Plame Question - Can a person plead the 5th for

[Holly_Hobby]

grand jury testimony? I just listened to the Watergate tapes and Nixon was talking about someone pleading the 5th. I'm wondering if they could get away with doing it in this instance. Thanks.

[proud patriot]

1. I think Rove is too busy lying to plead the 5th

:think:

[Kagemusha]

2. You actually hit it on the head really well there.

Rove tried to run out the clock by having a convenient memory and dancing around all sorts of stuff here. He apparently told Bush he had no involvement so that Bush would be protected against any future charges. He's a smart, and very arrogant man who thinks he can run rings around anyone. He'd rather bury this in obfuscation rather than hide behind the clear shield of the 5th amendment.

[BuyingThyme]

8. You have way too much faith in Bush.

[spindrifter]

3. Sure,

that's why in the movies you see the witness coming in and out of the room to consult with his attorney. It's also why they advise you in the letter that what you say will be used against you when they inform you that you are a potential candidate for indictment.

[BillZBubb]

4. A person can plead the 5th in the Grand Jury BUT...

It is tricky. First, you cannot answer ANY question at all if you wish to invoke the 5th amendment. Answering any question is legally viewed as a waiver of your right.

Also, the prosecutor can give you "use immunity" which means nothing you say will be used against you directly. Then you must testify truthfully. They can get you for perjury if you don't.

[texpatriot2004]

11. So if you talk to the GJ 3 times I guess you have answered a

question or two thereby ruling out the 5th eh? And I don't think he's been given "immunity" by the prosecutor, do you?

[BillZBubb]

13. I doubt that use immunity has been granted.

As I understand it, Rove earlier this year requested to return to the Grand Jury to "clarify" some testimony. At that time he wasn't a target. This time they called him back and evidently informed him he might be a target. That implies he has no immunity.

Rove is in a bad position. He can't now refuse to testify or he's guilty of obstruction. If he does testify and contradicts earlier testimony he could be guilty of perjury and/or obstruction.

His best bet is to cut a deal and reveal bigger fish--or hope for a reversal of conviction on appeal, or a pardon. I think a pardon would come, but not until Nov. 2008. He'd likely get a reversal on appeal given all the right wing wackjob judges on the Federal Appeals Courts.

[rsmith6621]

5. I Heard Bush Told Rove

to Plea a half a FIFTH.

[Holly_Hobby]

9. I knew that one was coming :)

I was hoping the answer would be a resounding "NO! Rove CANNOT plead the 5th!" I need to learn that wishing doesn't make it so.

[EST]

6. Criminal trial, yes.

Civil trials and gj hearings, don't think so.

[Jim Lane]

14. You can plead the Fifth even in civil trials

In general, you can be compelled to testify in a civil case, whether you're a party or just an uninvolved witness. If, however, your answer to a question might incriminate you in a criminal matter, you can invoke the Fifth.

If you're in no danger of a criminal prosecution, then you can't invoke the Fifth. For example, if the statute of limitations has expired, so that you can't now be indicted regardless of what you say, then your privilege against self-incrimination is inapplicable.

[EST]

15. Thank you, I love to be educated!

[kikiek]

7. I think the big question is..would Rove give evidence implicating Bush if

it means not going to jail? I bet he would go to jail and cover for Bush.

[RC]

10. Going to jail most likely would help keep him alive.

[kikiek]

12. Good point..