Quote:
Originally Posted by iron81
Except the fifth doesn't apply to document requests, just testimony.
That is not true. There is an "act of production doctrine." Basically, courts have found that in some instances, the very act of producing the documents is incriminating in itself, and thus the 5th applies.
A simple example, someone steals documents from my business. I suspect you stole them and send you a subpoena for the document. Producing them would obviously incriminate you, so courts say that this is the equivalent of being forced to give self-incriminating testimony that you stole the documents.
This doctrine is not particularly well defined in practice, so will be interesting to see what documents Flynn would be allowed to withhold under the 5th.
Link to description of seminal SCOTUS case explaining doctrine:
https://en.wikipedia.org/wiki/United_States_v._Hubbell
Last edited by JonnyA; 05-22-2017 at 01:56 PM.