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Re:Reckless American 777 Pilots Refuse NTSB Interviews by SoftTalker on Saturday February 11, 2023 @11:36AM (#34753801)
You and I are represented by the NTSB in this process. The pilots unions represents the pilots.

If the pilots won’t talk, they may be subpoenaed. Not sure if that means the 5th Amendment would apply.

Re:Reckless American 777 Pilots Refuse NTSB Interviews by CalChris on Saturday February 11, 2023 @11:42AM (#34753852)
Unless it's a criminal case, no.

nor shall be compelled in any criminal case to be a witness against himself

Re:Reckless American 777 Pilots Refuse NTSB Interviews by ncallaway on Saturday February 11, 2023 @12:08PM (#34754115)
That’s not really accurate relative to the jurisprudence of the fifth amendment.

Generally, it’s held that you cannot be compelled to testify if there’s a reasonable likelihood that the response may tend to implicate someone. So you often can invoke 5A in civil contexts (which is why you’ll see people invoke it before Congress, or in civil trials).

One main difference is that in a criminal context we typically can’t draw an adverse inference against someone for invoking their fifth amendment rights. Whereas in a civil context we can. That doesn’t help us here much, though, because to my knowledge the NTSB is mostly interested in getting to the truth of the matter and not assigning liability or penalties.

One option to pierce 5A is to grant immunity for all testimony covered. So if the NTSB was pretty sure that the pilots aren’t going to be criminally charged for the incident (which they likely wouldn’t be), they could work with the DOJ to immunize the pilots for their testimony. That eliminates the risk of criminal prosecution for their responses, and nullifies the fifth amendment.

Re:Reckless American 777 Pilots Refuse NTSB Interviews by dixie_land on Saturday February 11, 2023 @12:07PM (#34754098)
You can plead 5th even in a civil case since what you say might lead to future prosecution.
Re:Reckless American 777 Pilots Refuse NTSB Interviews by ceejayoz on Saturday February 11, 2023 @11:37AM (#34753812)
The article says they have been subpoenaed.
Re:Reckless American 777 Pilots Refuse NTSB Interviews by dylan604 on Saturday February 11, 2023 @11:43AM (#34753860)
If you have to be subpoenaed, then you should also have to be license suspended until testimony provided. I'm all for having some sort of representation for the interview, but to refuse to cooperate unless legally forced to is beyond unfathomable.
Re:Reckless American 777 Pilots Refuse NTSB Interviews by prmoustache on Saturday February 11, 2023 @12:07PM (#34754105)
You could argue they are not refusing to cooperate. They may not bewilling to cooperate under new terms (recording instead of live note taking).
Re:Reckless American 777 Pilots Refuse NTSB Interviews by dylan604 on Saturday February 11, 2023 @12:16PM (#34754184)
I don't really give a damn about what they want. They are licensed pilots. Part of the requirements of being licensed means when accidents happen, you talk to people. If that talk is recorded, so be it. The recording works both ways. If the interviewer is being a dick and refusing to listen, then the recording will show that. If you're being combative and refusing to cooperate, then it will show that too. This argument falls flat with me regarding police body cams.

Hoping a note taker misses some salient detail in your favor is just trying to game the situation when you probably feel you're at fault. This isn't someone that committed a crime and is facing a judge/jury with possibility of going to jail. This is a licensed employee responsible for the safety of a not small number of other human beings. Some things stand to higher accountability