The question of whether a foreign national on foreign soil can invoke the Fifth Amendment in a civil case is apparently a tough one to get your head around.

“I have spent the last two nights until 11 o’clock reading these cases,” U.S. District Judge Martin Jenkins — known as one of the brainier members of the San Francisco federal bench — told lawyers at a May 11 hearing in a shareholders case against Oracle and its CEO, Larry Ellison.

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