Kernochan directed Columbia's Legislative Drafting Research Fund from 1952 to 1969, organizing projects and studies in witness immunity, financial protection against nuclear hazards, arms control and health and air pollution regulation.
They also say an unscrupulous district attorney could abuse the proposed change in witness immunity.
Under Senate rules, the committee can offer a witness immunity only if two-thirds of the members vote to do so.
I now offer this witness immunity from prosecution for any crime other than that of murder and again repeat my question.
He also asked how the rule could be altered to allow negligence claims but not defamation claims, since if there was a well-founded defamation claim barred by witness immunity then a wrong would have been done without remedy in that instance.
Under Congressional rules, a two-thirds vote is required for any committee to give a witness immunity.
Mitchell also can't grant any investigation witness immunity against prosecution, and, in fact, the clubs have been informed during the conference calls that everything he and his investigators gather would become public.
Since this would violate the 5th amendment rights of the witness, the statute requires that the presiding officer must mandatorily preserve those rights, by guaranteeing the witness immunity from prosecution for anything they might truthfully say under such compulsion.
Actually giving a particular witness guaranteed immunity as a means to compelling their testimony is somewhat involved; the details of how it is done vary depending on the particular branch of government hearing the testimony.
Although the committee is controlled by Republicans, a two-thirds vote is needed to grant a witness immunity, leaving the committee's Democrats with the power to withhold consent.