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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.
One would think that any right guaranteed by the Constitution would be fundamental. But I doubt many think that the Sixth Amendment right to confront witnesses cannot be waived by counsel. See Diaz v. United States, 223 U. S. 442, 444, 452â453 (1912) .