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Re: Some legal trouble with TOR in France



On 5/15/06, Mike Perry <mikepery@xxxxxxxxxx> wrote:
Thus spake Ringo Kamens (2600denver@xxxxxxxxx):

> Also, they can put you on grand jury and give you obstruction of justice for
> refusing to talk.

According to wikipedia (http://en.wikipedia.org/wiki/Grand_jury):

"In all U.S. jurisdictions retaining the grand jury, the defendant has
the right under the Fifth Amendment not to give self-incriminating
testimony. [....]"

OK, that covers the defendant, but what if the person in question is
not a defendant?

Unfortunately, the First Amendment does not seem to apply to
questioning by a court (or Congress, for that matter).  The Fifth
Amendment protects you from being a witness against yourself, but it
doesn't protect you from being a witness against someone else.

Anthony