Three other former H.U.D. officials have cited their right under the Fifth Amendment to avoid compelled self-incrimination in refusing to testify before the subcommittee.
The Court reasoned that the defendant had a superior property right in the papers, and that compelling their production as evidence was compelled self-incrimination.
Without immunity, the witnesses could invoke their Fifth Amendment right against compelled self-incrimination in refusing to testify.
The public knows that amendment mostly for its protection against compelled self-incrimination.
Possible Grant of Immunity Mr. Keating had invoked his constitutional protection against compelled self-incrimination before a private session of the panel.
But he said it also raised questions about fundamental social and constitutional issues like the right to privacy and protections against unlawful search-and-seizure and compelled self-incrimination.
Last month she cited her constitutional right against compelled self-incrimination in refusing to testify before Congress about her activities at the $15 billion department.
Until now, Mr. Huang has asserted his Fifth Amendment right against compelled self-incrimination in refusing to cooperate with the investigators.
The oversight committee had requested that General Kensinger testify on Tuesday, but he declined through a lawyer, citing his constitutional right to avoid compelled self-incrimination.
That court had overturned a drunken-driving conviction on the ground that the prosecution violated the suspect's constitutional right against compelled self-incrimination by playing the videotape at the trial.