It was either that or the fifth and because it’s a civil trial taking the fifth can absolutely be used against you unlike a criminal trial so thats probably why she went with the “I dunno” defense
“i can’t recall” allows inferences too. Remember, it’s a civil trial so the bar is “a preponderance of the evidence”- which, as a standard, is that a claim is ‘more likely true than not true’;
the “i can’t recall” and the “i plead the fifth” are both a refusal to provide evidence, and that refusal allows the judge to make inferences about what you’re not providing evidence. That said, they’ve already lost the trial, and they’re probably going to get fucked even if she had perfect clarity… so the civil trial is more or less a lost cause (and a poltiical campaign point for Trump.). providing testimony might mitigate some of the fines… but probably would expose them to further criminal charges.
I’m not surprised this was her strategy. Seems likw the easiest way to avoid perjury.
It was either that or the fifth and because it’s a civil trial taking the fifth can absolutely be used against you unlike a criminal trial so thats probably why she went with the “I dunno” defense
“i can’t recall” allows inferences too. Remember, it’s a civil trial so the bar is “a preponderance of the evidence”- which, as a standard, is that a claim is ‘more likely true than not true’;
the “i can’t recall” and the “i plead the fifth” are both a refusal to provide evidence, and that refusal allows the judge to make inferences about what you’re not providing evidence. That said, they’ve already lost the trial, and they’re probably going to get fucked even if she had perfect clarity… so the civil trial is more or less a lost cause (and a poltiical campaign point for Trump.). providing testimony might mitigate some of the fines… but probably would expose them to further criminal charges.