A Comment About

Pleading the Fifth: Gunwalker Witness Refuses to Testify

January 20, 2012 - 10:37 am - by Bob Owens
Sam
2012-01-20 10:58:17

“Recall that invoking the Fifth Amendment is only allowed to avoid self-incrimination.”

Really?
Let me see:
“Amendment V

No person shall . . . nor shall be compelled in any criminal case to be a witness against himself, . . .”

I see nothing about self-incrimination there, merely a blanket declaration regarding being a witness against yourself.
Indeed it has a clear purpose in cases like this where two conflicting accounts have already been presented, and anything he says can be used as “proof” that he is “lying” while contradicting the testimon of one of them. As should be well known, lying about an investigation is a crime in and of itself, even if the person is not guilty of the original charge.

You do not have to like that he is choosing to invoke his rights, but declaring that “proof” of guilt is hardly showing respect for the Constitution and the principles of inalienable rights and justice it represents.