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Can Biden-Pardoned Jan. 6 Committee Members Invoke Fifth Amendment

After a congressional report alleged that Jan. 6 committee members deleted documents and tampered with a witness, outgoing President Joe Biden pardoned every member. But that pardon could help the House GOP get closer to the truth.  

Legal experts point to Supreme Court precedent dating back to 1896 that would likely mean the Constitution’s Fifth Amendment right against self-incrimination wouldn’t extend to someone already pardoned of a potential crime in question. 

That would mean that those who have been pardoned could still be required to answer questions from a congressional panel and that they couldn’t claim the Fifth Amendment to avoid answering questions.

“The pardons of the committee members raise more questions,” Rep. Barry Loudermilk, R-Ga., told The Daily Signal. He added, “They can’t plead the Fifth, but they can be charged with contempt…

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