Thread by @themarketswork

1) My latest @EpochTimes

Why is Glenn Simpson Invoking the First Amendment?
theepochtimes.com/why-is-glenn-s…

2) On Oct. 16, 2018, Fusion GPS founder Glenn Simpson reportedly invoked his Fifth Amendment right against self-incrimination.

Largely overlooked is that Simpson also invoked his First Amendment right to freedom of speech and freedom of association.

3) There are some obvious reasons why Simpson might plead the Fifth.

Bruce Ohr recently testified that he met with Simpson prior to the FBI obtaining a FISA warrant on Page.

Simpson previously told Congress he had no contact with Ohr until after the presidential election.

4) Ohr’s assertion appears to be backed up in documents turned over to Congress by the Justice Department.

On Aug. 22, 2016, Ohr received an email from Simpson asking “Can u ring.”

5) The Fifth Amendment provides certain levels of protection against self-incrimination.

It does not, however, protect an individual from testimony concerning other individuals.

6) This distinction was noted by @RepMarkMeadows:

“Glenn Simpson has to have a reasonable apprehension of criminal prosecution to validly invoke the Fifth."

"You can’t just invoke the Fifth to avoid answering congressional questions.”

7) Simpson’s intent was stated in an Oct. 11, 2018, letter from his attorney to Rep. @RepGoodlatte:

"He will instead invoke his constitutional rights not to testify under the First and Fifth Amendments of the Constitution.”
politico.com/f/?id=00000166…

8) First Amendment protection from congressional power to investigate is a murky area.

The Supreme Court touched on this in Barenblatt v United States:

"protections of the First Amendment,… do not afford a witness the right to resist inquiry in all circumstances.”

9) This wasn’t the first time that Simpson invoked his First Amendment right.

He also did so during his Nov. 8, 2017, interview before the House Intelligence Committee.
docs.house.gov/meetings/IG/IG…

10) Rep. Gowdy: Which privileges in particular are you concerned about?

Levy: Constitutional and common law privileges, First Amendment, Fifth Amendment, attorney work product doctrine.

11) Gowdy: I have a vague familiarity with the Fifth Amendment. What is the First Amendment privilege?

Levy: There is a First Amendment privilege to free association and free speech.

Gowdy: How would they limit your client’s ability to answer questions?

12) Levy hinted at what was at stake:

"they wouldn’t if the committee agreed that nothing he said would interfere with his ability or the company’s ability to assert that privilege going forward in the investigation as to requests for documents or to other testimony.”

13) Ultimately, an agreement was reached, leading to Simpson’s full interview on Nov. 14, 2017.

The issue of First Amendment protection first arose during negotiations between Simpson’s lawyer and Grassley in preparation for Simpson’s Senate Judiciary testimony on Aug. 22, 2017.

14) Simpson’s lawyer repeatedly sought protection and preservation of First Amendment Rights:

15) Levy:

“Fusion GPS worked with and for its clients in furtherance of its clients’ First Amendment rights to engage in political activity and political speech, to speak anonymously, to associate freely with others and to petition their government.”

16) Levy then brought us to the heart of the matter:

“You have requested that Fusion GPS reveal the names of any clients that had retained the company for the purpose of performing opposition research on a major political party candidate for president.”

17) Levy:

"Requiring Fusion GPS to produce the requested information and materials would chill the exercise of Fusion GPS’ and its clients’ First Amendment rights; thus, a compulsory process is not warranted here for the information and material now being requested.”

18) An agreement was ultimately reached between Grassley and Simpson’s attorney that allowed for Simpson to be interviewed by the Senate Judiciary Committee in August without waiving First and Fifth Amendment privileges that protected Fusion GPS and the identity of its clients.

19) Several questions:

Did other clients or participants remain unnamed?

What activities were these clients engaging in - contractors?

And where might these clients lead investigators?

20) Simpson has consistently attempted to cloak his clients under the protection of the First Amendment.

Simpson’s invocation of the Fifth and First Amendments goes beyond self-incrimination.

/End.