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ProSense

(116,464 posts)
Fri Jan 31, 2014, 05:20 PM Jan 2014

Second Christie Pal Invokes Fifth Amendment Rights

Second Christie Pal Invokes Fifth Amendment Rights

Bill Stepien, New Jersey Gov. Chris Christie's (R) former campaign manager, on Friday became the second Christie ally to invoke his 5th Amendment rights in response to the investigation of the George Washington Bridge lane closures.

In a letter to the special counsel working with state lawmakers investigating the closures, Stepien's attorney argued that the subpoena served to his client violated his constitutional rights, and requested that it be withdrawn.

"Bill Stepien has not broken any laws," attorney Kevin Marino wrote in the letter. "Under the circumstances, Mr. Stepien simply has no choice but to invoke the constitutional and common law rights guaranteed to all persons - including, most critically, those innocent of any crime. For these reasons, amplified below, we object to the Subpoena in its entirety, and respectfully urge the Committee to withdraw it."

Stepien was among a number of Christie allies who were subpoenaed earlier this month by state lawmakers, who asked for documents related to the lane closures. The subpoenas were all returnable Feb. 3.

- more -

http://talkingpointsmemo.com/muckraker/bill-stepien-letter





13 replies = new reply since forum marked as read
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Second Christie Pal Invokes Fifth Amendment Rights (Original Post) ProSense Jan 2014 OP
The 5th Amendment does not apply to subpoenas and documents Gothmog Jan 2014 #1
Yup! I think you're right. longship Jan 2014 #4
TPM has the 18+ page letter from Septien's attorney Gothmog Jan 2014 #8
You are correct, Sir! I don't think it will be long before requests for immunity are heard ... 11 Bravo Jan 2014 #7
It can apply to doccuments Travis_0004 Jan 2014 #11
Fisher is one of the cases cited by Septien's attorney Gothmog Jan 2014 #12
K & R !!! WillyT Jan 2014 #2
K&R!!! Whisp Jan 2014 #3
Man that letter is pretty fucking funny.. SomethingFishy Jan 2014 #5
Just wait, mstinamotorcity2 Jan 2014 #6
They'll throw anything at the wall until something sticks... lindysalsagal Jan 2014 #9
Check Out This Video... Laxman Jan 2014 #10
Good. Let the bully squirm. ProSense Jan 2014 #13

Gothmog

(145,413 posts)
1. The 5th Amendment does not apply to subpoenas and documents
Fri Jan 31, 2014, 05:25 PM
Jan 2014

The campaign manager for Christie is going to be spending some time in jail for contempt unless he complies with the subpoena

Gothmog

(145,413 posts)
8. TPM has the 18+ page letter from Septien's attorney
Fri Jan 31, 2014, 06:21 PM
Jan 2014

I skimmed the 18+ page letter raising the 5th amendment http://talkingpointsmemo.com/muckraker/bill-stepien-letter I have not read the cases cites but I doubt that the law is clear on this issue. If it takes 18 pages to explain your position, then you know that you have some issues.

I will read the letter more carefully and may download the cases cited later this weekend. I was not impressed with the letter from what I saw. I think that the attorney for this witness is trying to make production of documents equivalent to testimony which is not normally how subpoenas work

11 Bravo

(23,926 posts)
7. You are correct, Sir! I don't think it will be long before requests for immunity are heard ...
Fri Jan 31, 2014, 05:58 PM
Jan 2014

and THEN the fertilizer will hit the ventilation!

 

Travis_0004

(5,417 posts)
11. It can apply to doccuments
Fri Jan 31, 2014, 07:16 PM
Jan 2014

See Fisher vs US.

I don't think he will win this case, and I don't think the case law in Fisher will be enough, but he is certainly allowed to request a hearing on his 5th amendment rights. I doubt the court would throw him in jail for not complying, instead they need to have a hearing on the issue to decided if he does have a 5th amendment rights to those documents, and only then should be be in contempt.

The easier solution might be to give him immunity, and force him to testify. If Christie is the target anyway, I don't see the harm if it gets more accurate information out there.

Gothmog

(145,413 posts)
12. Fisher is one of the cases cited by Septien's attorney
Fri Jan 31, 2014, 07:21 PM
Jan 2014

I need to read this case and the other cases cited. The fact that it took 18+ pages to make the case here does not impress me. If the law is clear, the lawyer would not be working to hard to make his case in this letter

SomethingFishy

(4,876 posts)
5. Man that letter is pretty fucking funny..
Fri Jan 31, 2014, 05:43 PM
Jan 2014

"I'm innocent but if I have to spill the beans it may look like I'm guilty of something else."

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