Can you invoke the fifth, and yet say this or that, and refuse to say this or that?
Must you invoke your right to free speech before speaking? If not, can Homeland Security bash you in the head and jail you for saying something disagreeable?
“Can you invoke the fifth, and yet say this or that, and refuse to say this or that?”
Yes and no. The court ruled that once you start talking but them clam up your silence can then be used as evidence against you that you are guilty. THAT is what this case was about. It overturns their 1959 decision that your silence cannot be mentioned in court, such as, “Well, he was talking to us but when we asked him if he killed his wife he clamed up.” That isn’t allowed to be said in court but it is now.
Did you see, hear or read anything about the recent congressional hearings for the arrogant IRS agents? They basically told their side of the story and refused to answer any questions.
Basically, the court just said you do not have the RIGHT to be silent but must know of it and then must exercise it, meaning it is a now merely a privilege to those that know about it and know specifically, and legally, how to use it.
I think it’s best not too answer anything once it is invoked actually. remember, when they say ANYTHING you say may be used against you, what they really mean is EVERYTHING you say WILL be used against you. I’m no lawyer though. All I know is that everything Zimmerman said is now being used against him.
Lois Lerner is about to learn the answer to that question.