The (obviously flawed) reasoning the supreme Court used is that it’s the same as invoking the right to legal counsel: we tend to accept that you need to ask for a lawyer, they don’t just get you one. Likewise, if you want them to stop asking you questions you need to say so.
Considering the right isn’t the “right to remain silent” we nickname it, but No person shall be … compelled in any criminal case to be a witness against himself, it’s a bit preposterous. Like saying it was a legal warrantless search because you never said “stop”, you just locked the doors, tried to keep them out, and tried to keep them out of certain areas.
moody@lemmings.world 2 days ago
Because they wanted to prosecute a guy who used that right, and they decided it needed to be reinterpreted to suit their desires.