Free Republic 4th Quarter Fundraising Target: $88,000 Receipts & Pledges to-date: $14,213
16%  
Woo hoo!!! And the first 16% is in!! Thank you all very much!! God bless.

Keyword: fifthamendment

Brevity: Headers | « Text »
  • Justice Stevens Admits Error in the Kelo Case—but Also Doubles Down on the Bottom Line

    07/17/2019 7:20:30 PM PDT · by DoodleBob · 20 replies
    Reason ^ | June 8, 2019 | Ilya Somin
    In his recently published memoir, The Making of a Justice: My First Ninety Four Years, retired Supreme Court Justice John Paul Stevens includes an extensive discussion of his majority opinion in Kelo v. City of New London (2005). The Takings Clause of the Fifth Amendment indicates that the government may only take private property for a "public use." In Kelo, a narrow 5-4 Supreme Court majority ruled that almost any potential public benefit qualifies as "public use," thereby permitting the City of New London to take fifteen residential properties for purposes of transfer to a new private owner in order...
  • Conservative Supreme Court justices reverse precedent on property rights cases

    06/21/2019 8:05:39 AM PDT · by SMGFan · 47 replies
    The Hill ^ | June 21, 2019
    The Supreme Court on Friday ruled 5-4 to overturn a decades-old precedent on property rights, a decision that marks a victory for conservatives. The previous 1985 ruling that found that an individual whose property is taken by a local government cannot file a federal suit under the Fifth Amendment until that challenge fails in state court. But on Friday the justices ruled along ideological lines to reverse that precedent, finding that the requirement “imposes an unjustifiable burden,” conflicts with other similar rulings and “must be overruled.” “A property owner has an actionable Fifth Amendment takings claim when the government takes...
  • If Trump’s Border Wall Becomes Reality, Here’s How He Could Easily Get Private Land for It

    03/25/2019 2:24:58 PM PDT · by BeauBo · 48 replies
    MSN ^ | 25 March 2019 | T. Christian Miller
    It’s a fundamental power, laid out in the Fifth Amendment. The government can take your land to build public works... The federal government rarely loses its bid to take land. Under a special procedure, federal officials can file a Declaration of Taking that results in a court granting immediate title to the land. Bulldozers can roll the next day. The only fight, essentially, is over how much money the property owner will receive.
  • Roger Stone explains why he’ll be pleading the Fifth before Congress

    03/22/2019 9:49:59 AM PDT · by conservative98 · 58 replies
    NY Post ^ | March 22, 2019 | 12:18pm | By Yaron Steinbuch
    Stone discussed his decision to invoke the Fifth Amendment and refusal to submit documents requested by House Judiciary Committee Chairman Jerry Nadler. “Trump is guilty, he says, and now we just need to find the evidence. I call this a fishing expedition,” he said. “I don’t think Nadler has any evidence of Russian collusion or conspiracy or treason.” He said he believes Nadler is trying to lay the groundwork for introducing articles of impeachment against Trump “in a rapidly left-wing Democratic House.” “I have elected not to participate. I’m executing my Fifth Amendment right given the fact that I’m facing...
  • Nevada Bill Will Allow Police To Search Everyone's Smartphone

    03/09/2019 2:12:40 AM PST · by vannrox · 43 replies
    massprivatei ^ | 9MAR19 | Editorial Staff
    For years the push to replace physical drivers licenses with digital drivers licenses has relied one one thing; privacy. But all of the "fake news" the public has been fed about their privacy is about to come "crashing" down, literally. A Nevada bill if passed would allow police to search everyone's smartphones. Nevada bill AB200 allows police to search the phones of everyone involved in a car crash. "An act relating to motor vehicles; authorizing a peace officer at the scene of a traffic crash to use technology to determine if a driver was using a handheld wireless communications device at...
  • Nov 2018: Maryland officers serving 'red flag' gun seizure fatally shoot armed man

    01/06/2019 9:21:25 PM PST · by Mechanicos · 39 replies
    Washinton Times ^ | Nov 5 2018 | Jessica Chasmar
    Two police officers ordered to remove firearms from a house on a “red flag” protective order fatally shot an armed man Monday morning in Ferndale, Maryland, police said.
  • Man Fatally Shot By Cops While Unlawfully Confiscating His Guns In Serving “Red Flag” Order

    11/06/2018 5:15:03 AM PST · by deandg99 · 79 replies
    DC Clothesline ^ | 11/06/2018 | Tim Brown
    See what happens when you violate the rights of the people? This is only the beginning and I hope the family of this man sues the pants off the police and the state for their lawless behavior. A Ferndale, Maryland man was shot and killed at home when two Anne Arundel County police officers who were violating their oath and this man’s Fifth Amendment rights by attempting to steal his property (guns) under Maryland’s unconstitutional “red flag” “laws.” The Baltimore Sun reports: The man, whose name was not released, answered his door in the 100 block of Linwood Ave. at...
  • Archeologists help with Interstate 10 bridge preparations

