At this afternoon’s State Board of Elections hearing on the Easley scandals, former Easley general counsel declined to testify. He even declined to be sworn in by the board.

Poole had his subpoena quashed by a district judge in October, citing a privilege that has never been publicly disclosed. That order was stayed by the state Court of Appeals, hence today’s scheduled appearance.

As board Chairman Larry Leake attempted to swear in Poole, his attorney intervened, stating that Poole would not disclose that privilege even though his client faces a contempt charge. Leake said the board has the authority to order Poole jailed for 30 days if Poole did not cooperate.

The attorney said Poole would assert his Fifth Amendment rights to not incriminate himself and ask the courts to rule on whether the subpoena would be enforced.

Until then, presumably, Poole will remain a free man. And silent.

For all things Easley, go here.

UPDATE: David Bass reports on Poole’s appearance in this new CJ exclusive.