re: #tAuburnBasketball Thread

Tate said a similar thing on his podcast . Basically, Leath has been “undiplomatic” and very involved in this situation.

So Bruce’s team is claiming Garrity Rights/Warning I guess. I don't think Auburn can fire him w cause for non compliance if he has a compelling Garrity Rights claim

Basically, anything Bruce tells AU is subject to subpoena by FBI. So on things he could please 5th to FBI, he could be compelled to tell AU which effectively is telling the FBI. Garrity Rights give government employees the right to remain silent on internal investigations that may criminally incriminate themselves. Government (AU included) can't force you to incriminate yourself

Also, forcing Bruce to cooperate or be fired can be viewed as unlawful coercion in a criminal proceeding which is Specifically mentioned in SCOTUS ruling on Garrity Rights


So the fascinating part of this is implications for NCAA. Because FBI is making these violations criminal, no one needs to cooperate w shite and can't be fired w/o cause

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Basically, anything Bruce tells AU is subject to subpoena by FBI. So on things he could please 5th to FBI, he could be compelled to tell AU which effectively is telling the FBI. Garrity Rights give government employees the right to remain silent on internal investigations that may criminally incriminate themselves. Government (AU included) can't force you to incriminate yourself

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So you’re saying the reason Pearl isn’t cooperating is because if he did he may criminally incriminate himself.

Yay?

I'm a LEO and I agree with this, most of the more "seasoned" criminals I deal with also agree with it.

BP may or may not have something to hide involving..we'll generously call it a sexual assault.

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The obverse of the above is that Garrity Rights do NOT give government employees the right to remain silent on internal investigations if what they have to say does NOT criminally incriminate themselves, no?

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This appears to be incorrect. As I stated, this is a 5th /14th amendment issue so you never have to stand witness against yourself and the government cannot coerce you to do so

Incriminate means simply to appear guilty/imply guilt. There is no way of knowing beforehand what possibly could be incriminating, so remaining silent is an acceptable answer for nearly any question.


Which gets into your next question,

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Unless, of course, what you are saying is that ANY talk with investigators or police no matter what can criminally incriminate yourself.

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Specifically to Bruce, there is an ongoing FBI investigation, so he has a clear thing to point to. FBI seems to be making the case that any NCAA rule violation is "criminal" which makes this ridiculously confusing

I have on idea if there is a Garrity Rights test or what qualifies, but it appears Pearl has a very legit argument that his situation does which is all that matters

In general though, the 'workaround' seems to be that Garrity Warnings, according to Wikipedia, say that in internal investigations silence can be viewed as "evidentiary value" and used as facts in your internal case. As in, it is a huge negative in your internal investigation but that's not how criminal proceedings view it

Tl;DR probably wrong understanding

Bruce can't get fired for "not cooperating" because remaining silent is viewed as an acceptable answer and cooperating

Bruce remaining silent can be viewed as evidence for Auburn's investigation. Unless they have something else though, doesn't seem like that is enough however

Good info.

That being said, why would anyone ever cooperate in any governmental entity investigation then?

Well it's gameday and watching from class! WDE

and if you have a lawyer most are still going to tell you not to voluntarily talk to the police.

Well we're starting strong

These refs are calling every little thing let these guys play