Right and Huang

articles
July 20 1997 3:30 AM

Right and Huang

How to prevent an Oliver North-style escape.

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This analysis would startle most defense lawyers today, but it shouldn't. The Fifth Amendment derives from England, and the English rule for immunity is Option 3. In America, when immunity statutes first popped up, most courts embraced Option 3. This option would allow Thompson to do his job without preventing Reno from doing hers. It would prevent the Senate from usurping the pardon power, and would prevent states from nullifying federal prosecutions. Most important, it affirms both Truth and Justice.

Akhil Reed Amar is Southmayd Professor of Law at Yale Law School and author of The Constitution and Criminal Procedure: First Principles, and was a participant in the Slate "" on truth and crime.

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