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Making a Cheek Good Faith "Defense" Without Testifying

In United States v. Kokenis , ___ F.3d ___, 2011 U.S. App. 23370 (7th Cir. 2011), here , the Seventh Circuit affirmed a conviction, although the Court rejected the trial court's notion that the defendant must testify -- thereby waiving his Fifth Amendment privilege and subjecting himself to cross...

Making a Cheek Good Faith "Defense" Without Testifying

In United States v. Kokenis , ___ F.3d ___, 2011 U.S. App. 23370 (7th Cir. 2011), here , the Seventh Circuit affirmed a conviction, although the Court rejected the trial court's notion that the defendant must testify -- thereby waiving his Fifth Amendment privilege and subjecting himself to cross...

Invoking the Fifth - the House Oversight Inquisition

Most readers will already know that Lois Lerner, a manager in the IRS division processing Section 501(c)(4) exempt organizations applications, invoked her 5th Amendment privilege in the House Oversight Committee public investigation (more akin to an inquisition than an objective search for truth). The...