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View Diary: Christie's former top political aide refuses subpoena. Can you blame him? (52 comments)

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  •  My understanding (8+ / 0-)

    (but I could be remembering this incorrectly), is that the attorneys in Christie's office are essentially arguing that by producing documents for the legislature they would be exposing themselves to possible incrimination in the criminal investigation by the US Attorney's office, and therefor they should be able to be allowed to plead the fifth on producing documents.

    I also think most of the attorneys unconnected to the case who have weighed in think that is an overly broad interpretation of the protections of the 5th Amendment when it comes to documents (which generally are not protected against self incrimination unless the possession of the documents themselves is criminal, I think).

    •  Quite The Expanded View Of The Fifth Amendment (7+ / 0-)

      So once you are shown a legitimate warrant for a search you can use the 5th amendment as a backup. "You can't take the guns and cocaine on account that it might incriminate me" Quite the stretch it seems.

      •  Well, they're arguing that (6+ / 0-)

        providing evidence to a legislative investigation (that is not criminal) will expose them to a separate investigation, one that is a criminal one with the power to bring charges—if the US Attorney's investigation subpoenaed them, they wouldn't be making this argument. They're playing with a pretend loophole in legal precedent that allows for withholding documents in very specific circumstances in order, I think, to stall for time.

        They know it's not going to work. They just want to play as hard as they can until the price to be paid by jumping ship and seeking immunity or coming clean is less severe than the price to be paid for hanging tough with Christie. The breaking point is coming soon, and I expect we'll find the governor hiding out in a hole somewhere with a month's growth of beard.

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