![]() ![]() ![]() ![]() While taking the Fifth can have negative implications depending on the circumstance, the US Supreme Court has long regarded the right against self-incrimination as a venerable part of the Constitution and tried to ensure that a witness’ silence not be equated with guilt. The right must be affirmatively waived.ĭoes pleading the Fifth have a negative connotation? The “self-incrimination clause” generally means that a witness cannot be forced to make statements that he or she feels might be negative or used against them. Here’s exactly what the Fifth Amendment to the US Constitution says: 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. The amendment reflected an effort to protect witnesses from a kind of inquisitorial Star Chamber of 15th Century England. Ratified in 1791, the Fifth Amendment protects a person from being “compelled in any criminal case to be a witness against himself.” Invoking the Fifth Amendment is usually done to avoid answering specific questions. Such a move from former Justice Department official Jeffrey Clark and conservative lawyer John Eastman places them in a long line of officials who “took the Fifth” when called to testify before lawmakers.īut what exactly is the Fifth Amendment, and how will it affect the House select committee’s probe of January 6? Here’s what you need to know: The January 6 committee is facing a new challenge as multiple people it has subpoenaed signal their intentions to invoke Fifth Amendment protections ahead of their testimony. ![]()
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