EXCLUSIVE: Jan. 6 Committee Is Using Innocent Americans’ Assertion Of Their Constitutional Rights As Proof Of Guilt
By: Margot Cleveland July 12, 2022 (another long and excellent article)Part 1 of 3
Implying guilt based on a witness asserting his rights ‘is a McCarthy-esque tactic that offends the Constitution and is unworthy of the United States Congress.’ The Jan. 6 Committee is abusing its power by asking inappropriate questions about their fellow Americans’ beliefs and associates, and publicly portraying witnesses who exercise their Fifth Amendment rights as guilty — all to put on a show trial.
Later on Tuesday, the Jan. 6 Committee will hold yet another public hearing, this one purportedly to focus “on the role of extremists” in the attack on the Capitol. While the precise script for the afternoon’s proceedings remains unknown, last week Democrat Rep. Jamie Raskin previewed the committee’s plans, telling The New York Times that when public hearings resumed in July, “he intends to lead a presentation that will focus on the roles far-right groups like the Proud Boys, the Oath Keepers and 1st Amendment Praetorian played in the Capitol attack.” According to the Times, “Mr. Raskin has also promised to explore the connections between those groups and the people in Mr. Trump’s orbit.”
Recycling the Fifth Amendment Tactic
An attorney for 1st Amendment Praetorian, or 1AP, a nonprofit dedicated to protecting free speech, spoke exclusively with The Federalist about the committee’s questioning of 1AP, the group’s founder, and another member of the nonprofit, all of whom she represents. From the framing of the questions posed to her clients, Leslie McAdoo Gordon was left with the firm impression that the Jan. 6 Committee merely wanted video capturing her clients declining to answer the questions for the purpose of impugning their character during the televised hearings.
“The committee knew before the depositions that my clients would be asserting their First and Fifth Amendment rights, and also would not answer any questions because the depositions were being held in violation of the rules established by the House,” McAdoo Gordon told The Federalist. So, shortly after the hearing began and the 1AP witnesses made clear they would not answer any questions, the staffers moved to general topic areas and would ask a few prepared questions, then the committee representative would note that he had more questions on the topic and inquire whether if he asked those questions, the witnesses intended to assert the same objections.
“My clients would respond ‘yes’ to that question, so then the committee would move forward with the next topic,” McAdoo Gordon said. “But after covering various topics, the committee staffer at the end volleyed a litany of individual questions to my clients, forcing them to respond to each question with ‘Rules, First, and Fifth,’ the shorthand we had agreed to with the committee to convey their objections to questions posed.”
Given that the committee had broadcast video of Michael Flynn asserting his Fifth Amendment right against self-incrimination in an earlier hearing, McAdoo Gordon said she wouldn’t be surprised if Tuesday’s hearings include clips of her clients refusing to answer the committee’s questions.
In fact, she said as much to the committee in a letter last week. After calling the lawmakers out for implying to the public that Flynn was guilty of some crime because he asserted his Fifth Amendment rights, McAdoo Gordon wrote that implying guilt based on a witness asserting his rights, “is a McCarthy-esque tactic that offends the Constitution and is unworthy of the United States Congress.” The attorney added that she is “forced to anticipate that the Committee will use the same totalitarian tactic to improperly smear 1AP.”
The irony is that McAdoo Gordon was working with the committee to arrange for her clients to testify voluntarily, within the bounds of the First Amendment, until the committee concocted what she has called a “cockamamie” criminal conspiracy theory. The committee argued in litigation with former Trump attorney John Eastman “that President Trump, Dr. Eastman, and others conspired to defraud the United States by disrupting the electoral count,” supposedly in violation of Section 371 of the federal criminal code, which makes it a crime to “conspire to defraud” the United States. The committee’s pushing of what she called a “preposterous” legal theory left McAdoo Gordon “with no option but to recommend that my clients assert their Fifth Amendment right against self-incrimination.”..
https://thefederalist.com/2022/07/12/exclusive-jan-6-committee-is-using-innocent-americans-assertion-of-their-constitutional-rights-as-proof-of-guilt/