Category Archives: Fifth Amendment

New York Times

Fifth Amendment Makes it Hard to Build a Case Against Flynn New York Times Witnesses have invoked the Fifth Amendment right with some regularity at hearings on Capitol Hill, turning themselves into punching bags for their refusal to answer questions. Martin Shkreli asserted the privilege against self-incrimination about sharp ... Trump and the Fifth Amendment: It's complicatedWashington Post Michael Flynn is pleading the 5th. So what does that mean?USA TODAY Law Professor: Congress Could Still Get Past Flynn's Fifth Amendment Claim Without Granting ImmunityLawNewz CNN -The Atlantic -CNN -New York Times all 705 news articles »

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Fifth Amendment Makes it Hard to Build a Case Against Flynn - New York Times

Former national security adviser General Michael Flynn

WASHINGTON -- Former national security adviser Mike Flynn will decline to cooperate with a Senate subpoena, invoking his constitutional right against self incrimination and setting off a legal showdown with Congress over a key witness in its investigation of alleged Russian interference in the 2016 election.

According to a source close to Flynn, he will tell the Senate Intelligence Committee later Monday that he wont comply with the panels request for documents, citing the Fifth Amendments protections against self incrimination. Flynn is willing to cooperate in exchange for some guarantee that he could avoid criminal prosecution, the source said.

The Senate Intelligence Committee issued the subpoena earlier this month.

An expanded version of this story is available at WSJ.com

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Flynn will invoke the Fifth Amendment in response to Senate subpoena - MarketWatch

As the Trump administration continues to deny that they colluded with Russia, former national security adviser Mike Flynn will decline a subpoena from the Senate Intelligence Committee and invoke his Fifth Amendment right against self-incrimination.

The AP reported:

In case anyone needs a constitutional refresher, the Fifth Amendment states, No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

By invoking his Fifth Amendment rights, Flynn is saying that he wont testify because his testimony would be self-incriminating. While invoking the Fifth Amendment is not a presumption of guilt, it sure doesnt look good for an administration that claims that they did nothing wrong with Russia during the campaign for one of the central figures in the scandal to refuse to testify because his testimony would be self-incriminating.

Mike Flynn wants immunity. So far, no one has been willing to grant him immunity in exchange for his testimony. Flynn wont get immunity if investigators have any other way of getting the information besides talking to the former national security adviser, but something will eventually give.

Trump is whistling through the graveyard at midnight, but with each passing moment, the Russia scandal is closing in on him.

Mike Flynn, Mike Flynn to decline Senate Intelligence Committee subpoena, Mike Flynn to invoke Fifth Amendment, Russia scandal, RussiaGate

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Russia Net Tightens Around Trump As Mike Flynn To Invoke The Fifth Amendment - PoliticusUSA

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(CNN) - The top two leaders of the Senate intelligence committee are leaving the door open to holding Michael Flynn in contempt of Congress after President Trump's former national security adviser said he would invoke his Fifth Amendment rights rather than comply with a subpoena.

Sen. Richard Burr, the chairman of the Senate intelligence committee, said the panel was reviewing a range of options to compel Flynn to disclose records about his meetings with Russian officials, including holding Flynn in contempt. And he said the panel "could" call for Flynn to assert his right against self-incrimination in a public session.

"It does us no good in having people pleading the Fifth if we are trying to get information," Burr said. He added: "The only thing I can tell you is immunity is off the table."

Unlike Flynn, two other former Trump campaign officials have turned over documents to the committee related to its investigation of Russian meddling in the US election.

"The subpoena seeks to compel (Flynn) to offer testimony through the act of producing documents that may or may not exist. In these circumstances, (Flynn) is entitled to, and does, invoke his Fifth Amendment privilege against production of documents," Flynn's lawyer wrote in a letter to the committee, verified by CNN.

When asked by CNN whether his panel would hold Flynn in contempt, Ranking Democrat, Sen. Mark Warner, said, "We have to find out whether we have the ability to either hold Gen. Flynn in contempt or whether it's just Fifth Amendment. I've got to get the legal answer to that first."

