Rick Scott Pleading of the 5th manipulated legal system

Scott's pleading of the 5th manipulated legal system

By Talbot "Sandy" D'Alemberte, special to the Times
In Print: Monday, October 18, 2010


President Ronald Reagan once spoke of the importance of the rule of law in a free society such as ours, a society where the rights of people have been protected for centuries.

"The people," Reagan said, "must participate in … the decisions of government under the rule of law."

But it now is clear that a man who wants to be governor of the state of Florida doesn't believe these words and rules apply to him.

Among the rights bestowed on Americans is the ability to avoid physical and verbal abuse by authorities. More specifically, all Americans have the right to refuse to answer questions during a legal proceeding — if they believe their answers might lead to criminal charges against them.

To invoke the Fifth Amendment, an individual must swear under oath that the reason for doing so is a fear of self-incrimination. There are no other circumstances that permit a person to avoid answering questions during a legal proceeding.

But recent public statements by Rick Scott, the Republican candidate for governor, reveal that the reason he pleaded the Fifth Amendment was not to avoid self-incrimination. Instead it was to obstruct or stop what he now says was a lawyer's "fishing expedition."

Invoking the Fifth Amendment just to avoid a "fishing expedition" can be obstruction of justice, perjury and lead to contempt of court. At issue is a deposition during which Scott was questioned about his role as the CEO of what was then the country's largest health care company. A federal investigation of Scott's company, Columbia/HCA, led to a record $1.7 billion in fines for defrauding Medicare, the health care program for seniors.

During this one deposition, Scott pleaded the Fifth Amendment 75 times.

As a lawyer, officer of the court and candidate for governor, Scott knew he had an obligation to uphold the rule of law and to act in conformance with the legal system's requirements. So when Scott invoked the Fifth Amendment while under oath, he could have only done so for one legitimate reason: to avoid incriminating himself.

That sole allowed reason for invoking the Fifth Amendment — to protect against having your own testimony used against you to prove criminal wrongdoing — is at odds with Scott's recent claim that he refused to testify under oath merely "to stop the fishing expedition."

Such a manipulation of the legal system is an unacceptable and possibly illegal assault on the rule of law and the integrity of our civil justice system. And it promotes disrespect for the neutral and impartial court system.

A person seeking to be Florida's governor must be committed to ensuring that the laws aren't undermined and manipulated, but rather faithfully executed. That obligation is taken on by all lawyers — and this includes Scott — on the day they are sworn into the bar.

The bottom line is this: Anyone who thinks the rule of law doesn't apply to him seriously erodes the rights afforded to each of us. And nothing that undermines the rule of law can be deemed ethical.

Talbot "Sandy" D'Alemberte is past president of the American Bar Association.

At issue is a deposition during which Scott was questioned about his role as the CEO of what was then the country's largest health care company. A federal investigation of Scott's company, Columbia/HCA, led to a record $1.7 billion in fines for defrauding Medicare, the health care program for seniors.

During this one deposition, Scott pleaded the Fifth Amendment 75 times.

THAT IS A LIE

The case in which the 75 times occurred had nothing to do with the HCA/ Columbia Fraud allegations.

Scott's deposition was not part of the criminal fraud case being pursued by the federal government as the Sleazy Sink ad suggests, it was a civil case involving Columbia/HCA and Nevada Communications Corp. Nevada Communications alleged that Columbia/HCA breached the terms of a communications contract. (Scott was no longer with HCA/ Columbia at the time)

Were you purposly telling a lie? or are you just another one of the sheep who believes everything they read or hear in a political attack ad?

Try getting the Facts next time

Obviously you have never been up against a Slick attorney in a deposition (witch hunt) I have and it is not a pleasant position to be in even when you have done nothing wrong and have nothing to hide. you trust in your attorney to give you proper legal advice, and you follow that advice.


The case in which the 75 times occurred had nothing to do with the HCA/ Columbia Fraud allegations. Scott's deposition was not part of the criminal fraud case being pursued by the federal government as the Sleazy Sink ad suggests, it was a civil case involving Columbia/HCA and Nevada Communications Corp. Nevada Communications alleged that Columbia/HCA breached the terms of a communications contract. (Scott was no longer with HCA/ Columbia at the time)

"There can be myriads of reasons other than guilt which prompt a person to claim a Fifth Amendment privilege, and it might be just as reasonable to infer that the witness refused to answer for some other reason." according to George R. Dekle, Sr., a professor of law at the University of Florida.

it's not an admission of guilt, said Oscar Michelen, a New York lawyer who has written articles on the Fifth Amendment. It can also be used as a way to protect the innocent from wrongful prosecution, he says. Investigators try to link people to crimes, he said. Not prove they did it.

http://politifact.com/florida/statement ... imply-gui/ (http://politifact.com/florida/statements/2010/oct/12/florida-democratic-party/does-rick-scott-invoking-fifth-amendment-imply-gui/)

Wow the Rick Scott campaign is all over every forum trying to convince everyone that Rick Scott is not a criminal.

You lose Rick Scott, you are criminal and you know it.

Wow the Rick Scott campaign is all over every forum trying to convince everyone that Rick Scott is not a criminal.

You lose Rick Scott, you are criminal and you know it.

So what. Alex Sink was in charge of the biggest melt down of investment funds FRS has seen since 9/11. She also headed up that "fine" company in Florida, Bank of America ( leads the state and country in foreclosures ). The reason Rick Scott is so unpopular is that he will stop the state money train. I don't know about you, but I received my real estate tax notice. My taxes went up $200.00, even though the value of my home went down $50000 in one year. Only the government can do that kind of math. They keep taking more and doing less no matter what. You elect a Democrat, i.e. Obama, you exponentially get more of the same. As once said by someone that I really don't agree with, " It's the economy. stupid." Stop protecting government jobs. We have to tighten our belts, so does the government. I also see that this message thread is on every Florida Forum. I wonder who is attempting to manipulate who?

