Keyword: 5thamendment
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On Wednesday, in Darby Development Co. v. United States, the US Court of Appeals for the Federal Circuit (which reviews takings claims against the federal government ruled that a takings lawsuit against the 2020-21 federal eviction moratorium can proceed. In so doing, it overruled a trial court decision by the Court of Claims, which I criticized here. The decision could well end up setting an important takings precedent. In September 2020, during the Covid pandemic, the Trump Administration Centers for Disease Control (CDC) imposed a nationwide eviction moratorium, claiming that it would reduce the spread of the disease. The Biden...
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The heads of the Secret Service, FBI, and Department of Homeland Security have reportedly declined to testify on the second day of the Congressional hearing into the attempted assassination of former President Donald Trump. The news was first reported by FOX News, which stated that the House Homeland Security Committee is currently holding its second hearing on the matter. “The House, Homeland Security Committee, is holding the second Congressional hearing, looking into the attempted assassination of former President Trump. But for today’s hearing, heads of the Secret Service, FBI, and Homeland Security have all declined to testify. We are listening...
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More good news out of the Northern District of Texas. Judge Reed O’Connor has issued a rulling in Mock v. Garland vacating the ATF’s byzantine rule that effectively bans pistol braces. You know…the same pistol braces the ATF had previously said were perfectly fine. Back before the Biden administration waged a war on gun owners, their rights, and companies that make legal products those people want to buy. This comes the same week the decrepit but still rabidly anti-gun president was trundled out of the White House and propped up behind a podium at Everytown’s “Gun Sense University” meeting of...
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Authorities claim there's no need for sentencing hearing, bail option.. A state legal action in Pennsylvania is sparking outrage .. for the result it demanded: Two farmers arrested and jailed on 30-day sentences with no sentencing hearing and no option for bail. ... Their lawyer, Robert Barnes, charges, "This is the craziest thing I've every seen." ... This is an unlawful civil contempt order. There are certain procedures that must be followed in a civil contempt action and to our knowledge those were not followed here. Even if they had been followed, the maximum allowable punishment is 15 days in...
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Texas Attorney General Ken Paxton got a chilly reception at the nation’s highest court this month, when his office argued against Texas ranchers who were seeking compensation from the state over a Fifth Amendment takings clause issue. The Institute for Justice (IJ), a nonprofit public interest law firm, represented rancher Richie DeVillier in the litigation, who sued after his ranch was repeatedly flooded by a new median wall built by Texas officials along a highway just to the south of his property, which ended up functioning like a dam during hurricanes and other periods of heavy rain. The Fifth Amendment...
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Republican strategist Karl Rove urged Democrats to “go hard” at former President Trump’s rhetoric surrounding the Jan. 6, 2021, attack on the Capitol, calling the former president’s pledge to free imprisoned rioters a “critical mistake.” “If they were smart, they’d take the January 6 and go hard at it. And they would say, ‘He wants to pardon these people who attacked our Capitol,'” Rove said told MSNBC’s Ari Melber. “One of the critical mistakes made in this campaign is that Donald Trump has now said ‘I’m going to pardon those people because they’re hostages,'” Rove said in the interview, which...
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Special counsel Jack Smith has reached agreements with at least two fake GOP electors to provide them limited immunity in exchange for testifying before a grand jury investigating efforts to overturn the 2020 presidential election, CNN reported Friday. People familiar with the situation told the outlet that federal prosecutors have been trying to quickly confirm evidence on the record recently and have refused to grant extensions to subpoenas for testimony for some witnesses. They also said Smith’s office was prepared to compel testimony from witnesses who were given immunity but indicated they would refuse to answer questions under their Fifth...
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‘Life, Liberty & Levin’ host Mark Levin says nondisclosure agreements are not ‘hush money,’ and says Democrats are setting a ‘dangerous precedent.’
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Two new lawsuits over the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) controversial pistol brace rule were filed yesterday, with over half the states and the country joining in suits challenging the ATF’s rule. Gun Owners of America, Gun Owners Foundation, and the state of Texas teamed up to sue the ATF. over what they see as an unconstitutional rule that violated the American Procedures Act (APA). The lawsuit highlights that both pistols and short-barreled rifles (SBR) are protected arms. It points out that SBRs are also no more dangerous than any other firearm and that the length doesn’t...
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This week Hunter Biden broke from the Democrat Party line asserting that his laptop was Russian disinformation and acknowledged that the infamous computer device was, indeed, his. Now he wants justice for "the invasion of my privacy leading to my involuntary disclosure of incriminating evidence against myself. This violates my Fifth Amendment rights." Biden's lawyer, Abbe Lowell, demanded that "computer repair shop owner John Paul Mac Isaac must be prosecuted and the evidence of our client's criminal activities be thrown out under the 'fruit of the poisonous tree' doctrine. Hunter Biden never gave consent to the examination of his laptop....
