futile adj.: bootless
A subpoena to Mr. Clinton to testify would not be a bootless exercise, even if he declined by asserting his Fifth Amendment privilege. An impeachment trial is a non-criminal proceeding. In such cases, the Supreme Court held in Baxter vs. Palmigiano (1976), the trier of fact may consider as evidence of wrongdoing a party’s Fifth Amendment silence. (Bruce Fein, “The Power, but Not the Will?” Washington Times, 1/19/1999.)
