't quarrel with you on that. Q. And you understand or I believe this was in your testimony that if a person takes the Fifth in response to a question in a civil litigation, that answer can be used against the person generally; is that right? A. Sure. Right. Q. Are you aware of any authority whatsoever that Person A taking the Fifth can be used as evidence against Person B? A. Yeah, we are sitting here in the -- let's see, we are in Florida, in the 11th Circuit, and that is -- there's 11th circuit case law that allows that to happen. I could give you the citation, you know, in ROUGH DRAFT ONLY

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