Warner said he was "disappointed" Flynn didn't produce the documents that were requested, and the committee was still determining if it had other options to get a hold of them.

Flynn's refusal to cooperate comes as he faces scrutiny in several inquiries, including by Capitol Hill and a federal grand jury that has issued subpoenas to associates of the ex-national security adviser.

His refusal will also intensify scrutiny over Trump's decision to hire him initially for the job and his decision to keep him on staff for 18 days after the President was warned by former acting Attorney General Sally Yates that Flynn may have been compromised by the Russians. And the White House is also bound to face new pressure from Trump's apparent disclosure of classified information in a private meeting with Russian officials at the White House earlier this month.

Warner, in an interview with CNN on Monday, said the White House must turn over records related to that meeting -- and did not rule out issuing a subpoena for the records.

"We have made the request," Warner said. "Transcripts or tapes. My hope is the White House will comply. They say there is no there there. They ought to work with the committee."

Former Trump campaign chairman Paul Manafort has turned over documents to the committee, a source familiar with the filing told CNN on Monday. Former Trump campaign adviser Roger Stone has also complied with the committee's requests and answered its questions, according to Stone's attorney, Robert Buschel.

The Senate committee had asked Flynn earlier this month to produce all records over his communications with Russian officials by this Wednesday. But Flynn is expected to send a letter later Monday invoking his Fifth Amendment rights.

The source close to Flynn said it would be "highly imprudent for him not to exercise his Fifth Amendment rights" given that several members of Congress have called for his prosecution.

Flynn's decision to decline the subpoena does not come as a surprise to Senate intelligence leaders, as Flynn's lawyer also told the panel last month he would not provide documents in response to an April request.

Interactive: The many paths from Trump to Russia Flynn was back in the news last week following the revelation that former FBI Director James Comey wrote in a memo that Trump had asked Comey in a meeting to end his investigation into the former national security adviser.

Comey has agreed to testify before the Senate intelligence panel after Memorial Day. Warner said he and Burr hoped to meet with Robert Mueller, the Justice Department's special counsel in the Russia investigation, to talk about what Comey can and cannot say in his testimony.

"Our hope is that the chairman and I will be able to sit down and again just kind of get the rules of the road for us going forward with Director Mueller," Warner said.

Flynn resigned from the Trump White House in February after it was revealed he'd misled White House officials over his conversations with Russian Ambassador Sergey Kislyak, which included communication about sanctions.

In what could be a signal of additional problems for Flynn, Democrats on the House Oversight Committee released a new letter on Monday calling for Chaffetz to issue subpoenas for White House documents.

The letter from Maryland Democratic Rep. Elijah Cummings cites a Report of Investigation from the Pentagon, which was conducted by investigators undertaking a review for Flynn's security clearance application.

According to that March 14, 2016 report, Flynn made false statements to investigators about who funded his foreign trips, including a 2015 trip to Russia where Flynn was paid roughly $45,000 for a speaking engagement. He claimed they were funded by "US companies," even though he was paid by Russia Today, according to the letter released Monday by House Democrats on the Oversight Committee.

The report stated that Flynn said he "had not received any benefit from a foreign country."

Flynn also claimed to investigators he had no substantial contacts with foreign government officials, saying he only had "insubstantial contact," but photos from the event showed Flynn sitting near Putin at that 2015 RT dinner.

The committee Democrats say Chaffetz must subpoena documents from the White House to determine what the White House was told about these foreign contacts and trips.

In the letter, Cummings demanded that Chaffetz either "issue a subpoena to the White House for the documents it is withholding or schedule a business meeting during which committee members can vote to issue the subpoena ourselves."

Flynn previously sought immunity from the Senate committee in exchange for his testimony. Leaders of both the Senate and House panels, which are conducting separate investigations into Russia's election-year meddling, rejected that request.

