Letter: Invoking the Fifth Amendment is not an admission of guilt – INFORUM
Forum columnist Jack Zaleski recently wrote an article berating Republicans for their reaction to the FBI raid against Trump . This letter is not about Trump; rather its about a disgusting comment Zaleski made, completely devoid of any historical awareness.
For context, Trump invoked the Fifth Amendment to the US constitution during New Yorks tax case against him. This means he is refusing to testify in court or speak with law enforcement.
In response, Zaleski said,Resorting to the 5th is just short of admitting guilt. The text says no person shall be compelled in any criminal case to be a witness against himself... No criminal case. The implication is obvious: The 45th president knows hes guilty of a crime.Anyone with a shred of civics education should call that out for what it is: a crock of bulls***.
The criminal justice system in the U.S. is not perfect. Criminals are rarely caught red-handed. It is the job of law enforcement to gather evidence, find a suspect, then it is the job of a prosecutor to prove that suspect is guilty.
There was a time when suspects were required to testify for their own defense. If they did not testify, they had no defense. But because prosecutors make careers out of convicting thousands of suspects, this exchange is always weighted against the defendant. The defendant, even if they are purely innocent, may misspeak. They may make an assumption that turns out to be false and the prosecution will accuse them of lying. They may be a victim of misidentification and their testimony would only entrench this mishap.
If the prosecution has a solid case against the defendant, they must be able to make that case without relying on the testimony of the suspect.
According to the U.S. Supreme Court, the purpose of the Fifth Amendment is to protect innocent people who otherwise might be ensnared by ambiguous circumstances. (Grunewald v US, 1957)
In 1966, the court expanded Fifth Amendment protections to apply in police interrogation rooms. Too often police will lock people in windowless rooms for hours on end until they say something incriminating. But according to the case Miranda v. Arizona, all people have a constitutional right to not be interrogated by the police.
According to the Innocence Project, of all the convictions that are proven to be false with DNA evidence, 29% made a false confession. Police can and frequently do use psychological techniques to induce people to make incriminating statements, even if theyre false. A suspect sitting alone in that room doesnt stand a chance against the resources of the state, but with one exception: they have the Fifth Amendment to protect them.
In Ullmann v US (1954), the Supreme Court said, "Too many, even those who should be better advised, view this privilege as a shelter for wrongdoers. They too readily assume that those who invoke it are either guilty of crime or commit perjury in claiming the privilege."
That is exactly what Zaleski did in his letter. I am not defending Trump. Trump made similar statements when Hillary Clinton invoked her Fifth Amendment rights. Trump was just as wrong as Zaleski. But Zaleski should know better. Hes not a politician trying to woo a crowd.
Invoking ones Fifth Amendment right to stay silent is not an admission of guilt. It is not evidence of any crime. It cannot be used in court to suggest you did anything wrong.
Every defense lawyer will tell you to take full advantage of your constitutional rights, especially if you are innocent.
William Smith lives in Fargo.
This is letter does not necessarily reflect the opinion of The Forum's editorial board nor Forum ownership.
