Archive for the ‘Fifth Amendment’ Category

Trump and his defenders try to excuse the inexcusable – cleveland.com

Every parent knows that when little Johnny gets caught with his hand in the cookie jar, he points to his sister and cries, What about Susie? No fair! Parents are too smart to fall for the deflection, knowing that whataboutism is what children do to excuse the inexcusable.

However, Donald Trump and his enablers are more than happy to spew forth a bucketful of irrelevant whataboutisms as their excuse for the apparent theft of top secret White House documents in direct violation of the Presidential Records Act. Moreover, Republican politicians are more than happy to twist themselves into pretzels as they deflect from evidence found at Mar-a-Lago relevant to possible violations of the Espionage Act. The only thing more dangerous than ignorance is arrogance, goes the saying often attributed to Albert Einstein.

We all knew six years ago when Team Trump was meeting with Russians in Trump Tower to get dirt on Hillary Clinton that this day was coming. And when the indictments are issued, the childish protestations of witch hunt will fall on deaf ears as Donald Trump invokes the Fifth Amendment while caterwauling, What about Susie?

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Trump and his defenders try to excuse the inexcusable - cleveland.com

Today’s letters: Readers comment on Trump and the minimum wage – Daily Commercial

A day of hypocrisy and shame

Recently, in a New York legal deposition, Donald Trump pleaded the Fifth Amendment, declining to answer any questions about his business dealings in New York. For those of us who pay attention, we remember Trump saying in September 2016 that only guilty mobsters plead the Fifth under oath. At least he was truthful once!

Fortunately, in a civil case, Fifth Amendment responses can be used against him. Trump has seven current cases that he is fighting in and out of court right now, and he just had his personal residence searched in Florida because he will not turn over classified documents.

Much worse, hegets served with a legal warrant for stealing/mishandling classified material, and Republican politicians come out of the woodwork, encouraging him to run for president again. Go figure; these are the same Republicans who chastised Hillary Clinton for four years at a cost of $7.8 million for having a private email server. No charges were ever brought, but she did get beaten in the 2016 election. I say again, what is wrong with us? Our Founding Fathers are rolling over in their graves.

We have allowed Trump to lie, cheat and steal, and get away with it. The more he lies, the more his supporters love him. We know that millionaires and billionaires love him because of their tax breaks, but why do the lower classes revere him? Trump uses them like he uses everyone. It is not just the uneducated, the poor and the uninformed who support him. Many decent, reasonable people still support him.Ignorance is not an excuse. Get off of Fox News.

Im never one to spend a lot of time hoping and praying, but we had better start hoping that a large number of decent, old-school Republicans and independent voters vote Democratic in 2022 and 24.

After just finding out that Alex Jones lawyer accidentally sent 2,000 text messages to the lawyer for the Sandy Hook Elementary School decedents, and that the Jan. 6 commission now has them and probably the Department of Justice, my prayers may be answered. Jones, Trump and Roger Stone may be sharing a jail cell down the road.

Michael Perham, Clermont

The federal minimum wage has been stuck at $7.25 per hour for 13 years.

Prices are up. Corporate profits hit record highs. But the minimum wage has stayed at $7.25 since July 24, 2009.

Were deep into the longest period without a raise since the federal minimum wage was enacted in 1938 through the Fair Labor Standards Act, which aimed to eliminate labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency and general well-being of workers and detrimental to fair competition among businesses.

Without a federal raise, millions of Americans will be left behind.

Holly Sklar, CEO, Business for a Fair Minimum Wage

Send a letter to the editor (up to 250 words) toletters@dailycommercial.com. Letters must include the writer's full name and city of residence.Guest columns of up to 750 words are also accepted on a limited basis.More information onsubmitting letters and columns can be found at dailycommercial.com/opinion.

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Today's letters: Readers comment on Trump and the minimum wage - Daily Commercial

Letter: Fraud in the White House | Letters to the Editor – Arizona Daily Star

Former President Trump has just shown why he is unfit for any public office. He does not know the difference between the illegal break in and burglary by the Watergate thieves and the FBI conducting a search based on credible evidence and a judges approval of the warrant previously approved by the director of the FBI and the Attorney General of the United States. Trump appointed that judge and the director of the FBI. How many times have we heard him say that only mobsters and the guilty plead the fifth amendment. He just plead the fifth 450 times in New York. It is certainly his right to do so, but he said only crooks plead the fifth. Lastly the classified information found in his residence is a crime. As a former Air Force officer responsible for handling, storage and safe keeping of classified information, had those documents been in my house I would have been in jail for a long time.

Disclaimer: As submitted to the Arizona Daily Star.

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Letter: Fraud in the White House | Letters to the Editor - Arizona Daily Star

Mike Pence Owes the Country an Explanation – The Atlantic

On January 6, 2021, from a parking garage under the Capitol Visitor Center, thenVice President Mike Pence ordered the military to defend the Capitol against a violent insurrection. According to a taped deposition of General Mark Milley, the chairman of the Joint Chiefs of Staff, Pence issued very explicit, very direct, unambiguous orders to him and Secretary of Defense Christopher Miller: Get the military down here. Get the Guard here. Put down this situation.

