But also, in order to obtain documents from an individual who asserts the fifth amendment, a prosecutor (or investigator) must grant the witness, if he demands it in order to hand over the documents or emails, "Act of Production" immunity.
But an investigative journalist who asserts the fifth amendment is acknowledging only that he does what investigative journalists do -- persuade sources in government, corporations, political parties and other institutions to disclose newsworthy information that is in the public interest.
Republicans assert the first dose of stimulus spending has been squandered on dubious projects.
Surely 'phlogiston does not exist' and 'caloric does not exist' mean different things; Lavoisier asserted the first and denied the second with apparent consistency.
"He can assert the Fifth Amendment".
Unlike the criminal and administrative investigations, Congressional committees have not been shy about requiring witnesses to publicly assert the Fifth Amendment.
Mr. Cohen and other individuals subpoenaed to testify before the grand jury can assert the Fifth Amendment right against self-incrimination and refuse to answer questions.
Individuals subpoenaed to testify can assert the Fifth Amendment if answering questions would pose any threat of implicating themselves in criminal conduct.
The preliminary criminal investigation of JPMorgan may lead defense lawyers to counsel clients not to respond voluntarily to information requests, and to assert the Fifth Amendment privilege against self-incrimination if subpoenaed.
The committee's chairman, Senator Richard C. Shelby, Republican of Alabama, said, "I'm sure he'll assert the Fifth Amendment, but we want him to do it in front of the committee".
Asserting the Fifth Amendment is not an admission of guilt, and those who believe they have done nothing wrong can refuse to respond to questions until a later time when the issues are clearer and the potential for criminal liability diminishes.
