Well, if you were guilty, that would be a good basis for the fear of incrimination. But in this world, God knows what crime might be applied, so the fear could be a general hesitation on grounds of a bad conscience. Sometimes, people could plead the 5th simply on the basis of not giving any cooperation to the prosecution. If someone from out of nowhere pulled me in to be interrogated under oath, I might jolly well plead the 5th on general principles. The plea is not subject to argument.
That is why granting immunity is a good tactic, as it removes the ground for taking the 5th. And then, if you still refuse to testify, that would be contempt of court and you get thrown in the slammer until you do testify.
Fear of arkancide isn't a valid reason to plead the fifth.
That said, as complicated as the US code has gotten, pretty much anyone could credibly plead the fifth about anything, but since he appears to have a entourage of lawyers with he, it means that he was probably advised to plead the fifth, otherwise he could could have just spoke through his mouthpiece.
Fear for one's life is probably as "valid" a reason as you will find. The only reason you need is the one that makes sense to you.
I've read elsewhere that he also pleaded doctor-patient confidentiality, and that is a legitimate objection. Unless he had signed an agreement to waive that as a term of his responsibility to the Executive branch.
Fear for ones life is not a valid reason to plead the fifth unless you are fearing for your life from execution by the judgement of a court.
That it would implicate you in a crime or tort is the only valid reason to plead the fifth, that you are "bearing witness against yourself".
Maybe that and doctor patient confidentially are protected by some other law or precedent, but it isn't the fifth amendment.
If you plead the fifth because you fear reprisal from witnessing against someone else, rather than fearing reprisal for witness against yourself, that would be perjury.
So pleading the fifth means he has information that would incriminate himself.
Not exactly. It is that he fears he would be in legal jeopardy of some crime. An interesting fear...
It may also be a fear of catching arkancide.
Really? Naw! Pleading the 5th always meant that you didn’t have to incriminate yourself BECAUSE YOU WERE FN GUILTY! 🤣🙌🏻
As much as it seems obvious that this claim is true, we really shouldn’t look at the fifth amendment that way or it holds no value.
Do we want the fifth amendment or not?
Well, if you were guilty, that would be a good basis for the fear of incrimination. But in this world, God knows what crime might be applied, so the fear could be a general hesitation on grounds of a bad conscience. Sometimes, people could plead the 5th simply on the basis of not giving any cooperation to the prosecution. If someone from out of nowhere pulled me in to be interrogated under oath, I might jolly well plead the 5th on general principles. The plea is not subject to argument.
That is why granting immunity is a good tactic, as it removes the ground for taking the 5th. And then, if you still refuse to testify, that would be contempt of court and you get thrown in the slammer until you do testify.
Well he is a "family business associate" of the Biden's.
Fear of arkancide isn't a valid reason to plead the fifth.
That said, as complicated as the US code has gotten, pretty much anyone could credibly plead the fifth about anything, but since he appears to have a entourage of lawyers with he, it means that he was probably advised to plead the fifth, otherwise he could could have just spoke through his mouthpiece.
Fear for one's life is probably as "valid" a reason as you will find. The only reason you need is the one that makes sense to you.
I've read elsewhere that he also pleaded doctor-patient confidentiality, and that is a legitimate objection. Unless he had signed an agreement to waive that as a term of his responsibility to the Executive branch.
Fear for ones life is not a valid reason to plead the fifth unless you are fearing for your life from execution by the judgement of a court.
That it would implicate you in a crime or tort is the only valid reason to plead the fifth, that you are "bearing witness against yourself".
Maybe that and doctor patient confidentially are protected by some other law or precedent, but it isn't the fifth amendment.
If you plead the fifth because you fear reprisal from witnessing against someone else, rather than fearing reprisal for witness against yourself, that would be perjury.