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Thus, a person called to testify before Congress can refuse if they believe the government could use the testimony against them in criminal proceedings. To render the protections against self-incrimination ineffective, Congress can provide immunity from criminal prosecution.
The situation cannot be compared, he said, to that of fact witnesses who can be compelled to testify because they observed something that makes them uniquely necessary to a trial. Experts have an intellectual property right and shouldn't be compelled to have to give that up, Russart said. They should have the right to contract.. Glenn's attorney, John K. Brendel, said this case, Glenn v. Plante, does have the circumstances that would require the court to compel Dr. Koh to testify.