Solyndra Misuses the Fifth Amendment

Over at NRO’s Corner, Attorney Hans A. von Spakovsky explains the misuse of the Fifth Amendment by Solyndra executives at last Friday’s congressional hearing and in doing so, he gives us an excellent lesson on the Amendment. His explanation also clears the smoke that Rep. Henry Waxman (D., Calif.) was blowing in an attempt to hide any executives’ wrongdoings. The pleading of the Fifth by the executives is also shown to be a directional arrow pointing to all the possible criminal violations that may have occurred.

From NRO’s Corner

…two executives of Solyndra, the bankrupt solar energy company, pled the Fifth to avoid answering questions about how the company wangled a $535 million loan guarantee from the Department of Energy…Rep. Henry Waxman (D., Calif.) jumped to their aid. He protested when other members of the House Subcommittee on Oversight and Investigation continued questioning the witnesses after they had asserted the privilege. “It’s unseemly and inappropriate for members to be asking questions that you now know they will not answer,” Waxman claimed.

Waxman’s assertion that it was inappropriate for members to continue asking questions is…legally incorrect…Generally, it cannot be asserted to avoid answering questions in a purely civil matter…when a witness invokes the Fifth Amendment, he can use it only to avoid answering specific questions that will incriminate him or potentially link him to possible criminal liability. He cannot use it to avoid answering questions because he fears being embarrassed by his answer or because he believes it will cause political damage…The subcommittee members had the right to continue to ask Harrison and Stover questions…You can’t use the Fifth Amendment to avoid answering “political questions”… By refusing to answer certain specific questions, the Solyndra executives told us that they believe they are risking criminal liability…

Read it all here: Misusing the Fifth Amendment



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One Response to “Solyndra Misuses the Fifth Amendment”

  1. Dan Brown Says:

    TESLA TAKES GOVERNMENT TAX MONEY SAYING THEY WILL CREATE U.S. JOBS and then hires FOREIGNERS: : Look at the ads Tesla has placed on LinkedIn: “Senior Immigration Paralegal – Tesla Motors- Palo Alto, California (San Francisco Bay Area), etc…”

    Elon Musk made a deal with Dianne Feinstein to take over the NUMMI plant so it would look like she saved jobs but, in fact, almost no NUMMI staff were hired and Tesla does not even know how to set-up the factory.

    John Doerr & Steve Westly ran Steven Chu’s nomination and forced the White House to appoint him and then forced Steven Chu to fund their company: Tesla Motors.

    Tesla cooked the books to get DOE funding.

    The CEO & senior staff lied to the City of San Jose about building their car factory there and those communications are actionable.

    The CEO & senior staff lied to multiple other cities about building their car factory there and those communications are actionable. They always promise a city or country a factory or sales office and then pull out.

    The CEO has been sued by his staff, his wife, his business partners and his suppliers for manipulation and unethical behavior.

    The CEO paid GQ magazine to write a story about him to help him get dates. The CEO paid the marketing group for Iron Man to say that Iron Man was based on him. History has shown that megalomaniacs have destroyed every company they have run.

    The CEO cheated on his wife with escorts while married. The values of the CEO are the values of the Company. Eolon Musk hires most of the escorts in Silicon Valley.

    The car electromagnetic radiation fields from the battery pack cause cancer.

    They bribed officials to get their federal loan and the funds expended by them to get that loan are being traced back to sources. The McKinsey guys at DOE are connected on paper to Tesla in extensive conflicts of interest.

    He was $100,000.00 off, PER CAR, on the cost to build each car. The company has blown tens of millions of dollars on work it had to completely dump in the garbage and start over on.

    The company has numerous consumer complaints on price changes, overheating of the battery and charging system and inability to get 220V without huge premiums for the setup.

    Nobody is buying the cars anymore and there are hordes of competitors with better electric cars.

    (Free to repost)

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