HOUSE_OVERSIGHT_021942.jpg
1.39 MB
Extraction Summary
2
People
3
Organizations
0
Locations
1
Events
0
Relationships
3
Quotes
Document Information
Type:
Deposition transcript / legal proceeding (rough draft)
File Size:
1.39 MB
Summary
This document is page 119 of a rough draft transcript, likely from a House Oversight deposition. It features a Q&A regarding legal theory, specifically whether an 'adverse inference' can be drawn against a subject when a related witness invokes the Fifth Amendment. The witness explains that under the 11th Circuit's jurisdiction, a 'four-factor test' is applied to determine if such an inference is valid, weighing factors like the relationship between parties and the degree of control one has over the other.
Organizations (3)
| Name | Type | Context |
|---|---|---|
| 11th Circuit |
Court of Appeals mentioned as the jurisdiction with a specific four-factor test.
|
|
| WesLaw |
Legal research database (Westlaw) mentioned by the witness.
|
|
| House Oversight Committee |
Implied by the Bates stamp 'HOUSE_OVERSIGHT'.
|
Key Quotes (3)
"In your mind, if you have a witness who is asked about a long litany of persons and he takes the Fifth Amendment in response to all of them, is it fair to draw an adverse inference as to the other person?"Source
HOUSE_OVERSIGHT_021942.jpg
Quote #1
"The 11th Circuit... has a four-factor test that says, look, you can't just draw an adverse inference against someone in every circumstance, you have to balance various factors."Source
HOUSE_OVERSIGHT_021942.jpg
Quote #2
"I think there are two things here that would lead to the conclusion that under the four-factor balancing test, the adverse inference could be used in the 11th Circuit"Source
HOUSE_OVERSIGHT_021942.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,247 characters)
119
1 about five minutes if you know me take a break, I can
2 give you the case.
3 Q. We -- we -- we can come back to it.
4 A. Okay.
5 Q. In your mind, if you have a witness who is
6 asked about a long litany of persons and he takes the
7 Fifth Amendment in response to all of them, is it fair
8 to draw an adverse inference as to the other person?
9 A. Okay. So now this will be about a
10 three-minute answer, if that's okay, and I would say the
11 answer to that question is, yes, and I want to explain
12 why.
13 The 11th Circuit I'll give you the name, if I
14 have a chance to look at WesLaw or something like that
15 has a four-factor test that says, look, you can't just
16 draw an adverse inference against someone in every
17 circumstance, you have to balance various factors.
18 And so you have to look at the relationship
19 between the parties and things like that, the degree of
20 control that one person has over another party.
21 Different factors that you would look at.
22 And so I -- I think there are two things here
23 that would lead to the conclusion that under the
24 four-factor balancing test, the adverse inference could
25 be used in the 11th Circuit and recall that the crime
1 about five minutes if you know me take a break, I can
2 give you the case.
3 Q. We -- we -- we can come back to it.
4 A. Okay.
5 Q. In your mind, if you have a witness who is
6 asked about a long litany of persons and he takes the
7 Fifth Amendment in response to all of them, is it fair
8 to draw an adverse inference as to the other person?
9 A. Okay. So now this will be about a
10 three-minute answer, if that's okay, and I would say the
11 answer to that question is, yes, and I want to explain
12 why.
13 The 11th Circuit I'll give you the name, if I
14 have a chance to look at WesLaw or something like that
15 has a four-factor test that says, look, you can't just
16 draw an adverse inference against someone in every
17 circumstance, you have to balance various factors.
18 And so you have to look at the relationship
19 between the parties and things like that, the degree of
20 control that one person has over another party.
21 Different factors that you would look at.
22 And so I -- I think there are two things here
23 that would lead to the conclusion that under the
24 four-factor balancing test, the adverse inference could
25 be used in the 11th Circuit and recall that the crime
ROUGH DRAFT ONLY
HOUSE_OVERSIGHT_021942
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