Pardon Me: When Congressional Witnesses Plead the Fifth
Congressional committees frequently use their subpoena power to compel witnesses to appear before them and testify. But appearing before Congress does not necessarily mean answering every question. When may a witness invoke the Fifth Amendment? Does a presidential pardon eliminate the privilege against self-incrimination, and if so, to what extent? And what options remain available to Congress when a witness declines to testify?
These questions have taken on renewed significance following Dr. Anthony Fauci's invocation of the Fifth Amendment privilege in recent congressional testimony and the debate over the legal effect of the pardon he received from President Biden.
Join us as our panel examines the constitutional and statutory framework governing congressional testimony, including the privilege against self-incrimination, grants of immunity, presidential pardons, and contempt of Congress, as well as the practical considerations facing both investigators and witnesses.
Featuring:
- John G. Malcolm, Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
- Clark Neily, Senior Vice President for Legal Studies, Cato Institute
- (Moderator) G. Zachary Terwilliger, Partner, Vinson & Elkins, and former U.S. Attorney for the Eastern District of Virginia
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
