Originally Posted by
merlinextraligh
uhm, you don't get the use immunity, unless they offer it to you. And then you get into issues of use immunity versus transactional immunity.
Simply testifying under a subpeona doesn't resolve the 5th amendment issue.
If I'm subpoenaed to the Grand Jury, I'm holding out for complete immunity, and threatening to go Anderson on them till I get complete immunity.
For the feds you're right, except that I've never heard of them subpoenaing a witness to the grand jury without offering use immunity, because it would be a useless exercise. Under Florida law, use immunity under a subpoena is self-executing. Use immunity resolves the fifth amendment problem. Few people get transactional immunity. Tyler said he refused to testify until he got subpoenaed, and I'd bet my favorite jersey it was use immunity he got.
Kastigar v. United States, 406 U.S. 441 (1972)