Using the Fifth Amendment is also a tacit admission of guilt, too, which comes with a risk a turning themselves into a target instead of a witness.

The closer the DOJ gets to Trump's inner circle, the more sever the penalty. The severity of the penalty is what gives the DOJ the leverage.

So, the real question is, will Miller save himself by negotiating an immunity plea deal ~~ or will he decide to rough it out to protect Donald Trump?

LAMP

"Not according to the Constitution."

That's true. Any judge would include that in his/her jury instructions.

That why I used the word "tacit." Juries can't use it in their deliberations but they're well aware of the implication when a witness admits "on the grounds that I may incriminate myself."

"Of what? ~~ I'm thinking a jury might decide to let that question be answered in another trial.

LAMP

"I suspect this will wind SCOTUS."

Or maybe not ~~ considering the way the name of Clarence Thomas is being dragged into the investigation of John Eastman.

That's a whole 'nuther can of worms about which the SCOTUS might prefer to defer.

LAMP

"I don't see the current SCOTUS as deferring on anything...

Don't me too sure. They've voted in favor of the DOJ in their last two rulings, with no dissenting opinions. That's almost unheard of.

Roberts seems to be in rehab mode.

Maybe "defer" is the wrong word. I should have said "refuse to hear" especially if the case for the defense is full of holes the size of craters.

LAMP

"Roberts seems to be in rehab mode."

Let's don't forget, Roberts is the SC justice who is in charge for the District of Columbus where both the January 6 case and the Mar-a-Lago case will be filed.

AND, I almost forgot to mention, Judge Emmet Sullivan is the U.S. District Judge for the District of Columbia.

The Special Prosecutor is no fool.