In any later prosecution, too, the symbolism matters, Professor Tiefer said.
One solution is to require the person to testify in these specific places, but then exclude this compelled testimony from any later prosecution brought against him.
Does it produce a record of noncompliance for later prosecution of the administration?
Clemon asked also for an investigation of the Justice Department's later prosecution in Alabama's Middle District under Fuller.
Moreover there are alternative ways to enforce this norm, such as later prosecution of the perpetrators in the International Criminal Court.
Instead, he made himself vulnerable to later prosecution by pleading the First Amendment and his right to free speech, petition and assembly.
Bereft of a reasonable defense and intent on delaying his federal trial in an awkward attempt to avoid later prosecutions in Florida and Oklahoma, Bulger's attorney, J.W. Carney has floated phony allegations, including the outlandish claim that his homicidal maniac of a client had a license to kill from a federal prosecutor who, conveniently, is long deceased.
He was impressed by the care taken to preserve evidence that might prove valuable in later prosecutions.
"DeLaughter stuck his neck out, and learned he could make friends with Myrlie Evers, and he prosecuted that case and got a conviction, and that was an amazing start to something," Mr. Barber said, referring to the wave of later prosecutions.
Anyone refusing to speak could be held in contempt, and anyone lying could be charged with perjury -- but all witnesses would be granted only narrow immunity, allowing later prosecutions based on leads generated in Congress.
