So Here’s The Thing About Privileges

Cheney plays a clip of Michael Flynn pleading the 5th to the January 6 committee. Flynn wouldn't even answer if he believes in the peaceful transfer of power. pic.twitter.com/mWtydyNFCG

— Aaron Rupar (@atrupar) June 28, 2022

You either have ‘em, or you don’t.

You know the line from Miranda TeeVee warnings: “Anything you say can and will be used against you in a court of law.” After that, you can’t answer questions and then decide you don’t want to answer other questions, and claim your silence can’t be brought up in court.

Put up or shut up, is the basic rule.

So when you see Michael Flynn pleading the 5th as to the peaceful transfer of Presidential power, it’s not an admission of anything. He’s preserving his privilege against self-incrimination.

Anything you say to police can and will be used against you. The police investigate and prosecute crimes. They aren’t interested in “truth” (whatever that is), they are trying to make a case. If what you say to them can make that case against you, they’re happy to hear it. And what you think is innocuous, they can easily interpret as criminal. It’s what they do. 

The 5th amendment guarantees you don’t have to help them.

A witness subpoenaed to testify can refuse the subpoena and fight it out in court, or can plead the 5th. That video of Flynn is what the latter looks like.

I’m quite sure Michael Flynn is as mad as a bag of bees. But that doesn’t mean he has to put his head in the noose anymore than I do; or you do.

We all think the investigators work for truth and Justice; but abstract ideas are lousy employers. No, those government agents work for conclusions, and will always take the shortest path to get to one. That’s quite a different telos from what we imagine it to be.