“three witnesses with ties to Donald Trump have signaled they intend to invoke their constitutional right against self-incrimination.”
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“Their assertions are the latest, and perhaps stiffest, test for the Jan. 6 committee as it seeks to penetrate the former president’s inner circle and piece together his actions during the chaotic closing weeks of his term. Eastman, Clark and Stone are among those who were closest to Trump as he sought to overturn the 2020 election, with some physically just blocks away as a mob of supporters overran Capitol Police and threatened the peaceful transfer of power.
Legal experts say the committee has few options once a witness pleads the Fifth — and the choices they do have are risky or impractical. “
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“For now, the committee has been content to emphasize Trump allies’ extraordinary acknowledgment, by asserting their right against self-incrimination, that some of their actions related to the 2020 election may have crossed the line into criminality — even if it carries no legal weight.”
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“The committee’s options for circumventing a Fifth Amendment assertion are extremely limited. One path would involve offering a form of immunity that would prevent a witness’ testimony from being used by prosecutors in any future criminal proceeding. Thompson said Monday that immunity was among the tools the committee could consider to compel another former Trump aide, Mark Meadows, to provide information to the panel.
Legal experts say this is an unlikely path, though, since offering immunity could derail any investigation into criminal activity that the committee reveals.”
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“Another option for the Jan. 6 panel is to file a civil contempt lawsuit and seek a judge’s review of the witness’ claim, but that could be a protracted effort at a time the committee is racing against a dwindling calendar. And it might not work.
“Courts will be reluctant to order witnesses to testify … if there is any potential for prosecution,” McQuade said.
A third option that some committee members — and other House Democrats — have floated is the concept of “inherent contempt.” That’s a process by which Congress bypasses the Justice Department and simply arrests or fines any recalcitrant witness. But House General Counsel Douglas Letter has made clear for years that this option is not realistic to pursue. It hasn’t been deployed in a century and it could lend itself to dangerous abuses in a body that is inherently political.”
https://www.politico.com/news/2021/12/09/january-6-investigators-challenge-trump-allies-523967