# I am confused about Alex Jones' lawyer's "mistake" in sending all of Jones' phone contents to the plaintiffs **URL:** \ **Category:** Politics & Elections\ **Created:** [August 4, 2022, 3:34pm UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096 "2022-08-04T15:34:03Z")\ **Posts on this page:** 20\ **Page:** 9
**Author:** ![crowmanyclouds](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crowmanyclouds/32/19884_2.png) [@crowmanyclouds](https://boards.straightdope.com/u/crowmanyclouds)\ **Post date:** [August 6, 2022, 6:00am UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/161 "2022-08-06T06:00:12Z")
> [@Esprise\_Me](#): > > Incidentally, the reason the prosecutor can cross-examine the defendant once his own lawyer has put him on the stand is that the defense has opened the door and thereby forfeited the privilege. If the defendant takes the stand to testify to one specific thing–“I was 3,000 miles away the night of the murder”–that does not give the prosecutor carte blanche to interrogate the defendant about every time he might ever have broken the law in his entire life. You know that, right? So why would you think that the defense attorney putting his client on the stand and then not asking him a single question would allow the prosecutor to do something he otherwise couldn’t do? The ‘phrase that pays!’ here is Beyond the Scope, or simply scope, _“Beyond the Scope” is an objection that an attorney can use at trial or in a hearing when the opposing attorney is examining a witness (other than on direct examination) in a way that goes into matters that were not asked about in the immediately preceding examination._ If it wasn’t brought up in the direct examination it, generally, cannot be brought up in the cross examination. And boy is it fun watching attorneys argue with the judge about whether a question crosses that line or if a direct question opened the door to the line of inquiry! ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [August 6, 2022, 6:21am UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/162 "2022-08-06T06:21:10Z")
> [@crowmanyclouds](#): > > if a direct question opened the door “You opened the door, Ms Melnick!” is one of the top ten dramatic rulings as the denouement of a legal drama approaches. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [August 6, 2022, 6:50am UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/163 "2022-08-06T06:50:39Z")
> [@Esprise\_Me](#): > > This is getting tiresome. Yes, that is how it plays out in practice. But that is not what the constitution mandates. Here’s how a defense attorney explains it in pretty casual language. > **[Can The Prosecutor Call The Defendant As A Witness? - Law Stuff Explained](https://lawstuffexplained.com/can-the-prosecutor-call-the-defendant-as-a-witness/)** > > This is a great question, and the answer is probably not. > The prosecution is putting on his case. He has the right to call witnesses to prove his case. Technically, he could deliver a subpoena to the defendant to compel him to attend the stand, or he could ask the court to call him to the stand. > > Once seated and sworn in, the defendant would then have the right to testify, or to assert his right to silence via the Fifth Amendment. > > Once the defendant asserted his right to silence, he would then return to his seat and the trial would move on. > > The problem with this scenario is that while the defendant has the absolute right to silence, jurors don’t really understand that his right to silence does not indicate guilt. > > In fact, jurors that observe a witness invoke the 5th Amendment are more like to conclude that the witness (the defendant) has something to hide. > > It is for this reason that in any jurisdictions that it is considered unethical to call the defendant to the stand _just for the purpose of hearing the defendant assert the 5th Amendment in front of jurors._ That’s why the ABA just simplifies it by saying that due to 5th Amendment concerns, prosecutors don’t do it. It’s not really that simple but close enough. ---
**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\ **Post date:** [August 6, 2022, 10:26am UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/164 "2022-08-06T10:26:20Z")
> [@Esprise\_Me](#): > > But ultimately, the prosecutor is allowed to call Jones to the stand and ask what Trump said in that phone call. And if Jones refuses to answer, the judge will probably send the jury out and explain to Jones that he has to answer unless the answer would incriminate him. And if Jones, having boned up on the law by reading this thread, proudly tells the judge “of course it won’t incriminate me, but I’m a defendant; therefore I don’t have to testify if I don’t want to! You can’t make me take the stand at all!” Then the judge will explain again what I’ve been trying to explain, and if Jones continues to insist that the testimony wouldn’t incriminate him but that he still won’t give it, the judge could hold him in contempt. Are you a lawyer? I don’t think this is correct. First point: ANY answer to