Speaker Johnson with the Exit sign above his head, time for his exit after siding with the Dems on not reforming the the FISA act and giving them another two years to be able to spy on Americans.

There are no coincidences to anything. What if this was by design, how can they spy on the cabal if they need a warrant to do so, when so many of the judges are also corrupt?

Do Not talk to the Police

The Right to Remain Silent: A New Answer to an Old Question

James J. Duane

Regent University – School of Law

Date Written: February 2, 2012


When a witness is summoned to testify before a grand jury or at a judicial or legislative proceeding, the lawyer for the witness frequently concludes that it may be in the client’s best interest to assert the Fifth Amendment “right to remain silent,” at least with respect to certain topics. The lawyer will often give the witness a card to read aloud when asserting that privilege. But precisely what words should the lawyer advise the client to read when invoking the Fifth Amendment privilege?

For more than 100 years, lawyers have shown surprisingly little imagination or ingenuity, advising their clients to state in almost exactly these words: “On the advice of counsel, I respectfully decline to answer on the grounds that it may tend to incriminate me.”

This article explains why that unfortunate language is never in the best interests of the witness, and why it naturally tends to sound to most listeners as if the witness is somehow admitting that he cannot tell the truth without confessing that he is guilty of some crime. The article also points out that this archaic invocation is not required by either the language or the theory of the Fifth Amendment, nor by the most recent controlling Supreme Court precedents. The article concludes with a suggestion for an entirely new formulation for invoking the privilege, one which gives greater protection to the rights of the witness and also more faithfully captures what the Supreme Court of the United States has written about the nature of this precious constitutional privilege.

Keywords: Fifth Amendment, self-incrimination, right to remain silent

JEL Classification: K10, K14, K00, K19, K20, K39, K40, K42, K49, Z00, I00

Suggested Citation:

Duane, James, The Right to Remain Silent: A New Answer to an Old Question (February 2, 2012). Criminal Justice, Vol. 25, No. 2, 2010, Available at SSRN:

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FTX Founder

????Lawyers for FTX founder Sam Bankman-Fried filed a notice of appeal of his federal fraud and conspiracy conviction and his 25-year prison sentence.

????Bankman-Fried’s appeal came two weeks after he was sentenced in U.S. District Court in Manhattan and ordered to pay $11 billion in forfeiture for the massive fraud at the cryptocurrency exchange and a related hedge fund, Alameda Research.

????The appeal, which was expected, will be heard by the 2nd Circuit U.S. Court of Appeals, which sits in Manhattan.

????If he loses his appeal, Bankman-Fried would have to petition the U.S. Supreme Court to take the case, and who knows where that will lead it. Making deals and getting a huge whistle to blow.