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> Levandowski, who is not a defendant in the case, hasn't answered questions about the allegations, instead pleading the Fifth Amendment. Fifth Amendment only

> Levandowski, who is not a defendant in the case, hasn't answered questions about the allegations, instead pleading the Fifth Amendment. Fifth Amendment only applies to criminal proceedings, not civil case. How can he refuse to answer questions based on the Fifth?

marcosdumay 9y ago
I imagine he is saying that he would have to confess a crime if he answers that question. But IANAL and everything.
tantalor 9y ago
> Fifth Amendment only applies to criminal proceedings No. https://law.stackexchange.com/questions/178/does-the-us-fifth-amendment-only-apply-to-criminal-trials-do-any-laws-protect-a https://law.stackexchange.com/questions/178/does-the-us-fift...
btilly 9y ago
The Fifth Amendment applies to statements which could conceivably show up in a future criminal proceeding. Here is a more precise statement of the principle: A witness has traditionally been able to claim the privilege in any proceeding whatsoever in which testimony is legally required when his answer might be used against him in that proceeding or in a future criminal proceeding or when it might be exploited to uncover other evidence against him. And for references see http://constitution.findlaw.com/amendment5/annotation07.html#f177 http://constitution.findlaw.com/amendment5/annotation07.html...
- euyyn 9y ago
  What mechanism prevents people from applying it all the time in all cases, referring to potential "future criminal proceedings"?
  - btilly 9y ago
    If the judge gets suspicious, you'll have to explain the potential issue to him off the record. After that you can only continue to say it if the judge thinks that you have a potential reason for worry. But they err on the side of respecting it. That said, a defendant who pleads the fifth at all questions will not necessarily help their case...
jo909 9y ago
Just because this is not a criminal proceeding does not mean one could not follow, where his answers would be testimony against himself.

marcosdumay 9y ago

I imagine he is saying that he would have to confess a crime if he answers that question. But IANAL and everything.

tantalor 9y ago

> Fifth Amendment only applies to criminal proceedings No. https://law.stackexchange.com/questions/178/does-the-us-fifth-amendment-only-apply-to-criminal-trials-do-any-laws-protect-a https://law.stackexchange.com/questions/178/does-the-us-fift...

btilly 9y ago

The Fifth Amendment applies to statements which could conceivably show up in a future criminal proceeding. Here is a more precise statement of the principle: A witness has traditionally been able to claim the privilege in any proceeding whatsoever in which testimony is legally required when his answer might be used against him in that proceeding or in a future criminal proceeding or when it might be exploited to uncover other evidence against him. And for references see http://constitution.findlaw.com/amendment5/annotation07.html#f177 http://constitution.findlaw.com/amendment5/annotation07.html...

euyyn 9y ago
What mechanism prevents people from applying it all the time in all cases, referring to potential "future criminal proceedings"?
- btilly 9y ago
  If the judge gets suspicious, you'll have to explain the potential issue to him off the record. After that you can only continue to say it if the judge thinks that you have a potential reason for worry. But they err on the side of respecting it. That said, a defendant who pleads the fifth at all questions will not necessarily help their case...

jo909 9y ago

Just because this is not a criminal proceeding does not mean one could not follow, where his answers would be testimony against himself.