During the 2016 campaign, Trump blasted aides to Hillary Clinton for taking the Fifth Amendment in relation to the investigation of her use of a private email server while secretary of state. He said at a September Iowa rally: "So there are five people taking the Fifth Amendment, like you see on the mob, right? You see the mob takes the Fifth. If you're innocent, why are you taking the Fifth Amendment?"

Sen. James Lankford, an Oklahoma Republican on the intelligence panel, said Flynn's decision would not stop the committee's investigation, tweeting: "It is Mike Flynn's right to plead the 5th. We will get to the truth one way or another. We need facts, not speculation & anonymous sources."

Flynn is one of several former Trump aides to whom Senate investigators have sent requests for information to as part of the panel's investigation into connections between Trump associates and Russian officials.

The panel has also sought documents from former campaign foreign policy adviser Carter Page.

The House intelligence panel, meanwhile, is requesting documents from former Trump campaign communications adviser Michael Caputo.

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Warner: Door open to holding Flynn in contempt after invoking Fifth Amendment - My Champlain Valley FOX44 & ABC22

WASHINGTON (AP) The Latest on ongoing investigations into Russias alleged interference with the U.S. election (all times local):

8:15 p.m.

Democrats are expressing alarm at a report alleging that President Donald Trump asked two top intelligence officials to publicly deny collusion between the Russians and the Trump campaign in the 2016 election.

Rep. Adam Schiff of California, the ranking Democrat on the House intelligence committee, says The Washington Posts report that Trump tried to enlist the head of the National Security Agency and the national intelligence director to push the White House narrative is a disturbing allegation that Trump is interfering with the FBI probe.

Schiff says the officials involved should testify before Congress and lawmakers must request any memos documenting the conversations.

Sen. Sheldon Whitehouse of Rhode Island, a member of the Senate Judiciary Committee, says the newspapers report Monday is an indication that Trump is trying to impede the investigation.

___

5:55 p.m.

House Oversight Committee Chairman Jason Chaffetz says he will postpone a hearing scheduled for Wednesday after speaking with former FBI Director James Comey.

Chaffetz said in a tweet Monday that Comey wants to speak with Special Counsel (Robert Mueller) prior to public testimony.

Chaffetz, a Utah Republican, has requested that the FBI turn over all documents and recordings that detail communications between Comey and President Donald Trump.

Chaffetz says he wants to determine whether the president attempted to influence or impede the FBIs investigation into former National Security Adviser Michael Flynn.

Chaffetz had invited Comey to speak at Wednesdays hearing. The former FBI head has agreed to testify before the Senate intelligence committee after Memorial Day.

___

5:10 p.m.

The top two members of the Senate intelligence committee say they will vigorously pursue the testimony of President Donald Trumps first national security adviser, even though Michael Flynn has invoked his Fifth Amendment right against self-incrimination.

Sens. Richard Burr of North Carolina and Mark Warner of Virginia say they are disappointed that Flynn has decided to ignore the committees subpoena. Earlier this month, the committee asked Flynn and other Trump associates for lists of meetings and notes taken during the presidential campaign.

The Senate intelligence committee is among the congressional panels investigating Russias election meddling and possible ties with the Trump campaign. The FBI is also investigating.

5 p.m.

The top Democrat on a House oversight committee says documents hes reviewed suggest that former National Security Adviser Michael Flynn lied to federal security clearance investigators about the source of payments Flynn received from a Russian state-sponsored television network.

Rep. Elijah Cummings of Maryland says Flynn told the investigators during an early 2016 security clearance review that a trip to Moscow was funded by U.S. companies. Cummings says the actual source of the funds was the Russian media propaganda arm, RT.

Cummings made the statements in a letter to Rep. Jason Chaffetz, the Utah Republican and chairman of the House oversight committee. Cummings letter came the same day Flynn declined to provide documents to the Senate Intelligence Committee, citing his Fifth Amendment protection from self-incrimination.

___

2:20 p.m.

Attorneys for Michael Flynn say that a daily escalating public frenzy against him and the Justice Departments appointment of a special counsel have created a legally dangerous environment for him to cooperate with a Senate investigation.