The rest is here:
Letter: Invoking the Fifth Amendment is not an admission of guilt - INFORUM
- Relax, We Cant Invoke the Twenty-Fifth Amendment Every Time a President Offers to Let an Enemy Bomb an American City - McSweeneys Internet Tendency - October 6th, 2026 [October 6th, 2026]
- Fauci's decision to invoke the Fifth Amendment tees up a legal debate and a contempt vote - Dayton Daily News - August 31st, 2026 [August 31st, 2026]
- Prichard police detectives bag of money, Fifth Amendment invocation form basis of new trial demand in homicide - fox10tv.com - August 22nd, 2026 [August 22nd, 2026]
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- Pat McAfee pokes fun at Anthony Fauci pleading the Fifth Amendment live on ESPN - Fox News - August 4th, 2026 [August 4th, 2026]
- Here's how many times Trump invoked Fifth Amendment in civil fraud trial, according to a judge - Snopes - August 4th, 2026 [August 4th, 2026]
- Fauci invokes the Fifth Amendment at Senate hearing on COVID-19 pandemic origins - Scripps News - August 4th, 2026 [August 4th, 2026]
- What It Means to Plead the Fifth Amendment - Time Magazine - August 4th, 2026 [August 4th, 2026]
- Aaron Rodgers calls Fauci coward, criminal for invoking the Fifth Amendment - WJTV - August 4th, 2026 [August 4th, 2026]
- Fauci Invokes Fifth Amendment More Than 100 Times in Bitter Senate Hearing - The New York Times - August 4th, 2026 [August 4th, 2026]
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- Dr. Fauci invokes his Fifth Amendment right not to testify at Senate hearing - NBC News - August 4th, 2026 [August 4th, 2026]
- Fauci invokes Fifth Amendment and declines to testify in Republican-led COVID-19 Senate hearing - Oregon Public Broadcasting - OPB - August 4th, 2026 [August 4th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - Live 5 News - August 4th, 2026 [August 4th, 2026]
- CBS News | Legal Analysis on Whether Dr. Anthony Fauci Can Be Punished for Invoking Fifth Amendment - Loyola Marymount University - August 4th, 2026 [August 4th, 2026]
- The scope of Faucis Fifth Amendment invocation may have to be settled in court - MS NOW - August 4th, 2026 [August 4th, 2026]
- Hawley trolls Fauci's blanket Fifth Amendment claims exposing 'contempt for this body' - Fox News - August 4th, 2026 [August 4th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WDAM-TV - August 4th, 2026 [August 4th, 2026]
- Fauci invokes fifth amendment and declines to testify in Senate Covid hearing - The Guardian - August 4th, 2026 [August 4th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WTVM.com - August 4th, 2026 [August 4th, 2026]
- Dr. Anthony Fauci invokes Fifth Amendment in heated COVID-19 hearing - WTAE - August 4th, 2026 [August 4th, 2026]
- Faucis legal protection from pardon, Fifth Amendment is an open question - The Hill - July 30th, 2026 [July 30th, 2026]
- Anthony Fauci Invokes Fifth Amendment in Rand Paul Senate Hearing NPR - Geisel School of Medicine at Dartmouth - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WBKO - July 30th, 2026 [July 30th, 2026]
- Washington Post. . Anthony Fauci repeatedly invoked the Fifth Amendment during a Senate hearing Wednesday where Republicans pressed the retired... - July 30th, 2026 [July 30th, 2026]
- Dr. Fauci invokes the Fifth Amendment at Senate hearing on COVID pandemic - CBS News - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - fox8live.com - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WCTV - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - KEYC News Now - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WEEK | 25 News Now - July 30th, 2026 [July 30th, 2026]
- Fauci Threatened With Contempt Of Congress After Invoking Fifth Amendment - Forbes - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - Cleveland 19 News - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - ABC7 WWSB - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WSAW - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WCAX - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WSFA - July 30th, 2026 [July 30th, 2026]
- Anthony Fauci invokes Fifth Amendment at fiery Senate hearing on Covid-19 - Financial Times - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WTHI-TV - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - KOLN | Nebraska Local News, Weather, Sports | Lincoln, NE - July 30th, 2026 [July 30th, 2026]
- Fauci invokes the Fifth Amendment over 100 times - CNN - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WPTA | 21Alive | Fort Wayne, IN - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WVLT - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - wflx.com - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - KOLD - July 30th, 2026 [July 30th, 2026]
