Shaun Kent
👤 SpeakerAppearances Over Time
Podcast Appearances
It would be different if you were David who was looking at some type of criminal liability.
Under that situation, you can say, I should not be allowed or be forced to testify against myself.
So you can't bring somebody in and say, David said, we want you to testify in front of the grand jury and tell us everything you've done.
Well, David has a constitutional right.
But you, sir, are a family member.
We hear it all the time.
You have a right to remain silent.
You are a potential witness.
So you cannot force him to get in front of a grand jury and say, tell us what happened.
You might have information that we need to know to justify, satisfy and help with a conviction or potentially solve a crime.
You can't force him to do that.
He doesn't have to say anything.
So he would have a due process right.
But as far as a regular witness, they just don't.
And so that's what he's saying.
He's I mean, and I don't want to talk down anyone.
And just because they are his family members, there are no privilege to family members.
It's an inartful argument to try to get away from a subpoena.
Privileges, Anushka, that do exist, like there is a attorney-client privilege.
And as you can see, two separate courts said it's not going to work.