, avoids contempt charge
A judge today shelved a contempt hearing against Douglas Bruce after the anti-tax activist agreed to appear Wednesday night as a witness in a grand jury investigation.
But Bruce vowed to invoke his Fifth Amendment right not to incriminate himself and said he will refuse to answer questions.
Fourth Judicial District Attorney Dan May said after the hearing that Bruce is not the target of the investigation, but rather a witness. May said he could not comment on a secret grand jury proceeding, but added it has nothing to do with Bruce’s political activities.
Bruce also challenged the authenticity of May’s signature on the second subpoena, noting it differed from the signature on a request for the contempt hearing. May said he signed the subpoena and a deputy signed the motion for him.
Bruce questioned why he was being called before the grand jury after declaring that he would not speak. May responded that the Fifth Amendment has to be invoked on a question-by-question basis. Samelson said he would be available Wednesday night if that issue comes up.
http://www.gazette.com/article…
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political backgrounds. I was in a group discussion today where someone actually said ” Doug Bruce should not be allowed to take the 5th”
This is a normally very compassionate liberal educator who regularly sticks up for the rights of protesters and even neo Nazis on free speech grounds.
So it begs the question, how many would exempt those they disagree with (or loathe) the protections of the Bill of Rights.
OK, terrorist foreign combatants, I understand, but a persistent anti tax advocate using democracy to allow citizens to choose to limit their government’s power to impose taxes?
What say you?
ADA: Please state your name.
DB: I decline to answer that question on the grounds that it may tend to incriminate me.
The right against self incrimination doesn’t apply in civil matters and if testimony is so desired the defendant can be granted immunity in the criminal matter and be required to testify in the civil matter.
Since Bruce is only testifying as a witness, and the DA has already said it was unrelated to Bruce’s political activities, the assumption here is Bruce’s refusal to answer questions is just him being Doug Bruce (ie-asshole).
Since there is a grand jury involved, I think it has to be a criminal matter. I don’t think grand juries are used in civil cases.
With this in mind, since pleading the 5th is a protection against self-incrimination, invoking it would actually suggest that Bruce is involved in the crime being investigated.
Bruce has no 5th Amendment right if the matter doesn’t involve his personal involvement in a crime.