In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[Q]: Supreme Court rejected Cook's claim of error on direct appeal, finding that the prosecutor's comments were not directed at Cook's decision not to testify, and that the comment about the videotape was invited by Cook's cross-examination and argument. Cook, 821 P.2d at 741-43. The district court agreed that the comments were either comments on the state of the evidence or invited by Cook's arguments and cross-examination. In addition, the district court found that, if there was error, it was harmless under Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). Comment on the refusal to testify at trial violates a defendant's Fifth Amendment right against self-incrimination. See Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (<HOLDING>). Also, a prosecutor's comment on a defendant's
Holding statements: (A) recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify (B) holding that it is improper for prosecutor to comment on accuseds postarrest silence (C) holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation (D) holding fifth amendment prohibits comment on accuseds testimonial silence (E) holding that the fifth amendment forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt
[A]: recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify

[Q]: task of resolving the dispute over the meaning of [a statute] ... begins where all such inquiries must begin: with the language of the statute itself."). Section 2412(d)(2)(A)(ii) states in part that "attorney fees shall not be awarded in excess of $125 per hour unless the court determines that an increase in the cost of living ... justifies a higher fee." (emphasis added). On its face, 2412(d)(2)(A)(ii) generally references "the cost of living" not a local/regional cost-of-living. Id. (emphasis added). See Conn. Nat. Bank v. Germain, 503 U.S. 249, 253-54, 112 S.Ct. 1146, 117 L.Ed.2d 391 (1992) ("[CJourts must presume that a legislature says in a statute what it means and means in a statute what it says there.") (citations omitted). Cf. Jones v. Espy, 10 F.3d 690, 692 (9th Cir.1993) (<HOLDING>) (citation omitted). This choice of language
Holding statements: (A) holding that legal services attorney lacked standing to challenge state court judges alleged retaliation against clients represented by legal services for using legal services relying upon article iii and younger comity (B) holding that where a conflict between state and federal law is alleged it must be reasonable to conclude that congress would have intended to preclude the state law in question since it would make little sense to preempt state law in order to serve the purposes underlying federal legislation if congress itself would not require or admit of preemption of state authority (C) holding that the more general cpiu for all items applied because if congress had meant to permit upward adjustments based on the increased cost of legal services it would have done so with greater specificity and clarity (D) holding that an attorneys services were personal services rendered or labor done under the predecessor statute to section 38001 (E) holding that based on the statutes purpose and its legislative history the legislature would have included specific language regarding drug rehabilitation if it had meant to include it
[A]: holding that legal services attorney lacked standing to challenge state court judges alleged retaliation against clients represented by legal services for using legal services relying upon article iii and younger comity

[Q]: with the State, and the legislature determined that the plate will bear the message "Choose Life." The State thus exercises complete editorial control over the content of the speech on the Choose Life plate. As a result, the second factor also weighs in favor of finding government speech. Finally, I consider the third and fourth factors of the SCV test: the "identity of the literal speaker" and "whether the gov- eminent or the private entity bears the ultimate responsibility" for the speech. SCV, 288 F.3d at 621. As to the third factor, I note, as our court did in SCV, that the Supreme Court has held that even messages on standard license plates are associated at least partly with the vehicle owners. Id. at 621; Wooley v. Maynard, 430 U.S. 705, 717, 97 S.Ct. 1428, 51 L.Ed.2d 752 (1977) (<HOLDING>). This association is much stronger when the
Holding statements: (A) holding that plaintiffs lacked standing to challenge floridas choose life license plate under either the establishment clause or the free speech clause of the first amendment (B) holding that a new hampshire statute requiring vehicles to bear license plates with the state motto live free or die not obscured could not be constitutionally enforced because it violated the defendants first amendment right to hold a point of view different from the majority and to refuse to foster in the way new hampshire commands an idea they find morally objectionable (C) recognizing first amendment retaliation right (D) holding that vehicle owner had first amendment right to cover the live free or die motto on new hampshire plate (E) holding that possession of marijuana is not protected by the free exercise clause of the first amendment
[A]:
holding that plaintiffs lacked standing to challenge floridas choose life license plate under either the establishment clause or the free speech clause of the first amendment