4 ms·
While I suppose in practice this is true, I don't think the 5th amendment would technically apply. By mentioning the gag order you are not incriminating yourse
by aplusbi 15y ago
While I suppose in practice this is true, I don't think the 5th amendment would technically apply. By mentioning the gag order you are not incriminating yourself but rather committing a crime.
- JoachimSchipper 15y agoThe argument goes "whether or not you are under a gag order, you can plead the fifth without incriminating yourself, so this is not actually a lose-lose situation". In theory.
- aplusbi 15y agoI understand your argument. My point was that revealing the gag order is not self-incrimination - it is committing a crime. Technically speaking, you are only allowed to refuse to answer a question if you believe that answering will incriminate yourself.