- Opinion | Why I will use my Fifth Amendment rights before Congress today - The Washington Post - June 12th, 2026 [June 12th, 2026]
- ActBlue C.E.O. Invokes Fifth Amendment Repeatedly in Testimony to Congress - The New York Times - June 12th, 2026 [June 12th, 2026]
- ActBlue CEO invokes Fifth Amendment repeatedly in testimony to Congress - The Seattle Times - June 12th, 2026 [June 12th, 2026]
- ActBlue CEO Will Invoke Fifth Amendment At Congressional Hearing - Campaigns & Elections - June 12th, 2026 [June 12th, 2026]
- ActBlue CEO invokes Fifth Amendment in House hearing over illegal foreign donations - Fox Business - June 12th, 2026 [June 12th, 2026]
- 'Okay, wow, didn't expect that one': Rep. Loudermilk stunned by ActBlue CEO's Fifth Amendment answer - The Economic Times - June 12th, 2026 [June 12th, 2026]
- Urban Outfitters Inc Enters Into Fifth Amendment To Credit Agreement On May 19, 2026 - TradingView - May 27th, 2026 [May 27th, 2026]
- Principals who invoked their Fifth Amendment rights during CRCT investigation identified - Albany Herald - May 22nd, 2026 [May 22nd, 2026]
- User Clip: Clip: Use of the Fifth Amendment - C-SPAN - May 22nd, 2026 [May 22nd, 2026]
- Is the Twenty-fifth Amendment Really an Option? - The New Yorker - May 7th, 2026 [May 7th, 2026]
- Does the Fifth Amendment Protect You From Turning Over Documents (with Tiffany H. Eggers) - Dykema - May 1st, 2026 [May 1st, 2026]
- We have the Twenty-Fifth Amendment. Now is the time to use it. - lawdork.com - April 12th, 2026 [April 12th, 2026]
- Herald Tribune Events - The Fifth Amendment - Sarasota Herald-Tribune - March 26th, 2026 [March 26th, 2026]
- A full and perfect equivalent : Just Compensation and the Fifth Amendment - Pacific Legal Foundation - February 22nd, 2026 [February 22nd, 2026]
- Jeffrey Epstein's accomplice, Ghislaine Maxwell, pleaded the Fifth Amendment during the House Oversight Committee's deposition. - Facebook - February 14th, 2026 [February 14th, 2026]
- Elie Honig Explains How Maxwell May Have Inadvertently Waived Her Fifth Amendment Protection - AOL.com - February 14th, 2026 [February 14th, 2026]
- Epstein invoked the Fifth Amendment for nearly every question during his depositions. If he had nothing to hide, why stay silent? He used the same... - February 11th, 2026 [February 11th, 2026]
- Jeffrey Epstein Associate: Why is Ghislaine Maxwell Invoking the Fifth Amendment in a Congressional Probe? - The Sunday Guardian - February 11th, 2026 [February 11th, 2026]
- Maxwell invokes the Fifth Amendment at closed virtual House Oversight deposition - Rural Radio Network - February 11th, 2026 [February 11th, 2026]
- Ghislaine Maxwell expected to invoke Fifth Amendment in congressional deposition - Washington Examiner - February 11th, 2026 [February 11th, 2026]
- Epstein accomplice Ghislaine Maxwell cowardly pleads the Fifth Amendment during deposition - Sky News Australia - February 11th, 2026 [February 11th, 2026]
- Fifth Amendment to Agreement for Browns Mills Shopping Center Redevelopment OKd, Enabling Parties to Pursue Closing of Tract - Pine Barrens Tribune - February 7th, 2026 [February 7th, 2026]
- More Historical Evidence Showing that the Public Use Clause of the Fifth Amendment Does Not Allow Takings that Transfer Property to Private Parties -... - January 30th, 2026 [January 30th, 2026]
- Government Notifies CGST (Fifth Amendment) Rules, 2025; Inserts Rule 31D on Retail Sale PriceBased Valuation and Adds New Clause (f) in Rule 86B,... - January 6th, 2026 [January 6th, 2026]
- The fifth amendment: A path back to the people? - The Jakarta Post - December 7th, 2025 [December 7th, 2025]
- Evertec Inc - On Nov 25, Enters Into Fifth Amendment To Credit Agreement - SEC Filing - TradingView - December 7th, 2025 [December 7th, 2025]
- Brooklyn mom of missing 11-year-old autistic boy invokes Fifth Amendment in Family Court - New York Daily News - December 7th, 2025 [December 7th, 2025]
- Stepmother Cites Fifth Amendment, Says FBI Probe Could Target Minor in Teen Cruise Ship Mystery Death - LAmag - November 24th, 2025 [November 24th, 2025]
- Officer invokes Fifth Amendment in trial of former SAPD officers - WOAI - October 19th, 2025 [October 19th, 2025]
- BREAKING: Appellate Court finds one of Patrick Tate Adamiaks convictions violated Double Jeopardy Clause of the Fifth Amendment - Second Amendment... - October 15th, 2025 [October 15th, 2025]
- Ligado and the Fifth Amendment Fight Over Spectrum Rights - The National Interest - October 11th, 2025 [October 11th, 2025]