Peter, maybe you can think of a previous situation - a racketeering case, or an Enron-type business crime case - where everyone with inside knowledge pleaded the fifth. What eventually happened, how was the case resolved? I’m wondering where this Biden coverup will lead, and hoping it’s not to a dead end. It’s very important to America that the individuals who perpetuated Biden’s dementia coverup be brought to justice!
When people in any investigation plead the Fifth--which, I will emphasize, is everyone's Constitutional right and we should not punish anyone for standing on their Constitutional rights--the usual response by investigators and prosecutors is to work out immunity agreements and perhaps even plea deals to secure testimony without violating a person's Fifth Amendment rights.
If all the Biden staffers invoke, Comer will have to decide which staffers should get immunity, at which point their testimony becomes compulsory--when there is no probability of criminal indictment there no longer is a Fifth Amendment right to silence. My speculation is that when Comer has worked through his current witness list he is going to make decisions about immunity grants, coordinate that with the Department of Justice, and then issue a second round of subpoenas.
One person to whom I would definitely give immunity is Dr. O'Connor. As the White House physician, he's not likely to have been at the center of actual autopen misuse. There is an ethical consideration about the standard of care he rendered to the President, and whether or not he was an effective advocate for Joe Biden when the available evidence strongly argues that his staffers and inner circle were not prioritizing Biden's physical and mental health, but in terms of likely federal crimes he's probably the most tangential of an accessory rather than a leading co-conspirator.
Should Anthony Bernal get immunity? That is a bit more problematic. Comer does not want to give immunity to the ringleaders, only to a few followers.
Peter, maybe you can think of a previous situation - a racketeering case, or an Enron-type business crime case - where everyone with inside knowledge pleaded the fifth. What eventually happened, how was the case resolved? I’m wondering where this Biden coverup will lead, and hoping it’s not to a dead end. It’s very important to America that the individuals who perpetuated Biden’s dementia coverup be brought to justice!
When people in any investigation plead the Fifth--which, I will emphasize, is everyone's Constitutional right and we should not punish anyone for standing on their Constitutional rights--the usual response by investigators and prosecutors is to work out immunity agreements and perhaps even plea deals to secure testimony without violating a person's Fifth Amendment rights.
If all the Biden staffers invoke, Comer will have to decide which staffers should get immunity, at which point their testimony becomes compulsory--when there is no probability of criminal indictment there no longer is a Fifth Amendment right to silence. My speculation is that when Comer has worked through his current witness list he is going to make decisions about immunity grants, coordinate that with the Department of Justice, and then issue a second round of subpoenas.
One person to whom I would definitely give immunity is Dr. O'Connor. As the White House physician, he's not likely to have been at the center of actual autopen misuse. There is an ethical consideration about the standard of care he rendered to the President, and whether or not he was an effective advocate for Joe Biden when the available evidence strongly argues that his staffers and inner circle were not prioritizing Biden's physical and mental health, but in terms of likely federal crimes he's probably the most tangential of an accessory rather than a leading co-conspirator.
Should Anthony Bernal get immunity? That is a bit more problematic. Comer does not want to give immunity to the ringleaders, only to a few followers.
Excellent answer, Peter - you’ve cleared up a few questions I had. Thank you!