Thats according to a letter obtained by The Associated Press that was written on behalf of the former national security adviser under President Donald Trump. The letter, sent Monday by Flynns legal team to the Senate Intelligence committee, lays out the case for Flynn to invoke his Fifth Amendment protection against self-incrimination and his decision not to produce documents in response to a congressional subpoena.

The letter says that the current context of the Senates investigation into Russias meddling in the 2016 election threatens that any testimony he provides could be used against him.

___

2 p.m.

A Republican member of the Senate Intelligence Committee says we will get to the truth one way or another even though former National Security Adviser Michael Flynn is citing Fifth Amendment protections in the panels investigation into Russia.

Sen. James Lankford tweeted that it is Flynns right to invoke his constitutional right against self-incrimination as part of the probe into interference in the 2016 elections.

The Oklahoma lawmaker tweeted: We need facts, not speculation & anonymous sources.

Democratic Sen. Dianne Feinstein said Flynns move was unfortunate but not unexpected and the committee would gain information in other ways.

A person with direct knowledge of the matter says Flynn is citing Fifth Amendment protections. The person spoke on condition of anonymity because they werent authorized to publicly discuss private interactions.

__

9:30 a.m.

Former National Security Adviser Michael Flynn will invoke his Fifth Amendment protection against self-incrimination on Monday as he notifies the Senate Intelligence committee that he will not comply with a subpoena seeking documents.

Thats according to a person with direct knowledge of the matter. The person spoke on condition of anonymity to discuss the private interactions between Flynn and the committee.

Flynns decision comes less than two weeks after the committee issued a subpoena for Flynns documents as part of the panels investigation into Russias meddling in the 2016 election.

Legal experts have said Flynn was unlikely to turn over the personal documents without immunity because he would be waiving some of his constitutional protections by doing so. Flynn has previously sought immunity from unfair prosecution to cooperate with the committee.

AP reporter Chad Day

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The Latest: Dems alarmed by report on Trump, intel bosses - KXAN.com

WASHINGTON >> Former National Security Adviser Michael Flynn will invoke his Fifth Amendment protection against self-incrimination as he notifies a Senate panel that he wont hand over documents in the probe into Russias meddling in the 2016 election, according to a person with direct knowledge of the matter.

The notification will come in a letter to the Senate Intelligence committee expected later Monday. The person providing details spoke on condition anonymity in order to discuss private interactions between Flynn and the committee.

Flynns decision comes less than two weeks after the committee issued a subpoena for Flynns personal documents.

Legal experts have said Flynn was unlikely to turn over the personal documents without immunity because he would be waiving some of his constitutional protections by doing so. Flynn has previously sought immunity from unfair prosecution to cooperate with the committee.

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The Senate committee is one of several congressional inquiries investigating possible collusion between Russia and President Donald Trumps 2016 campaign. Flynn is also the target of other congressional investigations as well as an ongoing FBI counterintelligence probe and a separate federal investigation in Virginia.

Flynn, a retired Army lieutenant general, was fired from his position as Trumps national security adviser in February. At the time, Trump said he fired Flynn because he misled senior administration officials, including the vice president, about his contacts with Russian officials.

Members of key congressional committees are pledging a full public airing as to why former FBI Director James Comey was ousted amid an intensifying investigation into Russias interference with the U.S. election.

In Sunday show appearances, both Republican and Democratic lawmakers said they will press Comey in hearings as to whether he ever felt that Trump tried to interfere with his FBI work. Others are insisting on seeing any White House or FBI documents that detail conversations between the two, following a spate of news reports that Comey had kept careful records.

Comey was fired by Trump earlier this month. The former FBI director agreed to testify before the Senate intelligence committee after the Memorial Day holiday.

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Michael Flynn to invoke Fifth Amendment in Russia probe - The Daily Freeman

It feels like a lifetime ago that Michael Flynn resigned as National Security Advisor. In administration where a scandal is now breaking on an almost daily basis, it's hard to recall something that happened as recently as Februaryeven if it might ultimately define Donald Trump's presidency.

