# Justice Manual § 9-11.154: Advance Assertions of an Intention to Claim the Fifth Amendment Privilege Against Compulsory Self-Incrimination

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-11.154

## Section

- **Citation:** Justice Manual § 9-11.154
- **Heading:** Advance Assertions of an Intention to Claim the Fifth Amendment Privilege Against Compulsory Self-Incrimination
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-11.000 - Grand Jury / Justice Manual § 9-11.154

## Text

A question frequently faced by Federal prosecutors is how to respond to an assertion by a prospective grand jury witness that if called to testify the witness will refuse to testify on Fifth Amendment grounds. If a "target" of the investigation and his or her attorney state in a writing, signed by both, that the "target" will refuse to testify on Fifth Amendment grounds, the witness ordinarily should be excused from testifying unless the grand jury and the United States Attorney agree to insist on the appearance. In determining the desirability of insisting on the appearance of such a person, consideration should be given to the factors which justified the subpoena in the first place, i.e., the importance of the testimony or other information sought, its unavailability from other sources, and the applicability of the Fifth Amendment privilege to the likely areas of inquiry.

Some argue that unless the prosecutor is prepared to seek an order pursuant to 18 U.S.C. § 6003, the witness should be excused from testifying. However, such a broad rule would be improper and make it too convenient for witnesses to avoid testifying truthfully to their knowledge of relevant facts. Moreover, once compelled to appear, the witness may be willing and able to answer some or all of the grand jury's questions without incriminating himself or herself.

## Nearby sections

- [Justice Manual § 9-11.010 Introduction](https://www.frixlaw.com/law-library/statutes/JM_S9-11.010.md)
- [Justice Manual § 9-11.101 Powers and Limitations of Grand Juries—The Functions of a Grand Jury](https://www.frixlaw.com/law-library/statutes/JM_S9-11.101.md)
- [Justice Manual § 9-11.120 Power of a Grand Jury Limited by Its Function](https://www.frixlaw.com/law-library/statutes/JM_S9-11.120.md)
- [Justice Manual § 9-11.121 Venue Limitations](https://www.frixlaw.com/law-library/statutes/JM_S9-11.121.md)
- [Justice Manual § 9-11.130 Limitation on Naming Persons as Unindicted Co-Conspirators](https://www.frixlaw.com/law-library/statutes/JM_S9-11.130.md)
- [Justice Manual § 9-11.140 Limitation on Grand Jury Subpoenas](https://www.frixlaw.com/law-library/statutes/JM_S9-11.140.md)
- [Justice Manual § 9-11.141 Fair Credit Reporting Act and Grand Jury Subpoenas](https://www.frixlaw.com/law-library/statutes/JM_S9-11.141.md)
- [Justice Manual § 9-11.142 Grand Jury Subpoenas for Financial Records](https://www.frixlaw.com/law-library/statutes/JM_S9-11.142.md)
- [Justice Manual § 9-11.150 Subpoenaing Targets of the Investigation](https://www.frixlaw.com/law-library/statutes/JM_S9-11.150.md)
- [Justice Manual § 9-11.151 Advice of "Rights" of Grand Jury Witnesses](https://www.frixlaw.com/law-library/statutes/JM_S9-11.151.md)
- [Justice Manual § 9-11.152 Requests by Subjects and Targets to Testify Before the Grand Jury](https://www.frixlaw.com/law-library/statutes/JM_S9-11.152.md)
- [Justice Manual § 9-11.153 Notification of Targets](https://www.frixlaw.com/law-library/statutes/JM_S9-11.153.md)
- [Justice Manual § 9-11.154 Advance Assertions of an Intention to Claim the Fifth Amendment Privilege Against Compulsory Self-Incrimination](https://www.frixlaw.com/law-library/statutes/JM_S9-11.154.md)
- [Justice Manual § 9-11.155 Notification to Targets when Target Status Ends](https://www.frixlaw.com/law-library/statutes/JM_S9-11.155.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-11.154. Check the current official text before relying on it. Not legal advice.