On Congressional grants of immunity, I found
this post interesting.
Quote:
I address the problem of how Congress can provide effective oversight of the executive branch in the article. My analysis is that Congress has an inherent power to conduct investigations, which has been recognized since the Founding era. That power includes the ability to compel testimony from witnesses -- even without granting immunity for potentially incriminating testimony.
If a witness is required to give testimony that ends up being incriminating, the Fifth Amendment privilege against self-incrimination should still be applicable at a later trial. The result would be substantially the same -- the judge in the case would apply the privilege to exclude evidence that came from the congressional compulsion. The only practical difference is that Congress can't promise in advance that the evidence will be excluded. The application of the Constitution to the situation is up to the judge.
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