Right and Huang
How to prevent an Oliver North-style escape.
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 a Yale law professor and author of America’s Unwritten Constitution: The Precedents and Principles We Live By.