Re:Chelsea Manning Can Remain in Jail for Another Year, Judg...
by ajross on Wednesday August 07, 2019 @12:21PM
(#20636140)
AFAIK, she hasn't invoked the fifth, nor asked for[1] immunity as part of a plea deal. It's just not relevant.
The principle here is that we have a legal duty to testify truthfully in response to a subpoena, and failing to do so is a crime that can be punished. There are specific carve outs, like the fifth amendment, or the various legally defined privileged communication areas (e.g. legal/medical details). But in order to avoid jail time you need to make one of these arguments before the court and win.
[1] Edit: I looked it up, and in fact Manning has already been granted immunity for this case. So the fifth is right out the window, there is no crime in which she can implicate herself by testifying.
The principle here is that we have a legal duty to testify truthfully in response to a subpoena, and failing to do so is a crime that can be punished. There are specific carve outs, like the fifth amendment, or the various legally defined privileged communication areas (e.g. legal/medical details). But in order to avoid jail time you need to make one of these arguments before the court and win.
[1] Edit: I looked it up, and in fact Manning has already been granted immunity for this case. So the fifth is right out the window, there is no crime in which she can implicate herself by testifying.