Hacker News Reader

If your own testimony is the only available evidence against you, that'd be a weak case.

But keep in mind that in civil cases like this one (unlike criminal cases), prosecutors and juries are allowed to draw "adverse inferences" from your silence and take it as evidence that you're guilty. Levandowski certainly isn't doing himself any favors by taking the 5th.

If he is guilty, then he absolutely is; an adverse inference is nowhere near as serious as sworn testimony proving something happened.

Not a lawyer, but I thought that was only applicable if you suddenly plead the 5th after originally answering questions? From what I know he has always remained silent so I don't think they could do much with that.

The rule is different in criminal and civil cases. There is no inherent right against self-incrimination in a civil case, since you're not being accused of committing a crime and are not at risk of conviction.

You can plead the Fifth in a civil case if you believe that answering the question could subject you to criminal prosecution. But, unlike in a criminal case, where you have an absolute right to remain silent (and it can not be held against you), a judge or jury in a civil case can draw whatever conclusions they wish from your lack of testimony.

Reply on news.ycombinator.com