The Florida Pension System is is fine shape and only went down due to the market crash just like every other person who had money invested, you are trying to use scare tactics and it won't work.

The Florida Pension System is very healthy and it is growing and will soon be fully funded again because it is invested smartly.

Quick your lying Rick Scott.

Wow the Rick Scott campaign is all over every forum trying to convince everyone that Rick Scott is not a criminal.

You lose Rick Scott, you are criminal and you know it.

So what. Alex Sink was in charge of the biggest melt down of investment funds FRS has seen since 9/11. She also headed up that "fine" company in Florida, Bank of America ( leads the state and country in foreclosures ). The reason Rick Scott is so unpopular is that he will stop the state money train. I don't know about you, but I received my real estate tax notice. My taxes went up $200.00, even though the value of my home went down $50000 in one year. Only the government can do that kind of math. They keep taking more and doing less no matter what. You elect a Democrat, i.e. Obama, you exponentially get more of the same. As once said by someone that I really don't agree with, " It's the economy. stupid." Stop protecting government jobs. We have to tighten our belts, so does the government. I also see that this message thread is on every Florida Forum. I wonder who is attempting to manipulate who?

Alex Sink headed Nations Bank, it was acquired by Bank of America, Alex Sink was in charge of Florida operations for Bank of America, not all of Bank of America which is based in Charlotte North Carlonia.

Why do you continue to lie Rick Scott?

Wow the Rick Scott campaign is all over every forum trying to convince everyone that Rick Scott is not a criminal.

You lose Rick Scott, you are criminal and you know it.

So what. Alex Sink was in charge of the biggest melt down of investment funds FRS has seen since 9/11. She also headed up that "fine" company in Florida, Bank of America ( leads the state and country in foreclosures ). The reason Rick Scott is so unpopular is that he will stop the state money train. I don't know about you, but I received my real estate tax notice. My taxes went up $200.00, even though the value of my home went down $50000 in one year. Only the government can do that kind of math. They keep taking more and doing less no matter what. You elect a Democrat, i.e. Obama, you exponentially get more of the same. As once said by someone that I really don't agree with, " It's the economy. stupid." Stop protecting government jobs. We have to tighten our belts, so does the government. I also see that this message thread is on every Florida Forum. I wonder who is attempting to manipulate who?

Alex Sink headed Nations Bank, it was acquired by Bank of America, Alex Sink was in charge of Florida operations for Bank of America, not all of Bank of America which is based in Charlotte North Carlonia.

Why do you continue to lie Rick Scott?

You sir cannot address the real issue. A government that sees no end to the money hole. All I see here is people who want to protect public employment, only real growth labor market in the country. Why is that? They keep raising taxes and lying about the severity of the recession. Government never fueled economic growth and it won't now. Stay out of my pocket!!!

Wow the Rick Scott campaign is all over every forum trying to convince everyone that Rick Scott is not a criminal.

You lose Rick Scott, you are criminal and you know it.

So what. Alex Sink was in charge of the biggest melt down of investment funds FRS has seen since 9/11. She also headed up that "fine" company in Florida, Bank of America ( leads the state and country in foreclosures ). The reason Rick Scott is so unpopular is that he will stop the state money train. I don't know about you, but I received my real estate tax notice. My taxes went up $200.00, even though the value of my home went down $50000 in one year. Only the government can do that kind of math. They keep taking more and doing less no matter what. You elect a Democrat, i.e. Obama, you exponentially get more of the same. As once said by someone that I really don't agree with, " It's the economy. stupid." Stop protecting government jobs. We have to tighten our belts, so does the government. I also see that this message thread is on every Florida Forum. I wonder who is attempting to manipulate who?

Alex Sink headed Nations Bank, it was acquired by Bank of America, Alex Sink was in charge of Florida operations for Bank of America, not all of Bank of America which is based in Charlotte North Carlonia.

Why do you continue to lie Rick Scott?

You sir cannot address the real issue. A government that sees no end to the money hole. All I see here is people who want to protect public employment, only real growth labor market in the country. Why is that? They keep raising taxes and lying about the severity of the recession. Government never fueled economic growth and it won't now. Stay out of my pocket!!!

Fine, but next time you get attacked, your home broken into or have a car crash handle it your self, don't call a cop.

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Fine, but next time you get attacked, your home broken into or have a car crash handle it your self, don't call a cop.[/quote]
I don't have to call one, I am one and if I have to call one, I can wait.. And believe me, there is enough fat in every police dept. that cutting half of the managers won't effect the safe and efficient operation of any police dept.

Sorry, Charley, but I have to laugh at that one. Since when have you seen cuts start from the top?

Sorry, Charley, but I have to laugh at that one. Since when have you seen cuts start from the top?

That poster is a staffer from the Rick Scott campaign. They have been posting the same canned post on multiple forums.

You have three choices: 1) Vote for Scott who is not an Obama Loving Liberal like Sink and has been maligned in the press, or
2) be a stupid media believing fool and vote for Sink, who will lie to your face and then plunder state funds for socialistic causes, or
3) don't vote and be stupid.

You have three choices: 1) Vote for Scott who is not an Obama Loving Liberal like Sink and has been maligned in the press, or
2) be a stupid media believing fool and vote for Sink, who will lie to your face and then plunder state funds for socialistic causes, or
3) don't vote and be stupid.

If socialist causes means not reducfing my benefits I will vote for Sink. :snicker:

Me too, Comrade. Nyet to Scott!

Sorry, Charley, but I have to laugh at that one. Since when have you seen cuts start from the top?

True................. :oops: