Reporter's shield laws

[Jim Choate]

On Sun, 26 Aug 2001, Tim May wrote:

> Except that all it takes is for the judge to grant the witness
> transactional or use immunity. Or even full immunity (less common, from
> what I hear).

> Much on the Net. Here's just a flavoring:
> 
> "Title 18 U.S.C. ' 6002 provides use immunity instead of transactional
> immunity. The difference between transactional and use immunity is that
> transactional immunity protects the witness from prosecution for the
> offense or offenses involved, whereas use immunity only protects the
> witness against the government's use of his or her immunized testimony
> in a prosecution of the witness -- except in a subsequent prosecution
> for perjury or giving a false statement.

> The notion that a witness can blithely escape having to testify by
> asserting the 5th Amendment is one of those folk beliefs that just
> doesn't hold up.

No thank you, your honor. Followed by a contempt charge.

Yes it will be rough, but a citizen can't be forced to accept immunity.
Note that this applies to ones speech, not documents. The 4th allows no
exceptions once a court order is issued (and there should be none - equal
protection) outside of the 5th. Of course the protection of the 5th gets 
fuzzier as one moves away from questions related to direct issues for one
might be prosecuted, that 'witness against himself' part. The catch there
is the court is in no place, being ignorant of the facts, to decide what
constitutes testimony against oneself (ie 'any criminal case). The 5th
would indicate that the only agent suitable to make that call would be the
person being asked the question.

                                 Amendment V

No person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a Grand Jury, except in
cases arising in the land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any person be subject for
the same offence to be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor
shall private property be taken for public use, without just compensation.


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