Today a divided panel of the U.S. Court of Appeals for the Sixth Circuit held that several government officials had not waived their Fifth Amendment rights against self-incrimination by answering questions in pre-trial depositions. Judge Griffin wrote for the court, joined in part by Judges Thapar and Moore (though each on different parts). The three judges each wrote their own opinions, and broke down this way:
GRIFFIN, J., announced the judgment of the court and delivered the opinion of the court with respect to the Introduction and Parts II, III.G., and IV, and delivered an opinion with respect to Parts I, III, III.A, B, C, D, E, and F. THAPAR, J. (pp. 42–56), delivered a separate opinion concurring in part and in the judgment. MOORE, J. (pp. 57–76), delivered a separate opinion concurring in part and dissenting in part.
Here is how Judge Griffin's opinion for the Court begins:
