Ray Glenn
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- Jun 10, 2021
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So you claim. Guess the 9/11 commission was political theater, too.
Legally, this is false. I'll grant it would be difficult to prosecute someone but, as I understand it, pleading the Fifth when you are innocent -- that testifying does not implicate you -- can lead to an Obstruction of Justice charge, if not perjury. Additionally, the lawyers who were advising you and allowed you to plead the Fifth would be sanctioned and likely disbarred.
It's too bad when people make up things about the law.
After reading this, from a legal firm. Exactly where does the fifth have anything to say about guilt or innocence? It doesn't .... anyone can plead the 5th under this explanation by two prominent lawyers. .
The Fifth Amendment can be invoked only in certain situations.
In this circus of a committee, anything can be construed as evidence. It's too bad the committee is nothing more than a pillow fight . They have no power.
- An individual can only invoke the Fifth Amendment in response to a communication that is compelled, such as through a subpoena or other legal process.
- The communication must also be testimonial in nature. In other words, it must relate to either express or implied assertions of fact or belief. For example, a nod would be considered a testimonial communication for purposes of the Fifth Amendment. So would the act of producing documents or any other piece of evidence; the act of production communicates an implied assertion that the individual possessed the evidence.
- Finally, the testimony must be self-incriminating, such that the information would provide a link in the chain of evidence needed to prosecute the individual for a crime. Thus, the information itself need not be incriminating; it suffices that the information would lead to the discovery of incriminating evidence.
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