The Fifth Amendment to the U.S. Constitution states: “No person … shall be compelled in any criminal case to be a witness against himself.” In New Jersey, a battle has developed over a legislative committee’s demand for emails from Governor Chris Christie’s people in connection with the Bridgegate investigation. (Alas, 40+ years after Watergate, we finally have another water-related “gate.”)
Absent a grant of immunity, no one can be forced to testify about matters if the testimony may be self-incriminating. But what about emails and other records, created long before the investigation?
I have had one case in my 32+ year career that involved Fifth Amendment claims, and it revolved around a waiver of those claims. So, I’m no