Trump refusal to testify is not equivalent to invoking the Fifth A. in a criminal case: “Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification”....Maybe Hamilton and the other Framers rightly expected that a president would
need to explain herself in the context of an impeachment trial w/o fearing the consequences of a self-incrimination. Despite the timing in drafting the Bill of Rights, the founders had to know about compulsory testimony and the problems of legislative guilt in bills of attainder
and they expressly separated the possibility of criminal conviction from the process of impeachment. Thus, because no criminal jeopardy attaches in an impeachment, there is no Fifth Amendment privilege.
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