But Flynn remains among the most important players in the mushrooming scandal over whether the Trump campaign colluded with Russia during the 2016 election. Late Wednesday brought a deluge of less than flattering news about the former generalincluding his delaying an anti-ISIS operation opposed by Turkey after receiving cash apparently intended to encourage him to help its government. Then, on Thursday, the chair of the Senate Intelligence Committee, North Carolina Republican Richard Burr, said that Flynn would not complying with a subpoena for documents pertaining to the Russia mess.

An hour or two later, the Associated Press reported that Burr had corrected himself, and that actually, Flynn's lawyers just haven't responded yet.

To make sense of what it would mean for Flynn to simply go rogue and not play ball with Congress, I called up a law professor at the University of Baltimore named Charles Tiefer. In a past life, Tiefer worked in the Senate Legal Counsel's office and handled enforcement cases against organized crime figures, which is to say he's pretty familiar with the the procedures at hand. He said that what's happening right now is very unusual, though noncompliance might be the retired general's only move if he wants to avoid time behind bars.

"It signifies that the former high official expects prosecution," he told me of Flynn possibly not cooperating. "So it's as rare as felons in the Oval Office."

Here's a condensed and lightly edited version of what else we talked about.

VICE: So what would Flynn be thinking if he did ultimately refuse the subpoena? Charles Tiefer: Flynn may be invoking his Fifth Amendment privilege. There was an earlier time some weeks ago when he said that he wanted an immunity deal with the Senate committee, and that often signifies fear of self-incrimination.

Can you game out what's next if Flynn does refuse? Does the Senate Intelligence Committee have the ability to issue a contempt citation like a judge would? It's not clear whether a court will enforce a subpoena against someone with a well-founded fear of prosecution. And Flynn seems to be one of the main targets of the special counsel. He may be left alone with his looming prosecution problems rather than face subpoena enforcement from the Senate.

Now the Senate Intelligence Committee has two choices [if Flynn refuses to cooperate]. They can say they've done as much as is possible with a witness under criminal investigation and facing prosecution and turn to other witnesses. Or the Senate can direct the Senate legal counsel to go to court and seek a court order compelling him to provide his documents. But the Senate is unlikely to do that if his Fifth Amendment claim is valid.

If this goes to court, would Flynn also get the opportunity to argue the subpoena is unwarranted? I don't see any defense for him other than the Fifth Amendment. He would make that argument to the committee, and then if the claim is valid, the committee will not pursue him. This subpoena didn't seek his testimony, it sought his documents. And an individual's documents are not cloaked with a Fifth Amendment privilege. But the Supreme Court has said that requiring an individual to produce his own documents does have a Fifth Amendment protection because of what's called the act of production violates his privilege against self-incrimination. So if he shared his documents with someone else, you could subpoena his documents from that person without there being a Fifth Amendment privilege.

OK, so maybe we can get the documents from someone else. But would a refusal to provide docs suggest Flynn won't ever testify himself? Oh, yes. The committee can require him to show up and take the Fifth Amendment, and indeed congressional committees have done that with officials like Lois Lerner of the IRS in recent years. But committees have also accepted lawyers saying their clients would take the Fifth and not even call them in. In any event, you don't get any information from such a witness.

So Flynn refusing to cooperate might actually not be a crazy move for him?There could have always been negotiations with him had he been willing to cooperate. For example, say he's only concerned about criminal investigation about his payments from Turkey. He could have negotiated an arrangement with the Senate Intelligence Committee in which he gave them whatever documents they had like his personal calendar relating to the Russian matter but not the Turkish matter.

It was worth trying to see whether he had any willingness to cooperate at all. The answer [may ultimately be] no, which would also change how the Congress and the public visualize him. He'd look a lot less like someone caught up in an investigation, and more like a criminal defendant.

Follow Allie Conti on Twitter.

