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May 22, 2013



There is a difference between testifying at a criminal trial and testifying before a Congressional committee -- a witness has the right to not appear at all in a trial, but (as happened today) a Congressional witness under subpoena has no right to refuse to appear -- there apparently is a settled doctrine of "selective invocation" of 5th A. rights at hearings, which do not amount to a waiver. So it looks like unless she's granted some kind of immunity, she's off the hook.

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