Fifth Amendment Privilege
Waived / Narrowed
Pardon extinguishes federal criminal jeopardy; Fifth Amendment unavailable unless state risk or perjury persists.
Compulsory Testimony Requirement
Compulsory Testimony Enforceable
Pardon eliminates self-incrimination grounds; Congress may compel answers under threat of contempt.
Legal Jeopardy Exposure
State & Perjury Jeopardy Only
Federal historical acts shielded, but new false statements before Congress carry criminal liability.
Grounded Constitutional Precedents
Ex parte Garland
71 U.S. 333 (1866)
Establishes that presidential pardons release the offender from all punishment and blot out the offense, removing legal liability for federal crimes within scope.
Burdick v. United States
236 U.S. 79 (1915)
Holds that a pardon carries an imputation of guilt and acceptance a confession thereof. Extinguishes Fifth Amendment privilege regarding pardoned federal acts.
Quinn v. United States
349 U.S. 155 (1955)
Affirms that Fifth Amendment protection applies fully to Congressional inquiries unless validly waived or offset by adequate immunity protections.
McGrain v. Daugherty
273 U.S. 135 (1927)
Establishes Congressional power to issue subpoenas and compel testimony as an essential auxiliary to the legislative function under Article I.