• Invoking Fifth Amendment during Congressional testimony

    From Rick@21:1/5 to All on Wed Jul 23 06:20:48 2025
    Recently a few members of the Biden administration were brought before a Congressional committee and questioned about President Biden's mental
    fitness during his term in the context of his use of an auto-pen to sign executive actions and orders. Surprisingly (at least to me), at least
    three witnesses refused to answer questions on Fifth Amendment grounds
    of possible self-incrimination.

    I'm guessing the Congressional investigators had no intention of
    indicting these particular witnesses on charges, but were really just
    trying to score political points by embarrassing the ex-president. So
    why did they not just call the witnesses' bluff and grant them immunity
    from prosecution to force their testimony? Wouldn't this have removed
    their option to invoke the Fifth?

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  • From Barry Gold@21:1/5 to Rick on Sat Jul 26 07:07:30 2025
    On 7/23/2025 6:20 AM, Rick wrote:
    Recently a few members of the Biden administration were brought before a Congressional committee and questioned about President Biden's mental
    fitness during his term in the context of his use of an auto-pen to sign executive actions and orders.  Surprisingly (at least to me), at least
    three witnesses refused to answer questions on Fifth Amendment grounds
    of possible self-incrimination.

    I'm guessing the Congressional investigators had no intention of
    indicting these particular witnesses on charges, but were really just
    trying to score political points by embarrassing the ex-president.  So
    why did they not just call the witnesses' bluff and grant them immunity
    from prosecution to force their testimony?  Wouldn't this have removed
    their option to invoke the Fifth?


    It depends. Some actions can be crimes in different jurisdictions. For
    example, kidnapping is usually a state crime, but if the victim is
    transported to another state, it becomes a federal crime as well.
    Immunity granted by one of these will not protect you from prosecution
    by the other.

    I would normally assume that the kind of thing that would interest a Congressional committee would not be of interest to a state/local
    jurisdiction, but "it ain't necessarily so."

    --
    I do so have a memory. It's backed up on DVD... somewhere...

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