Don’t think it will apply under impeachment can only claim the 5th if it is a criminal paneled grand jury or trial and you typically are one of the subjects for regarding self incrimination. In Civil and non criminal (this is impeachment) it has no merit and you can be held in contempt and very possibly jailed for not answering. Biden to claim the 5th would set himself up for future criminal prosecution of a possible crime, he has all right in the world to claim the 5th at that point, but runs a great risk to his future by not answering questions in an non criminal impeachment trial.
Not quite.
First, you initial statement said "charged with obstruction" which is a criminal offense, contempt of court is not. I was responding to the "obstructing".
Then, there is the matter that the 5th CAN be applied to civil matters. See; Giles v. Doggett, 1972 OK 91, 500 P.2d 574, the court held the Fifth Amendment applies to statements compelled in civil cases from the person who might be subjected to criminal charges. The privilege is personal to the individual who might be incriminated. Rogers v. United States, 340 U.S. 367, 371 (1951); United States v. Nobles, 422 U.S. 225, 233, 95 S.Ct. 2160, 2167 (1975).
No inference of guilt can be made in a criminal proceeding for invoking the 5th, however a civil jury can draw an inference of guilt from invoking the 5th, but is not required to. Incarceration for contempt of court in a civil case because you invoked the 5th would be the same as coercion. Where the Plaintiff can get around this is by calling other witnesses to provide the documents/testimony.
Interesting thing about invoking the 5th in a civil matter, once you do that, you are barred from coming back later and offering testimony or evidence on the matter that caused you to invoke the 5th, unlike in a criminal trial, where you can.
I'd like to see Biden do that 5th Amendment two-step in an impeachment trial. Trump & Co would be all over that with the "inference of guilt".
Ed
