Subpoenas And The Fifth Amendment: The Chris Christie “Bridge” Scandal, Ctd

The media is reporting that Bridget Kelly, former aide to New Jersey governor Chris Christie, is “taking the Fifth” in response to subpoenas issued by a New Jersey state legislative committee investigating the George Washington Bridge closure scandal.  According to the New Jersey Star-Ledger, Kelly’s lawyer, Michael Critchley, wrote in a letter in response to the subpoenas:

Here, the information demanded from Ms. Kelly … directly overlaps with a parallel federal grand jury investigation being conducted by the United States Attorney’s Office for the District of New Jersey.  . . .  As such … Ms. Kelly asserts her rights under the Fifth Amendment of the United States Constitution and New Jersey law and will not produce the information demanded by the Committee.

Is Ms. Kelly’s invocation of her Fifth Amendment right not to incriminate herself proper in response to a subpoena?  Possibly, but probably not.  Here’s why.

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