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Justice Department lawyers asked Judge Aileen Cannon to force Trump to confirm documents seized from Mar-a-Lago in a sworn affidavit. The Justice Department asked Judge Cannon to compel Trump to affirm or dispute the records seized under penalty of perjury in a 20-page unsealed filing on Monday dated November 8. "The Special Master has received an affidavit of accuracy from the government. Since the Court appointed the Special Master to ensure fairness, integrity, and even-handedness in the review process […], Plaintiff should be required to verify or correct the property inventory just as the government has done,” the Justice Department’s...
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The three jurors who voted against the death penalty for Parkland killer Nikolas Cruz did so based on “mitigating circumstances” from Cruz’s life. They made the wrong call, but their rationale is superior to the reason many will agree with the sentence: a blanket opposition to the death penalty. Public support for capital punishment has slid over the last 30 years, remaining a majority opinion but barely so. Those who oppose death as a punishment often have kind, even noble intentions. Yet their well-meaning beliefs do not translate into justice or the common good. The death penalty is consistent with...
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(Text for the vide from this link: https://thecivilrightslawyer.com/2022/08/05/police-harass-innocent-citizens-on-their-porch-lawsuit-filed-today/ ) Police Harass Innocent Citizens on Their Porch – Lawsuit Filed Today Posted on August 5, 2022 What you’re about to see here is outrageous body cam footage that has never before been seen by anyone, other than law enforcement. It shows what happened to my clients, Jason Tartt, the property owner and landlord, as well as Donnie and Ventriss Hairston, his innocent and mistreated tenants, on August 7, 2020, when they were subjected to civil rights violations by two deputies with the McDowell County Sheriff’s Office, Dalton Martin and Jordan Horn....
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UPDATE: (Aug. 12, 2022, 3:13 p.m. ET): NBC News on Friday obtained a copy of the warrant used in the FBI's search of former President Donald Trump's Mar-a-Lago home in Florida, as well as the related property receipt. The FBI recovered 11 sets of classified documents in the search, according to the documents. This week, in addition to having his private residence searched by the Federal Bureau of Investigation, former President Donald Trump was deposed in an investigation by the New York Attorney General’s office. There he apparently didn’t say much other than that he was asserting his Fifth Amendment...
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A former federal prosecutor triggered bipartisan backlash on Wednesday for suggesting that invoking Fifth Amendment rights implies guilt. What is the background? On Wednesday, former President Donald Trump invoked his constitutional rights against self-incrimination, declining to answer questions at a deposition for New York Attorney General Letitia James (D). Trump announced he invoked his Fifth Amendment rights after arriving to the deposition. The statement explained: I once asked, "If you’re innocent, why are you taking the Fifth Amendment?" Now I know the answer to that question. When your family, your company, and all the people in your orbit have become...
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Former President Trump said Wednesday that he refused to answer any questions from New York Attorney General Letitia James (D) in the civil investigation over his business. Why it matters: The deposition comes as Trump has faced a new level of legal scrutiny and just days after the FBI executed a search warrant at the former president's Mar-a-Lago residence in an unrelated investigation. What he's saying: "Under the advice of my counsel, ... I declined to answer the questions under the rights and privileges afforded to every citizen under the United States Constitution," Trump said in a post on his...
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Trump just posted on Truth that he took the 5th
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The federal government prosecuted Merle Denezpi twice for the same crime. It also punished him twice: the first time with 140 days in a federal detention center, the second time with a prison sentence more than 70 times as long.Although that may seem like an obvious violation of the Fifth Amendment's ban on double jeopardy, the Supreme Court last week ruled that it wasn't. As the six justices in the majority saw it, that puzzling conclusion was the logical result of the Court's counterintuitive precedents on this subject. The Fifth Amendment says no person shall "be subject for the same...
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Special Counsel John Durham continues to drop bombshells in filings in the prosecution of former Clinton campaign lawyer Michael Sussmann. Just last week, Durham defeated an effort by Sussmann to dismiss the charges. He is now moving to give immunity to a key witness while revealing that the claims made by the Clinton campaign were viewed by the CIA as “not technically plausible” and “user created.” He also revealed that at least five of the former Clinton campaign contractors/researchers have invoked the Fifth Amendment and refused to cooperate in fear that they might incriminate themselves in criminal conduct. Finally, Durham...
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- Special Report: Renting apartments to Haitians is big business for Springfield Mayor Rob Rue, others
- Pro-Trump Georgia election board votes to require hand counts of ballots
- House unanimously passes bill enhancing Trump’s Secret Service protection level after two attempted assassinations
- ‘Staff Will Deal with That Later’: Kamala Harris Admits to Horrendous Gaffe During Oprah Interview
- Buttigieg: Building 8 EV Charging Stations Under $7.5 Billion Investment for Them Is ‘On Track
- Oklahoma officials just announced that they have removed 450,000 ineligible names from the voter rolls, including 100,000 dead people
- The Political Cost to Kamala Harris of Not Answering Direct Questions
- Manchin: Harris Says the Right Things, I’m Unsure if She’ll Do Them, ‘I Like a Lot of’ Trump’s Policies, But Won’t Back Him
- Hillary Clinton, Queen of Disinformation, Issues Two-Faced Call for Censorship
- Cuomo personally altered report that lowballed COVID nursing-home deaths, emails show – contradicting his claim to Congress
- More ...
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