This is a problemone that has been overshadowed by the larger events of January 6. The constitutional authority to call out the military to defend the Capitol is vested in the president of the United States, not in the vice president. Why did Pence seize constitutional authority that wasnt his? The country needs answers to this question, and it needs them from Pence, not from his chief of staff or his counsel.

In ordinary circumstances, Pences actions would be unconstitutional. Indeed, a vice president who usurped the presidents constitutional authority, and the Cabinet and military officers who followed his orders, could be committing an impeachable offense. But these were no ordinary circumstances: With Pence huddled in a secure location protected by his security detail, his actions were almost certainly justified.

Read: The January 6 Committees most damning revelation yet

Constitutional government depends on following the law, but emergency circumstances may provide for what the 17th-century political philosopher John Locke called prerogative power: power that in ordinary circumstances is unlawful, but that in extraordinary circumstances is warranted. There is a long-standing debate about whether the public should view such power as constitutional because necessary or as extra-constitutional but justified. In Federalist No. 23, Alexander Hamilton argued that people should see emergency power as constitutional because the circumstances that endanger the safety of nations are infinite. The Constitution, Hamilton insisted, must provide the lawful power for its preservation.

In contrast, Thomas Jefferson argued that people ought to recognize that emergency power is extra-constitutional but justified. As Jefferson famously wrote in a letter to John B. Colvinthe author of the early-19th-century book The Magistrates Guide, and Citizens Counsellor, who was then writing about Aaron Burrs treasonA strict observance of the written laws is doubtless one of the highest duties of a good citizen: but it is not the highest. The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation. For Jefferson, preserving the nation was more important than a scrupulous adherence to written law.

Yet, as Jefferson also insisted, the officer who exercises emergency power must justify his actions to his fellow citizens generally. For Jefferson, the good officer must throw himself on the justice of his country and the rectitude of his motives. Whether one sees emergency power from the perspective of Hamilton (constitutional because necessary) or Jefferson (extra-constitutional but justified), it is crucial that the officer who exercises emergency power justify himself to the public. The public must know what constitutional ends the officer thought he was serving and why the circumstances commanded extraordinary action. But Pence has retreated to silence, allowing some proxies to speak for him while ducking the crucial constitutional questions that surround his actions on January 6.

Did Pence think he was acting to preserve the constitutional transfer of power and save the country when it was in danger? Did Pence think that President Donald Trump was threatening the peaceful transfer of power? General Milley and those who followed Pences commands seem to think this. But the public should not have to guess at Pences motiveshe has a constitutional obligation to explain why he thought the nation was in peril and how he acted to obviate that peril.

Read: Mike Pence is trying to send a message

American history is replete with claims to emergency power. Whether people think they are justified depends on the circumstances and how they are attached to larger constitutional ends.

In the opening months of the Civil War, President Abraham Lincoln suspended the writ of habeas corpus, called up state militias, and blocked southern ports and harbors. Critics thought many of these actions unconstitutional and unjustified. Lincoln insisted that they were necessary to preserve constitutional ends and therefore justified. In a special message to Congress on July 4, 1861, Lincoln explained his actions to the people and Congress, while also asking for congressional approval. Squarely taking up the question of extra-constitutional action, Lincoln asked with a rhetorical flourish, Are all the laws but one to go unexecuted, and the Government itself go to pieces lest that one be violated? Even in such a case, would not the official oath be broken if the Government should be overthrown when it was believed that disregarding the single law would tend to preserve it?

Similarly, on 9/11, just after two hijacked civilian planes were flown into the World Trade Center, Vice President Dick Cheney, from a secure location in Washington, D.C., acted to prevent further attacks on the United States and keep the government operational under emergency conditions while President George W. Bush was on Air Force One. (With so many unknowns, the Secret Service thought Bush was safest aboard Air Force One rather than in D.C.) While there is dispute over whether Cheney issued the order before or after authorization from Bush, Cheney did ask Bush to authorize him to order the military targeting of civilian planes if necessary, as communications aboard Air Force One were spotty. Bush gave the authorization, which happily did not need to be carried out.

Americans can understand why Cheney exercised such power. They can understand why it was justified. Cheney was not grabbing power for himself, but issuing a truly awful order that was seen as necessary to prevent further casualties and, especially, an attack on the White House and Congress. People also understand that Cheney asked the president for authorization because Bush was unable to discharge his duties.

In contrast, Pence has given us no justification for or explanation of why he seized constitutional authority that was not lawfully his. Article II of the Constitution provides that in the event of the presidents removal, resignation, death, or inability to discharge the powers and duties of the office, those powers devolve on the vice president. If Pence thought Trump was unable or unwilling to discharge the constitutional powers and duties of his office, that informs the constitutional analysis of his decision. The formal constitutional mechanism for suspending such a president is by way of the Twenty-Fifth Amendment. It provides that the vice president and a majority of the Cabinet may convey to Congress a written declaration of the presidents inability, allowing the vice president to assume those powers as acting president.

Given the circumstances, following the formal terms of the Twenty-Fifth Amendment was nearly impossible. With the Capitol under siege, Pences actions were probably justified. We can surmise that he sought to protect the lives of the people in Congress and to ensure that he remained at the Capitol to officially preside over the counting of electoral votes. But Pence himself should explain to America why he feared for those in Congress, why he would not leave with the Secret Service, and why the sitting president was unable to carry out his duties. The president, after all, was not incapacitated as far as we know.

Justifying Pences actions turns almost entirely on Trumps state of mind both before and on January 6something Pence is uniquely situated to speak to. We can guess much of what Pence would say. Still, his explanation will help us better understand the events that led to that day. And it will very likely require him to explain that he acted to thwart a sitting presidents unlawful attempt to stay in power.

In retreating to silence, Pence is acting to preserve his own interests, not the countrys. One assumes that he does not want to explain why he used emergency power because it will implicate Trumpand doing so will make Pence unpopular with Republicans. This is the sort of self-serving use of authority that makes emergency power so dangerous.

To put it plainly: Pence either acted extra-constitutionally to preserve the constitutional transfer of power or unlawfully seized power from a sitting president who was acting in accord with his constitutional responsibilities. Pence is trying to have the best of both options, but those two components dont square. The January 6 committee should force his hand.

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Mike Pence Owes the Country an Explanation - The Atlantic

The noose is tightening around Donald Trump – The Miami Times

Donald Trump is the epitome of a rich entitled white man. He was born with a silver spoon in his mouth and his fathers wealth and power afforded him tremendous advantages in life. This led to Trumps exaggerated sense of entitlement and his eventual narcissism. His outsized self-importance affects how he reasons, and how he handles life situations and relationships.

The former president recently pleaded the Fifth Amendment in the New York case where he is being investigated for lying about his wealth. As a narcissist, Trump must make himself appear wealthier than he really is, so he lies to get on the lists of the countrys richest individuals. He then lies so he doesnt have to pay taxes.

Trump would be a nightmare under oath because he exaggerates, fabricates and would repeatedly commit perjury because he doesnt know how to tell the truth.

He has taunted others for invoking their Fifth Amendment right, so his hypocrisy in taking the Fifth himself is lost on no one.

The mob takes the Fifth Amendment, Trump said in 2016. If youre innocent, why are you taking the Fifth Amendment?

Because of his narcissism and desire for power, Trump stole top-secret, confidential documents and lied about what he took to the National Archives. Nor did he return said documents when requested. He thinks he can do whatever he wants because for most of his life hes gotten away with doing just that, and he thinks he still can.

But the noose is tightening around his neck, and Black people are at the forefront of those wielding that noose. A Black woman, New York Attorney General Letitia James, is prosecuting Trump for crimes related to his business practices. So far hes pleaded the Fifth 400 times in response to her teams questioning.

In Georgia, a Black woman, Fulton County District Attorney Fani Willis, is investigating election fraud by Trump and his inner circle. In Washington, D.C., the January 6 House Select Committee Chair is Bennie Thompson, a Black man. Now even the sleeping giant, the U.S. Department of Justice, is investigating Trump.

When Trump goes to trial in New York, Georgia and Washington, D.C., he will face justice before a jury that will probably include Black people. He will not be prosecuted in MAGA territory, but in areas rich with Democrats and rich with Black people.

I do not see how Trumps rich, white-boy status is going to protect him from the ever-tightening noose, because that does not resonate with Black people. Pleading the Fifth Amendment does not get you a get out of jail free card it just means that you are not testifying against yourself. In the mind of most jurors, it is an admission of guilt.

Trumps multiple public statements will damn him. He does not need to testify; just play recordings of him speaking. In addition, as a narcissist, Trump has thrown his closest supporters under the bus to protect himself. He must have taught this to his children and wife, because one of them appears to be the confidential informant who provided information as to the stolen documents and his hidden private safe. Can you imagine Ivanka and Melania giving up their freedom for his?

Reginald J. Clyne, Esq.

For the sake of this country, the former president and his cronies must go to jail. A group of historians recently met with President Joe Biden and told him that our democracy is under attack. Trumps crazy supporters are calling for civil war.

Trumps team should and must go to jail to save our democracy, but like supporters of the Confederacy, MAGA supporters will always believe in his legitimacy and his racist view of making America great again.

Unfortunately, sending Trump to jail wont change the minds of those white men who feel they are losing ground in this country to a growing minority population.

Reginald J. Clyne is a Miami trial lawyer who has practiced in some of the largest law firms in the United States. Clyne has been in practice since 1987 and tries cases in both state and federal court. He has lived in Africa, Brazil, Honduras and Nicaragua.

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The noose is tightening around Donald Trump - The Miami Times