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Is it true that once you have received a pardon, you cannot claim the 5th Amendment if subpoenaed? (Original Post) kentuck Nov 2020 OP
If the testimony is related to the pardoned crimes, yes. Happy Hoosier Nov 2020 #1
unless it could be charged in state court as well..... getagrip_already Nov 2020 #9
Yes, correct. NT Happy Hoosier Nov 2020 #11
At least with respect to the crime for which you have been pardoned Sanity Claws Nov 2020 #2
But if you lie under oath, you can be charged with perjury? kentuck Nov 2020 #3
Yes. madinmaryland Nov 2020 #4
Yes NewJeffCT Nov 2020 #7
And that is why... Takket Nov 2020 #5
I had not realized that angle. keithbvadu2 Nov 2020 #15
You can be subpoenaed, but you can't be forced to testify, dware Nov 2020 #6
Sitting in jail UNTIL one testifies is a strong incentive to get back on the witness stand. n/t Eyeball_Kid Nov 2020 #8
True, dware Nov 2020 #10
trump not the type to sit in Rikers Island lockup for too long beachbumbob Nov 2020 #12
But we're not talking about Pissolini taking the stand, dware Nov 2020 #13
Maybe you can't plead the fifth but Karma13612 Nov 2020 #14

Happy Hoosier

(7,221 posts)
1. If the testimony is related to the pardoned crimes, yes.
Wed Nov 25, 2020, 10:35 AM
Nov 2020

One must accept guilt before accepting a pardon. At that point, no legal jeopardy exists with regard to that crime and the 5th Amendment does not apply.

getagrip_already

(14,646 posts)
9. unless it could be charged in state court as well.....
Wed Nov 25, 2020, 10:46 AM
Nov 2020

Then you could still claim the 5th, since you would be self incriminating.

And no, you don't have to accept guilt to accept a pardon. Nixon never did for example. You can be granted a pardon for crimes you haven't been charged with, so what are you accepting guilt for?

Too many complications for it to be a yes or no answer. But you still have a right to plead the fifth.

Sanity Claws

(21,841 posts)
2. At least with respect to the crime for which you have been pardoned
Wed Nov 25, 2020, 10:35 AM
Nov 2020

5th A says you can't be forced to incriminate yourself. If you have been pardoned for the crime, then you can't claim self-incrimination.

NewJeffCT

(56,828 posts)
7. Yes
Wed Nov 25, 2020, 10:41 AM
Nov 2020

Yes, if they're called to testify to Congress, they can be charged with lying to Congress. If they lie in court, they can be charged with perjury.

dware

(12,264 posts)
6. You can be subpoenaed, but you can't be forced to testify,
Wed Nov 25, 2020, 10:41 AM
Nov 2020

the judge can hold you in contempt and jail you until you testify, but he can't actually force to say anything on the witness stand.

dware

(12,264 posts)
10. True,
Wed Nov 25, 2020, 10:47 AM
Nov 2020

but wanting to stay alive is a strong incentive also, and I wouldn't put it past Pissolini to........well, you get my drift.

dware

(12,264 posts)
13. But we're not talking about Pissolini taking the stand,
Wed Nov 25, 2020, 11:16 AM
Nov 2020

we're talking about those that are pardoned by him testifying against him.

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