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by Jusme
Tue Oct 04, 2016 1:59 pm
Forum: General Legislative Discussions
Topic: 5th Amendment - help please
Replies: 25
Views: 9915

Re: 5th Amendment - help please

Abraham wrote:Are there any cases where someone other than a gangster or other miscreant took the fifth and the majority of law abiding citizens would say, he/she's a good person and this is an example of some persecuted, innocent needing to take the fifth and good for them?

At this point, as far as I can recall, only questionable, (read, mostly dirtbags) take the fifth.

Anyone have a good example of a good person taking the fifth?


During the Mcarthy hearings, several people plead the fifth, even though they were only being "accused" of being, or associating with, Communists. There was no crime being committed, and all they were trying to do was discredit people. I'm sure there are others, but unless your last name is Clinton, lying under oath is a crime while pleading the fifth is not.
by Jusme
Tue Oct 04, 2016 9:30 am
Forum: General Legislative Discussions
Topic: 5th Amendment - help please
Replies: 25
Views: 9915

Re: 5th Amendment - help please

C-dub wrote:
Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
With "pleading the fifth" becoming more and more prevalent among those being summoned to testify before congress or various senate hearings, I began wondering about this emphasized portion of the fifth amendment. Those hearings were not criminal cases. And nor are many other instances in which people invoke the fifth amendment. It goes without saying that I am obviously not a lawyer. It would seem that this protection has been expanded to include other areas not limited to criminal cases. Otherwise, how are these folks able to assert that right? I'm a bit confused over this.

I think the answer lies in the first portion of the Amendment. No person shall be held to answer for a capital, or otherwise infamous crime.

Even testifying before Congress, which holds the penalty of perjury, for false testimony, could result in criminal charges if someone admited wrongdoing.
If you are the AG for BHO you can get "Executive Immunity" from testifying in the first place.
If you are HRC, you can say anything you want, and never be prosecuted.
You and I will just have to take our chances. :grumble

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