What is the government's argument that there is a Fifth Amendment privilege against self-incrimination under the Fifth Amendment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Flores, 729 F.2d 593 (9th Cir. 1984):
The Government's reasoning is flawed because a court must focus not on to whom or in what forum the disclosure is made, but instead on the disclosure's possible incriminatory effect. See Kastigar v. United States, 406 U.S. 441, 444-45, 92 S.Ct. 1653, 1656, 32 L.Ed.2d 212 (1972). As a result, the Fifth Amendment privilege against self-incrimination
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