jmacvols1
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I found this:The way I understand it is everyone that accepts a pardon can no longer plead the 5th on questions related to the pardoned crimes so congressional hearings should be interesting.
When Can You Plead the Fifth? - Cove Law, P.A.
The Fifth Amendment includes a fundamental right against self-incrimination. This means that individuals can refuse to answer questions or provide information that could incriminate them. The right to “plead the Fifth” is well-known, but its application is often misunderstood. Knowing when and...
covelaw.com
When Can You Plead the Fifth?
July 15, 2024Andrew Cove
The Fifth Amendment includes a fundamental right against self-incrimination. This means that individuals can refuse to answer questions or provide information that could incriminate them. The right to “plead the Fifth” is well-known, but its application is often misunderstood. Knowing when and how this right can be used to protect yourself legally can be critical.
What the Fifth Amendment Protects You From
The Fifth Amendment guarantees that the government cannot compel individuals to provide incriminating information about themselves. This is commonly known as “pleading the Fifth.” It applies when the government asks individuals to provide testimonial communication through legal processes such as subpoenas and lawsuits or through simple questioning.
Testimonial communication includes verbal statements and non-verbal actions that convey information, such as nodding or producing documents. To invoke the Fifth Amendment, the response must be (at least potentially) self-incriminating. Witnesses can invoke the Fifth Amendment if their testimony might expose them in some way to criminal charges. Notably, the information itself does not need to be incriminating; it suffices if it provides a “link in the chain of evidence”, meaning it could lead to the discovery of incriminating evidence.
However, there are limits. Individuals cannot invoke the Fifth Amendment if granted immunity, as their statements can no longer be used against them in a criminal prosecution. Similarly, those pardoned, convicted, and sentenced cannot invoke the Fifth Amendment regarding the same crime. Invoking the Fifth ensures that your silence or refusal to answer questions cannot be used against you in a criminal case, and typically, prosecutors cannot call a witness before a grand jury if they know the witness will plead the Fifth. The Fifth Amendment’s protections ensure that individuals are not compelled to give evidence that could be used against them in a prosecution.