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Potential chain of events here? could this go into could this become a broader argument about the powers of the fifth amendment and could this be run up the flag pole to another higher court? reporter: of course. i mean, look. i think it s quite likely that whoever loses this argument before the judge jacobsson will appeal in the new jersey courts and paengs go to the federal court. it is a federal constitutional issue. the controlling authority here is actually a supreme court case involving webb hubble, a former law partner of hillary clinton, who was twice indicted by ken starr in the second indictment for tax evasion. he challenged the indictment saying he was forced to turn over documents and, therefore, was a form of testimony and the supreme court ruled in his favor. that s the opinion that kelly and stepien s lawyers are resting on in this argument today. so the contours, how far that ....

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