Does the 5th Amendment’s protection against self-incrimination apply in congressional investigations?

Mayer Brown

In this episode, Michael and Andrew address an important question for witnesses appearing before a congressional committee: does the 5th Amendment protection apply in congressional investigations the same way it does in Article III courts? Although witnesses may be reluctant to avail themselves of the 5th Amendment, there are some situations where the risks of publicly testifying outweigh the possible negative connotation associated with exercising the privilege. In instances where the privilege is asserted, Michael and Andrew discuss the congressional committee’s three likely responses. 

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