116 | 2006/03/29 | The defendant was unsuccessful in arguing a 5th Amendment privilege. The prosecution argued that the contents of the file had already been uttered and, therefore, were not protected under the 5th Amendment. As long as prosecutors did not try to tie the defendant to the file by virtue of his knowing the passphrase, no incrimination was implied by disclosing the passphrase. | antoniof@bigfoot.com |