    01/04/2019 10:57:54 PM PST · by Tolerance Sucks Rocks · 22 replies
    Lagniappe ^ | December 26, 2018 | Dale Liesch
    With more than a year left before construction starts, the Alabama Department of Transportation (ALDOT) has begun demolition work for the proposed Mobile River bridge and Bayway project. The agency is currently in the process of tearing down nine buildings throughout the project site just south of downtown near Virginia Street, where the bridge will be footed. “Because the final design is in a preliminary phase, we don’t have exact locations on where the footings are going to be … ,” ALDOT spokeswoman Allison Gregg said. Some of the buildings were vacant before ALDOT acquired them, other owners and tenants...
  • There’s Finally a Persuasive Case of Election Fraud, and Republicans Don’t Care (N. Carolina)

    12/06/2018 10:50:27 AM PST · by Signalman · 16 replies
    The Atlantic ^ | 12/6/2018 | David A. Graham
    <p>With the race between North Carolina Republican Governor Pat McCrory and Democrat Roy Cooper down to a razor-thin margin, Republicans filed claims of voter fraud with county boards of election around the state. The GOP was aiming to delegitimize Cooper’s lead and to legitimize years of effort to overhaul voting laws to make them more restrictive, claiming serious fraud.</p>
  • Split 3rd Circuit Upholds NJ's Ban on Large-Capacity Gun Magazines

    12/05/2018 2:25:23 PM PST · by ScottfromNJ · 53 replies
    New Jersey Law Journal ^ | December 05, 2018 | Charles Toutant
    Split 3rd Circuit Upholds NJ's Ban on Large-Capacity Gun Magazines The U.S. Court of Appeals for the Third Circuit has rejected a challenge to New Jersey’s ban on firearm magazines holding more than 10 rounds. The appeals court, by a 2-1 margin, said the law limiting high-capacity magazines does not violate the Second Amendment, the Fifth Amendment’s Takings Clause or the Fourteenth Amendment’s Equal Protection Clause. The court affirmed an order from the U.S. District Court that denied challengers’ motion to preliminarily enjoin enforcement of the law. Judges Joseph Greenaway Jr. and Patty Shwartz ruled to affirm the lower court....
  • Chairman Goodlatte: “FBI Lawyers instructed Peter Strzok not to answer many, many questions”…

    06/28/2018 4:17:19 AM PDT · by a little elbow grease · 43 replies
    theconservativetreehouse.com ^ | 6/27/18 | sundance
    Suffice to say it’s not a good look when lawyers representing the FBI are telling the central witness within a political conspiracy involving the FBI not to answer questions from congressional oversight. House Judiciary Chairman Bob Goodlatte tells Martha MacCallum that FBI lawyers are instructing FBI Agent Peter Strzok not to answer questions from congress about the nature of his involvement within a DOJ/FBI conspiracy to stop a political candidate; and later to overthrow a presidency. Additionally Chairman Goodlatte states the answers agent Strzok did give about his text messages was “not believable”.
  • Police legally seizing guns under 'red flag' laws [See word about SAF in the article!]

    04/02/2018 7:40:13 PM PDT · by familyop · 31 replies
    Fox News ^ | April 2, 2018 | Dan Springer
    Washington is one of six states with high risk or red flag laws. But in the wake of the Parkland school shooting, the Brady Campaign says at least 30 states are considering them...Even gun rights advocates, who are afraid of government abuse, say it appears to be working...“We’ve seen the downside of people who are distraught or crazy taking out their problems on the general public,” said Dave Workman of the Bellevue, Wash.-based Second Amendment Foundation. “We don’t want that to happen here.”
  • McCain associate takes Fifth on Trump dossier questions

    02/22/2018 2:21:46 PM PST · by cotton1706 · 56 replies
    foxnews.com ^ | 2/22/18 | atherine Herridge, Pamela K. Browne, Cyd Upson
    A former State Department official and associate of Sen. John McCain has invoked his Fifth Amendment right not to testify in connection with questions from the House Intelligence Committee about the anti-Trump dossier’s Russian sources, according to a law enforcement source. David J. Kramer, who is a central player in how the unverified Trump dossier made its way to the FBI in late 2016, testified before the committee in December in a closed-door session, indicating he had information about the dossier's sources. A subpoena was issued for mid-January, as first reported by The Washington Examiner. The law enforcement source confirmed,...
  • Michael Flynn’s Decision to Plead the Fifth Tells Us Nothing about His Guilt

    05/22/2017 11:26:22 AM PDT · by SeekAndFind · 23 replies
    National Review ^ | 05/22/2017 | David French
    After a short, merciful weekend break from Trump–Russia scoops, the Associated Press reported this morning that Michael Flynn will decline a subpoena from the Senate Intelligence Committee, invoking his Fifth Amendment right against self-incrimination. Already, Twitter is exploding with assertions that this “probably” means Flynn is guilty. Wouldn’t an innocent patriot in Flynn’s shoes want to tell the world his side of the story? Wouldn’t he want to clear his name? It’s tempting to think that only a man with something to hide refuses to testify — especially on a matter of national importance. But in this case, it would...
  • Rand Paul introduces the most sweeping reform of civil asset forfeiture law in decades

    03/18/2017 12:35:20 PM PDT · by COBOL2Java · 67 replies
    Rare.us ^ | March 17, 2017 4:16pm | Rare
    Sen. Rand Paul has long taken the lead in calling for the reform of civil asset forfeiture laws, a controversial police practice in which authorities basically steal the property of citizens without due process and little recourse. Billions have been seized from citizens by the police based on nothing more than suspicion, which many see as a direct violation of the Fifth Amendment. It’s state-sanctioned theft. “Under civil forfeiture laws, your property is guilty until you prove it innocent,” says the Institute for Justice’s Scott Bullock. On Thursday, Sen. Paul reintroduced FAIR (Fifth Amendment Integrity Restoration) Act, which specifically addresses...
  • Trump: "I Am The Law and Order Candidate"

    07/11/2016 11:16:07 AM PDT · by Biggirl · 50 replies
    Real Clear Politics ^ | July 11, 2016 | Ian Schwartz
    Donald Trump reacts to the police shootings in Dallas in a speech on veterans issues in Virginia Beach, Virginia.
  • Democratic senator: 'Due process is what’s killing us right now'

    06/16/2016 3:20:50 PM PDT · by Impala64ssa · 55 replies
    Yahoo News ^ | 6/16/16 | Oliver Darcy
    A US senator bemoaned Thursday morning that the constitutional right to due process “is what’s killing us right now.” Related Stories 'It makes even more sense today': Senate Democrats are reviving a controversial bill after the Orlando massacre Business Insider NRA: Gun sales to anyone on a terror watch list should be investigated, delayed Quartz Donald Trump Has Called for Blocking Gun Sales to Terror Suspects Bloomberg Republicans Seek Wider FBI Surveillance Power After Orlando Bloomberg Democratic senator reacts to Orlando shooting: 'Congress has become complicit' in mass shootings Business Insider How To: Fix Crepey Skin at Home [Watch] Beverly...
  • Michigan Teen Challenging Warrantless Breathalyzer Law

    06/08/2016 1:29:44 PM PDT · by Theoria · 51 replies
    NBC News ^ | 08 June 2016 | Corky Siemaszko
    A Michigan teen who was ticketed — as a passenger — for balking at taking a Breathalyzer test says that she refused because the detective did not have a warrant. Now 17-year-old Casey Guthrie has filed a federal lawsuit against the cop who slapped her with the $100 citation last month. The honor student is also challenging the constitutionality of a Michigan law that makes it a civil infraction for anybody under age 21 to refuse a police officer's request to blow into the device — and does not require the cop to produce a warrant. "No adequate remedy exists...
  • Judge to Hillary’s IT lackey: Before you take the Fifth, let’s see that immunity deal, bro

    06/06/2016 9:08:50 AM PDT · by Sean_Anthony · 42 replies
    Canada Free Press ^ | 06/06/16 | Dan Calabrese
    Smacked down Judge to Hillary’s IT lackey: Before you take the Fifth, let’s see that immunity deal, bro If you observe the way people from HillaryWorld operate, you could be forgiven for thinking anyone can invoke the Fifth Amendment any time they just don’t feel like answering a question. That’s certainly the way Bryan Pagliano seems to be playing it. Even though he’s been given immunity from prosecution by the Justice Department, and can cite almost no serious risk of self-incrimination, the guy who set up Hillary’s schlock, homebrew e-mail server still seems to think he can take the Fifth...
  • So Much For The Fifth Amendment: Man Jailed For Seven Months For Not Turning Over Password

    05/03/2016 8:45:34 AM PDT · by Lorianne · 30 replies
    Tech Dirt ^ | 28 April 2016 | Tim Cushing
    The FBI recently spent more than $1 million for assistance in decrypting a device's contents. It may have overpaid. Alternatives exist, whether it's a $5 wrench or indefinite imprisonment for not helping the government with its prosecution efforts. A Philadelphia man suspected of possessing child pornography has been in jail for seven months and counting after being found in contempt of a court order demanding that he decrypt two password-protected hard drives. The suspect, a former Philadelphia Police Department sergeant, has not been charged with any child porn crimes. Instead, he remains indefinitely imprisoned in Philadelphia's Federal Detention Center for...