Supermarket heiress tries invoking four different amendments in Jan 6 deposition

Julie Fancelli is one of many witnesses who refused to answer questions before the House January 6 select committee

Julie Fancelli, the Publix supermarket chain heiress who funded bus transport for hundreds of Trump supporters who attacked the Capitol on January 6 2021, attempted to avoid answering questions before the House January 6 select committee by citing a litany of – occasionally irrelevant – amendments to the US constitution, as well as her Fifth Amendment right against self-incrimination.

According to a transcript of her deposition released by the panel late on Wednesday, when Ms Fancelli was asked if she or her attorney had made efforts to search for documents that would’ve been responsive to a subpoena she was issued in December 2021, Ms Fancelli replied: “I decline to answer pursuant to the rights afforded to me under the Constitution, including the First, Fourth, Fifth, and 14th Amendments”.

Under the Fifth Amendment, a person can refuse to answer questions if the answer could potentially incriminate them. The First Amendment guarantees freedom of speech, while the Fourth and 14th protect against unreasonable searches and require due process in criminal proceedings.

A committee investigator replied that the deposition of Ms Fancelli was “part of the committee's ongoing oversight of respecting associational rights while preventing the foment of violence – of actions that lead to violence,” and asked if she still contended that answering the question would violate her right to freedom of speech.

Ms Fancelli offered the same answer: “I decline to answer pursuant to the rights afforded to me under the Constitution, including the First, Fourth, Fifth, and 14th Amendments.”

Pressed further on how answering the question would have violated “or more specific protections afforded under the First Amendment of the US Constitution,” the supermarket heiress simply repeated her previous declaration.

The deposition of Ms Fancelli was one of more than 30 separate instances in which pro-Trump witnesses refused to answer questions out of fear that answering committee questions could implicate them in crimes.

The panel released transcripts of witness deposition where the Fifth Amendment was invoked ahead of the release of its final report, which is expected on Thursday.