Waiver of 5th Amend

05-16-2009, 12:42 PM

CitizenHank CitizenHank is offline

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Waiver of 5th Amend

What is the name of your state (only U.S. law)? Ohio

I'm in a discussion about assertion of 5th Amend rights, specifically in Congressional testimony.

I gather a criminal defendant who answers any question from a prosecutor has waived the right; a witness may assert the right selectively. But what happens in a Congressional probe in which the witness is clearly a target? May the right be asserted selectively?

I gather Ollie North's case provided an important precedent, but that was with explicit immunity. What are the general rules?

HWhat is the name of your state (only U.S. law)?

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