FAS

The Fifth Amendment in Congressional Investigations

05.30.17 | 1 min read | Text by Steven Aftergood

Individuals have a broad right to refuse to testify before Congress by invoking the Fifth Amendment right against self-incrimination, the Congressional Research Service explained last week.

“Even a witness who denies any criminal wrongdoing can refuse to answer questions on the basis that he might be ‘ensnared by ambiguous circumstances’.”

On the other hand, the scope of the Fifth Amendment privilege applies more narrowly when it comes to a congressional demand that a witness produce documents. “The Supreme Court has made clear that the mere fact that the contents of a document may be incriminating does not mean that the document is protected from disclosure under the Fifth Amendment.”

See The Fifth Amendment in Congressional Investigations, CRS Legal Sidebar, May 26, 2017.

Other new and updated products from the Congressional Research Service include the following.

President’s FY2018 Budget Proposes Cuts in Public Health Service (PHS) Agency Funding, CRS Insight, May 24, 2017

President John F. Kennedy Assassination Records Collection: Toward Final Disclosure of Withheld Records in October 2017, CRS Insight, May 26, 2017

publications
See all publications
Global Risk
Blog
When the Climate Shifts, So Do the Pathogens (And So Should We)

As humans expand our geographic reach, encroach on untouched natural territories, and interact more with animal populations, we will encounter novel zoonotic diseases that threaten the human body. The sooner we act to address these risks, the better.

09.11.26 | 7 min read
read more
State & Local Innovation
Report
Before Breaking Ground: A Local Government Guide to Better Data Center Policy and Community Benefits

This report serves as a landscape assessment and toolbox from which local governments can negotiate an informed position when it comes to the levers available to them and includes a first-of-its kind analysis of eight executed community benefits agreements.

09.10.26 | 42 min read
read more
Government Capacity
Blog
Federal Data Help Communities Prepare for, Respond to, and Recover from Hurricanes. Data Terminations Will Make Them More Deadly.

When a hurricane hits, it’s all hands on deck – that goes for federal data, too. Pulling back from our investments in timely, accurate, and accessible public data will only make us less prepared and put us all at greater risk.

09.08.26 | 5 min read
read more
Government Capacity
Blog
The Public Health Cost of Eliminating Race and Ethnicity Data

This is bigger than a singular elimination of race and ethnicity questions. It could accelerate the second wave of widespread reductions to demographic data, leaving public health officials with even less information to deliver better health outcomes for all Americans. 

09.04.26 | 6 min read
read more