It should be noted here that in the readings for Saturday, the Pharisee is not being put on trial and asked to respond to the charges against him; rather he is bragging. So for example if someone like Danny Penny defends himself and in the process makes someone like Jordan Neely look like a perpetrator, that is not Danny Penny's fault and this is not what Jesus is talking about. This applies to all defense of that sort against false accusations. The fact that Jesus "did not open his mouth" in his own defense at his capital trial is another matter altogether.