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Can you take the fifth if there is no threat of criminal charges?

  • Jul 29
  • 1 min read
Dr Fauci pleads the fifth during congressional hearing, even though his answers cannot be used to incriminate him.

This is a murky question that depends on whether or not anyone believes Fauci has committed crimes that are not part of what he was pardoned for. Obviously people cannot be forced to testify against themselves if if means those answers could lead them to face criminal charges. But to take the fifth regarding questions about actions that you have already been pardoned for leaves some people shaking heads.


It is possible that Fauci feels that can only answer these questions with lies and that doing so would put him in jeopardy of being charged with lying to congress. But at this point, the truth would only act to reinforce what everyone already knows and would just lead to embarrassment for the man. There is no good reasonable legal reason for him to lie at this point. Just go tell everyone what a tool you were, how you lied to everyone to cover your ass, and then laugh about the fact that former President Biden gave you a free pass by pardoning you.

 
 
 

4 Comments


Unknown member
Jul 31

There are no normal Maine male democrats

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Unknown member
Jul 30

This man needs to be completely and utterly destroyed. Ruined. Driven to suicide.


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Unknown member
Jul 29

No 1896 Brown v Walker


“1896 and the Supreme Court decision in Brown v. Walker. In his majority opinion, Justice Henry Billings Brown found that if a “witness has already received a pardon, he cannot longer set up his [Fifth Amendment] privilege, since he stands, with respect to such offense, as if it had never been committed.” Brown cited cases dating back to English law and the Aaron Burr treason trial as supporting that conclusion.”


https://constitutioncenter.org/amp/blog/do-presidential-pardons-remove-the-fifth-amendment-rights-of-recipients

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Unknown member
Jul 30
Replying to

That appears to be the precedent that Fauci is ignoring. I hope they charge him with contempt.

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