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Rep. Dan Burton (R-Ind.) said Chung refused to give sworn testimony, invoking his Fifth Amendment privilege against possible self-incrimination.
CNN: Chung Talks, But Off The Record
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Relevant case law has revolved around the Fifth Amendment privilege against self-incrimination.
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Even though they have not advised you of your rights, you can still exercise your Fifth Amendment privilege against self-incrimination.
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You try to quash the subpoena based on your Constitutional privilege against self-incrimination, since handing over the records clearly would incriminate you.
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In the United States, relevant case law has revolved around the Fifth Amendment privilege against self-incrimination as there is currently no specific law regarding key disclosure.
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And lawyers representing taxpayers with undisclosed offshore accounts are asking the United States Supreme Court to clarify the scope of the privilege against self-incrimination in this important context.
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And simply because the government can request them (what records can the government not request?) should not make them so public that the privilege against self-incrimination no longer applies to them.
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Among other issues, they cited the requirement that a defendant "cooperate" with examining psychiatrists as a violation of the defendant's privilege against compelled self-incrimination.
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House Republicans have threatened to haul Chung before television cameras and embarrass him by forcing him to invoke his constitutional privilege against possible self-incrimination in full public view.
CNN: Chung Talks, But Off The Record