California couple undertakes a multimillion-dollar scheme to sell counterfeit 5-hour Energy. Can the government introduce deposition testimony from co-conspirators in an earlier civil case who are now “unavailable” due to invoking their Fifth Amendment right against self-incrimination? Or does that violate the Confrontation Clause of the Sixth Amendment. Ninth Circuit: No need to answer that because the testimony didn’t make a difference. Concurrence: But a closer look at the history of the Confrontation Clause suggests that maybe it should have been excluded.