Brett Favre playing ‘dangerous game,’ criminal defense attorney claims in new wrinkle in Mississippi welfare fund case

Brett Favre is one of more than 40 defendants in a massive civil lawsuit for allegedly misappropriating millions of dollars in Mississippi welfare funds. Despite his name being closely connected to the scandal, Favre and his legal team have consistently insisted that he had no involvement in any wrongdoings.

Their confidence in his innocence has apparently led them to make a controversial decision. According to Front Office Sports, Favre will waive his Fifth Amendment rights in the civil case, opening the door for him to possibly incriminate himself through his own testimony.

Veteran federal criminal defense attorney Matt Tympanick had this to say about the bold decision in an interview with FOS:

“Favre is playing a very dangerous game. 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.”

“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.”

Tympanick seems to believe that the best course of action for Brett Favre is to execute his Fifth Amendment rights and remain silent on the situation. The criminal court has already determined that there is not enough evidence to indict him, so he would potentially benefit from making sure it stays that way.

Apparently, Favre and his legal team see the situation much differently. They are allegedly fine with speaking in civil court because they have nothing to hide, but they have also aggressively attempted to have Favre removed from being a defendant.

Brett Favre is seeking to be dismissed from the Mississippi welfare scandal

Brett Favre

Brett Favre and his attorneys filed a motion to be fully dismissed as a defendant in the ongoing Mississippi welfare case. While his bid was initially rejected by a judge, he then followed that up by appealing the decision. The appeal is currently pending.

Eric D. Herschmann is Favre’s lead attorney who also represented Donald Trump during his first impeachment hearing. He had this to say in the motion about the pending appeal:

“Favre would be severely prejudiced by a stay. A stay under these circumstances would unduly delay Favre’s opportunity to have his day in court and clear his name.”

This complicated case continues to take many twists and turns as a conclusion still appears to be far off in the distance. For Brett Favre, being removed as a defendant would theoretically end his involvement legally.