Getty Image / Patrick McDermott
Former Southern Miss quarterback and There’s Something About Mary star Brett Favre has maintained innocence throughout the ongoing Mississippi welfare fund misappropriation scandal.
While reports have surfaced claiming Brett Favre was a ‘central actor’ in the Mississippi welfare scandal, his attorney claims he “has done nothing wrong.”
Now, a report from A.J. Perez in FOS suggests the legal team for Favre has taken an interesting turn. A ‘a veteran federal criminal defense attorney’ told FOS this new strategy is “playing a very dangerous game.”
What’s new in the Brett Favre x Mississippi welfare scandal?
Favre is amongst 40+ defendants in a civil case playing out in Mississippi. His lawyers have said that Brett “does not intend to invoke the Fifth Amendment right against self-incrimination.”
In response to that, federal criminal defense attorney Matt Tympanick told A.J. Perez “Though his statements made during these proceedings cannot come as direct evidence in a potential criminal case, they could come as impeachment evidence if Favre were to take the stand.”
Here is a complete rundown of the 5th Amendment and not just the parts learned from movies over the years.
Brett Favre’s potential problem here, should he choose to not invoke the 5th Amendment, is pretty simple. If he takes the stand and speaks freely then his own words could potentially be used against him in any potential future criminal case (because this is civil).
Matt Tympanick told FOS “Favre testifying isn’t going to convince the U.S. Attorney’s Office to decline to file charges. They potentially could get evidence via his testimony that they didn’t previously have.”
There has been a stigma in pop culture around the 5th Amendment in recent years due to the most high-profile figures in the nation adding their two cents on it (without legal backgrounds to back it up).
Sports Illustrated published a report in May including a collection of text messages that don’t look good for Favre. That report can be read here.
Florio notes on PFT that Favre has not been accused of criminal misconduct. But Favre’s confidence that no criminal charges will come in the future does not necessarily make it true. So it will be fascinating to see how the civil case plays out.
Of course, Favre could invoke the 5th Amendment and all of this was for naught. But the current strategy suggests he will speak freely.