QUESTION: Grand jury immunity. Help!

[aquart]

Somebody correct my knowledge, please? My experience has been that a person testifying before a grand jury has immunity for what they testify to. Which is why the subject of an investigation is only called if he waives his immunity. So if Rove testified three times before the grand jury, he has immunity for being the leak, but he would not have immunity for perjury?

Because I cannot imagine Rove waiving his immunity.

So is perjury the only charge they can bring?

[Coyote_Bandit]

1. He remains culpable

unless he was specifically given immunity for his earlier testimony. And that is not likely. Typically immunity is given at grand jusry hearings to folks believed to have criminal liability in order to get them to testify against someone that is a more significant target.

[wookie294]

2. Rove has no immunity from a crime

No immunity occurs just because someone testified before a grand jury. People can be given immunity for testifying, but it doesn't automatically exist just because someone testifies in a grand jury.

[leveymg]

3. Immunity is offered as an incentive to uncooperative witnesses

who might have themselves committed a crime. Immunity is offered to persons to waive their Fifth Amendment right to not incriminate themselves. If you're offered immunity -- as was Miller and Cooper -- and still remain silent, they can hold you in jail on contempt charges. That's what happened with Miller.

Immunity's not extended to everyone - it's usually used tactically to get the small-fry to open up about they know the bigger-fish said or did. The only way I can imagine that immunity might be offered to Rove would be if he had the goods on Bush or Cheney, and that was the only way to get him to talk.

Rove lied about he told Cooper, and as a result he's going to be indicted for perjury.

[TahitiNut]

4. Also, there are degrees of immunity.

The grand jury can offer use immunity or (rarely) transactional immunity.

Anyone interested about grants of immunity can read about it at http://www.usdoj.gov/atr/public/guidelines/206936.htm

An immunized witness cannot refuse to testify on the ground that his testimony will incriminate him. Immunity is a useful investigative tool, particularly in antitrust conspiracy cases where there is usually little probative physical evidence and few, if any, uninvolved witnesses. All Division attorneys should have a working knowledge of the relevant law and internal Department and Division policies and procedures before seeking immunity for any witness.

Two broad categories of immunity have been used in the federal system: "transactional" immunity and "use" immunity. Transactional immunity precludes the Government from prosecuting a witness for any offense (or "transaction") related to the witness' compelled testimony. Use immunity precludes the Government from using, directly or indirectly, a witness' compelled testimony in a prosecution of that witness.

[aquart]

5. Why did Rove's lawyers allow him to testify with no immunity?

[TahitiNut]

6. We don't know whether they did.

It wouldn't protect him from charges of perjury. "Use immunity" wouldn't protect him from evidence provided by the testimony of others.

[DoYouEverWonder]

7. He might have taken the fifth

for all we know, at this point.

However, I think it is of greater interest the list of people who didn't testify. Those are the one who are going to be indicted.

Rove may be indicted too, but I think he's going to be charged with perjury for lying to a grand jury rather then being the one who originally leaked Plame's ID.

[aquart]

9. Who didn't testify?

[DoYouEverWonder]

10. At least a few of people as far as I know

Cheney, Bolton, Scooter Libby off the top of my head? I'm might be wrong since I don't have time to check but if you are the subject of the investigation, you probably won't be called to testify.

[aquart]

11. Can Cheney be indicted?

Wouldn't he be an "unindicted co-conspirator"?

[DoYouEverWonder]

12. Why not?

I don't recall any granting him any sort of immunity yet? But I'm sure he'll have plenty of plausible deniability.

[Jersey Devil]

8. No, there is no immunity generally

You can take the 5th, but unless granted immunity, as is done only when you are going to give them someone higher up in most instances, you are responsible for what you say. Also, if you lie you can be charged with perjury even if you have a form of immunity.