I want to clarify something since a few people have brought up that there might be a misunderstanding or I might be communicating poorly.https://twitter.com/EmilyGorcenski/status/935433351762186240 …
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When people say "take the 5th", colloquially they mean the right to remain silent, i.e. to not self-incriminate. But the 5th is a complex thing.
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It does not mean you have the right to remain silent, consequence free, under all circumstances.
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A grand jury is one of those times where that right may not apply. I've had many people ask me, "well if I got subpoena'd couldn't I take the 5th?" I really want to be clear that I am cautioning against treating this like magic words.
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Grand jury resistance is possible. There are resources, easy to find. What it does *not* look like is showing up on the day of and trying to invoke the 5th. If you do that you will almost surely be found in contempt and can go to jail.
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I am also not saying "you have no rights just talk." Not at all.
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What I am saying is what I've said many times: find a lawyer. Get the most complete information you can get. And make a judgment because you know your situation best.
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What I am also saying is: do not expect to be subpoenaed for a grand jury, walk into the hearing, say "I take the 5th" and expect everything to be sunshine and rainbows.
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I am also saying: do know that grand juries can ask about anything. So make that part of your value calculus.
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Folks in activist movements generally know this. I'm not tweeting for them. I'm tweeting for the folks organizing and protesting for the first time who might be caught up in stuff.
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