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Can Michael Flynn Really Defy Congress and Get Away with It? - VICE

Uber has officially asked Anthony Levandowski the former head of the companys self-driving efforts and the executive at the center of the Alphabet lawsuit to waive his Fifth Amendment rights and cooperate with a courts order to turn over any files he may have downloaded including those on his personal device.

Levandowski asserted his Fifth amendment rights earlier this year seeking to protect himself if the case becomes criminal which is now a possibility.

Now, Ubers general counsel Salle Yoo is asking him to waive those rights and comply with the courts order to turn over his personal device as well as any downloaded materials he has and the names of all those he ever communicated about these files with. If he doesnt, Yoo reminds him that his employment is at-will.

If you do not agree to comply with all of the requirements set forth herein, or if you fail to comply in a material manner, then Uber will take adverse employment action against you, which may include termination of your employment and such termination would be for Cause, the letter from Uber General Counsel Salle Yoo reads.

Its a major shift in Ubers tone with Levandowski, who has a close working relationship with Uber CEO Travis Kalanick.

Importantly, thats because the court has ordered Uber to exercise the full extent of [its] corporate, employment, contractual, and other authority to cause them to return the downloaded materials and all copies, excerpts, and summaries thereof to Waymo.

Alphabet has sued Uber and its subsidiary Otto claiming that Levandowski stole 14,000 files that included the design for a key radar technology before leaving the company. Uber has disputed that it used any of Alphabets tech but it doesnt deny Levandowski may have taken the proprietary information.

Notably, Alphabet shifted the focus of its patent infringement claims to a radar prototype that Uber no longer uses instead of those that are still being developed.

Previously, Uber had asked Levandowski to voluntarily recuse himself of all work with the technology in question, lidar. That recusal has since been sanctioned by the court as part of a preliminary injunction the judge granted Alphabet.

Uber has otherwise handled Levandowski with a light touch.

Part of the reason could be that Uber CEO Travis Kalanick and Levandowski are close. In fact, as we first reported, Kalanick turned to Levandowski around the same time he launched Otto to help get Ubers autonomous cars on the road. The duo, who are also planning to attend the Indy 500 together later this month according to sources, spent a great deal of time together both prior to and during Levandowskis employment.

Kalanick even brought Levandowski along on some of his notoriously long walks, an activity the controversial CEO likes to do while hes thinking, according to a Bloomberg report,

But Levandowskis priorities protecting himself from criminal action has been in conflict with Ubers attempts to do away with this lawsuit and go ahead with its autonomous efforts.

Frankly, we obviously have a conflict here, Ubers attorney Arturo Gonzalez said to Judge Alsup during a closed-door hearing in April.

I would love to put Mr. Levandowski on the stand to explain to you what happened, because I think he has a good story to tell, Gonzalez said. But I can't force him to do that.

Now Uber is asking him to do just that.

The letter reads:

We understand that this letter requires you to turn over information wherever located, including but not limited to, your personal devices, and to waive any Fifth Amendment protection you may have. Also, the requirement that your lawyers cooperate with us and turn over information that may be in their possession may invade your attorney-client privilege. While we have respected your personal liberties, it is our view that the Courts Order requires us to make these demands of you. Footnote 9 of the Order specifically states that in complying with this order, Uber has no excuse under the Fifth Amendment to pull any punches as to Levandowski.

Heres the full letter:

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Uber is pressuring one of its top executives to comply with Alphabet's lawsuit - Recode

Mirlis, who attended the school from 2001 to 2005, also alleges in the lawsuit that Greer sexually abused at least one other male student. The Associated Press generally does not name people who allege sexual assault, but Mirlis wanted to come forward, his lawyer said.

Greer has denied the allegations and has not been criminally charged. New Haven police say they're looking into a sexual assault complaint filed by Mirlis' lawyer, Antonio Ponvert III.

Greer and his lawyers, David Grudberg and William Ward, did not return phone and email messages seeking comment.

According to court documents, Greer invoked his right against self-incrimination at a deposition last year. His lawyers asked a judge to bar Mirlis from calling Greer to the witness stand, but the request was denied.

