By Joyce Vance
My CAFE colleague Elie Honig wrote a great piece last week about people like former DOJ official Jeffrey Bossert Clark and conservative lawyer John Eastman who have taken the 5th Amendment route to avoiding compliance with subpoenas issued by the January 6th Committee. The 5th Amendment prevents witnesses from being compelled to give testimony that could be used against them in a criminal case, and it’s construed broadly.
Elie noted that given their role in events leading up to January 6, Clark and Eastman, and likely other witnesses the Committee is interested in speaking with, have the right to claim the 5th Amendment privilege. He wrote, “If you think Clark and Eastman might have committed a crime, then you also have to agree they have the right to take the Fifth.”