ANY question could potentially be used in a criminal trial against that person. A witness does not know what charges potentially lie ahead. Second, even if we allow that some questions are “safe” a witness is not a lawyer. He cannot be expected to _know_ which questions are safe to answer, and which are dangerous. He has a blanket right to refuse to answer ALL questions. Third, a witness doesn’t get to pick and choose which questions to answer. He can’t say that he will answer this question, but not that question. If he answers _some_ questions then he has waived his right to silence. [Here’s an explanation](https://lawcomic.net/guide/?p=2545) of how the 5th works, simplified, in comic strip form. Easy to understand, informative and entertaining. Written by a lawyer who knows what he’s talking about. ---
**Author:** ![begbert2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/begbert2/32/3357_2.png) [@begbert2](https://boards.straightdope.com/u/begbert2)\ **Post date:** [August 6, 2022, 2:23pm UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/165 "2022-08-06T14:23:02Z")
> [@Atamasama](#): > > > In fact, jurors that observe a witness invoke the 5th Amendment are more like to conclude that the witness (the defendant) has something to hide. > > > > It is for this reason that in any jurisdictions that it is considered unethical to call the defendant to the stand _just for the purpose of hearing the defendant assert the 5th Amendment in front of jurors._ > > That’s why the ABA just simplifies it by saying that due to 5th Amendment concerns, prosecutors don’t do it. It’s not really that simple but close enough. I had jury duty just this past week - or more precisely I was summoned to jury duty, called in for jury selection on a trial, and neither selected nor called back. (I was prospective juror number 35. My non-selection was basically a sure thing.) During that jury selection it was made clear that the defendant would _not_ be testifying on his own behalf, and a fairly extensive block of time was spent probing us to determine if _that alone_ would be enough to make us think that a defendant ‘not telling his side of the story’ would be enough to make any of us think that he was hiding something. Anyone who confessed that they would indeed think that was dismissed for cause. So yeah - if they’re going to try so hard to prevent people from drawing conclusions based on the defendant not testifying, I can’t imagine they’re going to let prosecutors willy-nilly force the defendant to plead the fifth right in front of the jury. ---
**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\ **Post date:** [August 6, 2022, 3:24pm UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/166 "2022-08-06T15:24:57Z")
Moderating: > [@Esprise\_Me](#): > > This is getting tiresome. Yes, it is. It is also a thread hijack that has gone on for far too long. Please drop this side discussion about Fifth Amendment rights and return to the topic at hand. Thanks. Not a warning. ---
**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\ **Post date:** [August 6, 2022, 4:49pm UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/167 "2022-08-06T16:49:53Z")
This sounds like an accurate summary, given what I’ve read about the case. I also just read this on the Globe and Mail site: > Toward the end of Friday’s proceedings, Reynal told Gamble that he became aware of the inadvertent phone disclosure while Jones was testifying on Wednesday. > > “That’s not true,” the judge responded, telling Reynal that he had given her an email showing he had been aware 12 days earlier. “That is our position,” Reynal persisted, drawing a laugh from the judge. ---
**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\ **Post date:** [August 9, 2022, 3:46am UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/168 "2022-08-09T03:46:12Z")
So, the contents of at least one of those ‘intimate’ texts have been revealed: > ---
**Author:** ![Gyrate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gyrate/32/3588_2.png) [@Gyrate](https://boards.straightdope.com/u/Gyrate)\ **Post date:** [August 9, 2022, 8:26am UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/169 "2022-08-09T08:26:21Z")
> [@JohnT](#): > > Blankston, the Texas attorney, effectively got the CT trials defense records. Their internal memos. The shit they didn’t hand over in discovery. As well as 2.2 gigs of text and email data from Alex Jones’s phone. As well as medical records they weren’t allowed to have, much less distribute. Next question is: is this likely to result in the CT plaintiffs getting a hold of defense records they didn’t already have? ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [August 9, 2022, 10:11pm UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/170 "2022-08-09T22:11:23Z")
I know this is somewhat “old news” at this point, especially with the attention being given to the raid on Mar-A-Lago, but Legal Eagle just put up a reaction to the blunder by Jones’s lawyers, and how it all went down. It’s very amusing. I strongly recommend it to anyone else entertained by this whole fiasco. [![](https://img.youtube.com/vi/x-QcbOphxYs/maxresdefault.jpg "Alex Jones Obliterated on Cross Because His Lawyer Sent His Cell Phone to Opposing Counsel") ](https://www.youtube.com/watch?v=x-QcbOphxYs) ---
