"Fifth"

If the average American doesn't know anything else about the Constitution, he (or she) knows two things: (1) the Second Amendment grants the unrestricted right to pack iron anytime, anywhere, for any reason; and, (2) the Fifth Amendment protects one from being compelled to provide self-incriminating evidence.

Of the two, belief in the sacred nature of the Second Amendment is generally more highly prized and vigorously defended, but for many Americans, it's the Fifth Amendment that is more useful. Here's what the Fifth Amendment actually says (emphasis added): 

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 offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The Fifth Amendment, in particular the highlighted clause, has entered the common vernacular through the expression "taking the Fifth," in which a witness invokes their Constitutional protection against self-incrimination.

It seems to me, based on observing the actions of Der Furor and many individuals in his orbit, that this fundamental right of American citizens - while quite useful - is not properly respected for what it is: a vital personal right not guaranteed to most people in most countries. Indeed, invocation of the Fifth Amendment has become little more than a truncated Pavlovian reaction to unpleasant questions one might otherwise be compelled under oath to answer. Consider the video testimony of lawyer John Eastman and retired general Michael Flynn played during the January 6th Committee hearings ... when asked questions they did not wish to answer, each man simply said, "Fifth" or "The Fifth." Occasionally, they became positively loquacious by saying "Same Answer."

On the other hand, blowhard political troublemaker Roger Stone was a bit more voluble, repeatedly saying, "On the advice of counsel, I respectfully decline to answer your question on the basis of the Fifth Amendment." This is perhaps the only time the adverb "respectfully" might ever be applied to Roger Stone's behavior. 

No less a well-read and educated Constitutional scholar than Der Furor himself used to scoff at the exercise of the Fifth Amendment right to avoid self-incrimination, saying on one occasion,

“So there are five people taking the Fifth Amendment, like you see on the mob, right? You see the mob takes the Fifth. If you’re innocent, why are you taking the Fifth Amendment?”

Of course, now that the law is finally catching up with many of the actions he's gotten away with in the past, his attitude has changed. Now, he says 

“I once asked, ‘If you’re innocent, why are you taking the Fifth Amendment?’ ... Now I know the answer to that question. When your family, your company, and all the people in your orbit have become the targets of an unfounded, politically motivated Witch Hunt supported by lawyers, prosecutors, and the Fake News Media, you have no choice.”

During a deposition in August, Der Furor followed the lead of Messrs Eastman and Flynn by invoking the Fifth Amendment at the outset, then answering all subsequent questions with "same answer."

Now, in the great scheme of things, this may seem like a minor point to you, but it's a big one to me. While the exercise of a person's rights under the Fifth Amendment is perfectly legal and guaranteed by our Constitution, choosing to exercise it by simply saying "fifth" or "the fifth" or "same answer" in bored tones is the verbal equivalent of flipping the bird to the court. Roger Stone, whatever his failings (and they are many), at least pretended to pay proper acknowledgement to a fundamental right. 

Of course, the way things are going, taking the right fifth isn't necessarily a bad thing ...

Have a good day. Respect the freedoms you enjoy ... all of them.

More thoughts later.

Bilbo