"Parading Mr. Greer before the jury to repeatedly invoke the Fifth Amendment privilege will only serve to paint him as 'a criminal who has probably eluded justice' in the eyes of the finders of fact, which will cause significant and irreparable prejudice in this case," Grudberg and Ward wrote in a motion filed last month, adding that Greer also would invoke his Fifth Amendment right if called to testify.

Although Judge Michael P. Shea denied the request this month, he said Greer's lawyers could object to specific questions to prevent Greer from having to repeatedly take the Fifth on the stand.

Ward has questioned why Mirlis came forward with the allegations years later and did not take the matter before a rabbinical arbitration court. He said the allegations have damaged Greer, his family and the good reputation he spent years building in the community.

Greer is a graduate of Princeton and Yale Law School who has testified before the state legislature several times on a variety of issues, including opposing same-sex unions in 2002 before the state approved same-sex marriage. He also is a former member of the New Haven police commissioners' board and a past chairman of the New Haven Redevelopment Agency.

He also led efforts to improve New Haven's Edgewood neighborhood.

Greer's daughter was among a group of Orthodox Jewish students who sued Yale University in the late 1990s, claiming the school's requirement that they live in coed dorms violated their constitutional rights. A federal judge disagreed and dismissed the lawsuit.

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Rabbi accused of raping student ordered to testify at trial - Salt Lake Tribune

HARTFORD, Conn. (AP) A rabbi accused of repeatedly raping and molesting a teenage boy has been ordered to testify at a civil trial after invoking his Fifth Amendment right against self-incrimination during a deposition.

Jury selection for Rabbi Daniel Greer's trial in federal court in Hartford is scheduled to start Wednesday. Jurors could begin hearing evidence later in the day or Thursday.

Greer, 76, remains the principal at the Yeshiva of New Haven school. A former student at the Jewish boarding school, Eliyahu "Eli" Mirlis, now 29, is suing Greer and the school on allegations of sexual assault, infliction of emotional distress and other claims.

Mirlis, who attended the school from 2001 to 2005, also alleges in the lawsuit that Greer sexually abused at least one other male student. The Associated Press generally does not name people who allege sexual assault, but Mirlis wanted to come forward, his lawyer said.

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Greer has denied the allegations and has not been criminally charged. New Haven police say they're looking into a sexual assault complaint filed by Mirlis' lawyer, Antonio Ponvert III.

Greer and his lawyers, David Grudberg and William Ward, did not return phone and email messages seeking comment.

According to court documents, Greer invoked his right against self-incrimination at a deposition last year. His lawyers asked a judge to bar Mirlis from calling Greer to the witness stand, but the request was denied.

"Parading Mr. Greer before the jury to repeatedly invoke the Fifth Amendment privilege will only serve to paint him as 'a criminal who has probably eluded justice' in the eyes of the finders of fact, which will cause significant and irreparable prejudice in this case," Grudberg and Ward wrote in a motion filed last month, adding that Greer also would invoke his Fifth Amendment right if called to testify.

Although Judge Michael P. Shea denied the request this month, he said Greer's lawyers could object to specific questions to prevent Greer from having to repeatedly take the Fifth on the stand.

Ward has questioned why Mirlis came forward with the allegations years later and did not take the matter before a rabbinical arbitration court. He said the allegations have damaged Greer, his family and the good reputation he spent years building in the community.

Greer is a graduate of Princeton and Yale Law School who has testified before the state legislature several times on a variety of issues, including opposing same-sex unions in 2002 before the state approved same-sex marriage. He also is a former member of the New Haven police commissioners' board and a past chairman of the New Haven Redevelopment Agency.

He also led efforts to improve New Haven's Edgewood neighborhood.

Greer's daughter was among a group of Orthodox Jewish students who sued Yale University in the late 1990s, claiming the school's requirement that they live in coed dorms violated their constitutional rights. A federal judge disagreed and dismissed the lawsuit.

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Rabbi accused of raping student ordered to testify at trial - Santa Cruz Sentinel