**Author:** ![crowmanyclouds](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crowmanyclouds/32/19884_2.png) [@crowmanyclouds](https://boards.straightdope.com/u/crowmanyclouds)\ **Post date:** [August 9, 2022, 10:15pm UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/171 "2022-08-09T22:15:29Z")
> [@Atamasama](#): > > the raid on Mar-A-Lago I’m really hoping that LockPickingLawyer does a video about how easily Trump’s safe was ‘cracked’! ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [August 9, 2022, 10:23pm UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/172 "2022-08-09T22:23:10Z")
In all honesty that is why I was on the Legal Eagle channel, to see if he had something to say about the latest Trump drama. Instead I saw this video. I am sure he’ll have another one soon. This has to be like Christmas for a content creator like him. They’re just serving this stuff up on a silver platter. I have seen LockPickingLawyer before, thanks for the reminder to go check that channel too. 🙂 ---
**Author:** ![EddyTeddyFreddy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eddyteddyfreddy/32/18796_2.png) [@EddyTeddyFreddy](https://boards.straightdope.com/u/EddyTeddyFreddy)\ **Post date:** [August 9, 2022, 10:47pm UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/173 "2022-08-09T22:47:58Z")
Oh, man, that 22 minutes was sooooooooooooo worth it. ---
**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\ **Post date:** [August 9, 2022, 11:20pm UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/174 "2022-08-09T23:20:58Z")
“Alex Jones Obliterated On Cross.” It wasn’t what I thought it would be. ---
**Author:** ![DesertDog](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/desertdog/32/11503_2.png) [@DesertDog](https://boards.straightdope.com/u/DesertDog)\ **Post date:** [August 10, 2022, 1:42am UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/175 "2022-08-10T01:42:27Z")
> [@EddyTeddyFreddy](#): > > Oh, man, that 22 minutes was sooooooooooooo worth it. Truly. I’m watching it right now. Rather than the snippet, “You lied to me,” we’ve been getting in the 4-minute news reports, we get the plaintiffs lawyer carefully set Jones up, absolutely skewer him like a boar on a spear, and then watch him squirm like the pig he is. ---
**Author:** ![Buck\_Godot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/buck_godot/32/6573_2.png) [@Buck\_Godot](https://boards.straightdope.com/u/Buck_Godot)\ **Post date:** [August 10, 2022, 5:29pm UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/176 "2022-08-10T17:29:38Z")
All interspersed with color commentary explaining what’s happening. It’s like watching the slow mo replay of the game winning touchdown. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [August 11, 2022, 1:11am UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/177 "2022-08-11T01:11:15Z")
The Eagle weighs in on the verdict. More evidence of what a total _shit_ Jones is. [![](https://img.youtube.com/vi/SpVSiuQ_ILY/maxresdefault.jpg "Huge Verdict Against Alex Jones") ](https://www.youtube.com/watch?v=SpVSiuQ_ILY) ---
**Author:** ![Kimstu](https://avatars.discourse-cdn.com/v4/letter/k/ecd19e/32.png) [@Kimstu](https://boards.straightdope.com/u/Kimstu)\ **Post date:** [August 11, 2022, 3:48am UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/178 "2022-08-11T03:48:48Z")
Although it was disappointing to learn that the $45 mil in punitive (exemplary?) damages in the Texas suit will probably get whittled down to less than a million. Because apparently Texas doesn’t approve of trying to punish very wealthy people for wrongdoing by taking lots of their money away. ---
**Author:** ![Drum\_God](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drum_god/32/44_2.png) [@Drum\_God](https://boards.straightdope.com/u/Drum_God)\ **Post date:** [August 11, 2022, 4:13am UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/179 "2022-08-11T04:13:02Z")
My late in-laws always supported Republicans. My father-in-law suffered a surgical accident and sued the doctor for malpractice. He won the suit, but was shocked to discover that the amount received was less than the amount actually awarded. People so often don’t understand what they are voting for until it actually affects them. They still supported Republicans. Go figure. ---
**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\ **Post date:** [August 11, 2022, 4:17am UTC](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096/180 "2022-08-11T04:17:39Z")
I guess they figured the leopards would not eat his face a second time. [Previous page](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096.md?page=8) [Next page](https://boards.straightdope.com/t/i-am-confused-about-alex-jones-lawyers-mistake-in-sending-all-of-jones-phone-contents-to-the-plaintiffs/969096.md?page=10)