Page:CTRL0000034608 - Deposition of John Eastman, (Dec. 9, 2021).pdf/32

32 Dr. Eastman, did you discuss this six-page memo with the President of the United States?

Fifth.

Okay. Next, I'm going to ask you about a January 4th, 2021, meeting with President Trump and the Vice President of the United States, but before I do that, I'm going to pause to see if any members have questions on the six-page memo.

Ms. I have a question really related to a prior comment made by our witness.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be put twice in jeopardy of life or property; nor shall be compelled in any criminal case to be a witness against himself.

Is that in the Fifth Amendment, Dr. Eastman?

Mr. Madam Congresswoman, I've instructed my client, as I've discussed with your colleagues, I think, before you may have joined, that I've counseled him not to discuss the basis for his invoking the Fifth. I would offer only an --

Ms. I'm not asking the basis. I'm just asking, is that what the Fifth Amendment says?

Mr. I expect he'll invoke his Fifth in response to that question. As far as I could tell, it was quoted correctly, and I would just refer this body to cases such as Watkins from the Supreme Court that hold that the Fifth applies in congressional proceedings, and we're invoking it on that basis today.

Ms. I yield back.

Mr. Could I just follow up on that for a moment?