Congress initiates investigations to issue press releases and to give the impression of undertaking oversight to get to the truth. Unfortunately, Congress never seems to discover the truth. The question is why. Does it lack the authority, or does it mean the Congress can’t handle the truth? Since Congress can grant Use Immunity to compel witnesses to testify, it must be that Congress can’t handle the truth.
“Use immunity” allows Congress to compel testimony from a reluctant witness while protecting that witness from having the testimony used against them in court. The Fifth Amendment guarantees Americans the right not to incriminate themselves. Without immunity, many witnesses in politically sensitive investigations would simply refuse to answer questions. Congress would learn little, and oversight, one of its core constitutional responsibilities, would be a worthless effort. So, why is the House Oversight Committee unwilling to grant Use Immunity to find out the truth in the Epstein crimes?
Use Immunity bars any evidence derived from a witness from being used against the witness; however, the witness can still be prosecuted if the government relies on evidence obtained independent of the witness’s testimony.
Granting Use Immunity to witnesses in its Epstein investigation would allow Congress to find the truth of what might be the biggest scandal in U.S. history, involving some of the most prominent and wealthiest people in the world, people who have probably abused more women than any other group in history.
The usual excuse Congress relies upon for not granting Use Immunity is that the testimony given often complicates or intrudes upon the source of evidence used by prosecutors when prosecuting the witness in a criminal proceeding, as occurred in the trial of Oliver North.
As part of its oversight investigations, Congress should ask itself – What is more important to the United States – knowing the truth about what occurred and who was involved in the Epstein scandals or convicting witnesses like Ghislaine Maxwell, who has asserted the Fifth Amendment privilege? Maxwell is already serving time in a federal prison.
It should be clear to the House Oversight Committee that since the Department of Justice (“DOJ”) will do whatever is necessary to obstruct the House Epstein investigation, the House need not concern itself with interfering with a criminal prosecution that will never occur.
The House must recognize reality – he who controls the DOJ determines the rule of law in this country. None of the men involved in the Epstein scandal will ever be prosecuted by the DOJ.
As long as the DOJ continues to protect the offenders in the Epstein scandal, there will be no justice for the abused women. Congress must accept that the Constitution is only as viable as those who have the power to determine its meaning and application. In the Epstein situation, it is the President, the DOJ, and Congress.
If the House seeks punishment against those involved in the Epstein scandals, Congress, as the legislative branch, can’t impose it. The Oversight Committee does have the power to discover the truth. Unfortunately, the Committee’s investigation is a “futile and stupid gesture” that obstructs the path to securing the truth about his scandals.
Fortunately, Congress still has time to discover the truth. The Committee can obtain the truth if it grants “Use Immunity” to all of the witnesses, starting with Maxwell, who likely knows all.
Congress has the sole discretion to seek Use Immunity. For separation of powers principles, the use of immunity is not self-executing by Congress, as it is traditionally an executive function. Upon a majority vote of its members, the House must apply to the federal district court for an order to compel the testimony. 28 USC sec 6005 mandates the court issue the order. Moreover, neither the DOJ nor the courts can interfere with its grant. Section 6005 authorizes either House of Congress to grant Use Immunity once an individual refuses to give testimony or provide other information based on his privilege against self-incrimination.
The district court must grant the congressional request if it finds:
- The immunity request was approved by a majority vote of the members present or
- In the case of a proceeding before a committee, the request for such an order was approved by two-thirds of the members of the Committee and
- That the Attorney General was given ten days’ notice. The Attorney General can request an additional 20 days to “insulate from the immunity grant any incriminating data already in his files prior to the witness’s testimony.”
Immunity was used extensively by the Democrats in Watergate and the Iran-Contra Affair. Once one House of Congress meets the conditions of the statute, granting Use Immunity is mandatory. “The court shall issue the order. Chief Judge Sirica [in the Watergate trials] held that section 6005 casts the court’s role as ministerial, and that the Attorney General is deprived of his normal discretion in granting Immunity.
Once receiving Use Immunity, the witnesses can testify free of prosecution for any testimony of their criminal activity given to Congress. A refusal to answer subjects the witness to Contempt of Congress and could result in imprisonment.
Historically, Congress has been reluctant to grant use immunity, as it often leaves the DOJ unable to prosecute criminals.
In the Watergate trials, a corrupt DOJ refused to cooperate with Congress as it does today. The US Senate sought to grant Use Immunity to witnesses. DOJ asserted it, and the court has the power to block the grant of Immunity. Chief Judge Sirica upheld the Senate’s power, writing:
Immunity is the fixed price the government must pay to obtain certain kinds of information, and only the government (Congress) can determine how much information it wants to ‘buy’ in light of that price.
The American people deserve the truth about the Epstein scandal and the government’s refusal to prosecute. The House of Representatives has the power to obtain the truth, but only by relinquishing its illusory belief that the DOJ will someday prosecute the wrongdoers.
