Can I assert my Fifth Amendment rights in response to a congressional demand for testimony?
Q: Can I assert my Fifth Amendment rights in response to a congressional demand for testimony?
A: Yes. The Fifth Amendment protects your right against self-incrimination, and you can invoke it to avoid providing testimony that could expose you to criminal liability. To assert the Fifth appropriately, you must have a reasonable basis to believe there may be criminal exposure.
Many people misunderstand this right, assuming that taking the Fifth implies guilt. In reality, the Fifth Amendment exists to protect all individuals, including the innocent. Note that asserting the Fifth does not always prevent your appearance. Congressional committees may insist that you appear and publicly assert your right, sometimes even on camera.
Can I assert my Fifth Amendment rights in response to a congressional demand for testimony?
Use of this website does not in any manner constitute an attorney‐client relationship between Kaiser PLLC and the user. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularized advice of your own counsel. If you are seeking specific legal advice or assistance, you should retain an attorney who understands your specific situation and your needs. The materials on this website do not constitute legal advice and are not guaranteed to be up‐to‐date or complete.
