[Author Prev][Author Next][Thread Prev][Thread Next][Author Index][Thread Index]

Re: Some legal trouble with TOR in France



-----BEGIN PGP SIGNED MESSAGE-----
Hash: RIPEMD160
 
Anthony DiPierro wrote:
> 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
Doesn't their questioning of you make you a witness to your own
'complicity'? Accomplices are treated much the same as the primary
defendant I'm pretty sure.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.3 (MingW32)
 
iD8DBQFEaR7bGkOzwaes7JsRA+GGAKCOvOvDHfAXZ3JYNNOSjr9gZwfaCgCgpomI
AW6lDLw3RNfa4WL2ZC8vW/k=
=rAhA
-----END PGP SIGNATURE-----