Archive for the ‘Fifth Amendment’ Category

Video: Mike Flynn pleads the 5th when asked if Jan. 6 violence was justified – Business Insider

The January 6 committee revealed on Tuesday that former National Security Advisor Lt. Gen. Michael Flynn pleaded the Fifth Amendment when asked whether he believed the violence on January 6, 2021, was justified.

The revelation came amid former White House aide Cassidy Hutchinson's testimony before the committee during a discussion about a pre-January 6 meeting taking place at the Willard Hotel near the White House. Flynn was present at the meeting.

During that line of questioning, committee vice chair Rep. Liz Cheney of Wyoming aired a clip of Flynn appearing to struggle with the question.

"General Flynn, do you believe the violence on January 6 was justified?" Cheney said in the clip.

Flynn's lawyer immediately asked to consult with Flynn privately, which lasted for 1 minute and 36 seconds.

"Could you repeat the question please?" the lawyer then asked.

Flynn and his lawyer then asked Cheney to clarify whether she meant the question legally or morally.

"I'm asking both," she tersely replied.

14 more seconds passed before Flynn responded.

"I said, I said the Fifth," he said.

Flynn, the country's former national security advisor and a retired three-star Army general, also declined to say whether he believed in the peaceful transfer of power.

In the Trump administration's final weeks, Flynn publicly advocated for Trump to impose martial law and to use the US military to seize voting machines across the US; the US military has no constitutional role in state or federal elections.

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Video: Mike Flynn pleads the 5th when asked if Jan. 6 violence was justified - Business Insider

Letter to the Editor: Constitution prohibits abortion – Telegraph-Forum

Love of Christ is in Fourth of July

Our Declaration of Independence declares, We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness That to secure these rights Governments are instituted among Men, deriving their just powers from the consent of the governed.

The right to life is our first freedom!

This first freedom is reiterated in the Fifth Amendment to our Constitution of The United States: nor be deprived of life, liberty, or property without due process of law …"

This amendment to the Constitution clearly prohibits abortion murder.Joey or Susie (not tissue) could not look like daddy if life did not begin at conception (the only connection). Even Supreme Court justices can figure that out. This still needs corrected.

It is not an issue for the state.It is not for man or woman to decide for the murder of innocent babies, but it is for men and women to act lovingly and responsibly and to not conceive if they are not prepared to love, care and provide for the child as a family.That is the responsible, loving, caring, unselfish, Christian choice that a child deserves.

God will forgive a repentant soul and will bless the moral actions of His people.

Lets all celebrate the Fourth of July with responsible, caring, freedom actions.God Bless!

Jim Erwin, Galion

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Letter to the Editor: Constitution prohibits abortion - Telegraph-Forum

Maine man who threatened to kill Jewish people with AR-15 seeks dismissal – NewsCenterMaine.com WCSH-WLBZ

A motion filed on behalf of Brian Dennison of Buxton argues that trying him again following a mistrial would violate his Fifth Amendment rights.

PORTLAND, Maine A Buxton man who allegedly tweeted "I'm going to kill Jews with my AF-15 tomorrow" filed a motion to dismiss the criminal case against him, citing his Fifth Amendment rights following a previous mistrial.

Brian Dennison, 25, was arrested in Buxton in September 2021 after a private security firm and the FBI flagged the tweet and another on the same day that said, "I'm building a pipe bomb."

Dennison was charged with transmitting threatening interstate communication, a felony that carries up to five years in prison and a $250,000 fine.

In May, Chief U.S. District Judge Jon D. Levy declared a mistrial on the first day of Dennison's trial after being alerted that one of the witnesses who had just given testimony an FBI agent who first contacted the defendant at his parents' home tested positive for COVID. Levy said he could have attempted to carry on, but the witness had more testimony yet to give.

Before the COVID diagnosis, Dennison's defense lawyer, Thomas Hallett, tried to establish for the jury that Dennison's Tweet while hateful, he said only reached a small number of potential followers, and no reasonable person would feel threatened.

The prosecution, including Assistant U.S. Attorney Craig Wolff, argued Dennison made a clear threat to harm others, with a specific date to carry it out.

In a motion to dismiss filed Wednesday by his attorney, Hallett argued a new trial would violate his Fifth Amendment rights against being prosecuted twice for the same crime.

Hallett writes that there was no "manifest necessity" to declare a mistrial for several reasons, including that the court failed to adequately investigate possible jury contamination, there was no evidence that the witness in question was an essential witness, that any witness unavailability was caused by the government, and that the court did not adequately investigate an alternative to a mistrial.

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Maine man who threatened to kill Jewish people with AR-15 seeks dismissal - NewsCenterMaine.com WCSH-WLBZ

Trevor Noah on supreme court gutting the EPA: So what is their job now? – The Guardian

Trevor Noah

Trevor Noah tore into another outrageous supreme court ruling this week: the 6-3 decision in West Virginia v EPA, which limits the Environmental Protection Agencys power to regulate emissions from fossil fuel-fired power plants. The supreme court ruled that Environmental Protection Agency does not have the authority to protect the environment ? So what is their job now? Just to look at the environment and be like oh shit? Noah wondered on Thursday nights Daily Show.

Its always weird to me how the news in America frames some of these stories, he continued, such as calling the ruling a defeat for the Biden administration.

It is a defeat for human life! It has nothing to do with Biden, said Noah.

Experts believe the logic of the ruling will make it difficult for any agency to pass any regulations without Congress passing a specific law first. These agencies arent perfect, dont get me wrong, but could you imagine if Congress had to approve, like, vaccines? he said. Imagine if you had to wait for them. It wouldve never happened. Wed still all be locked in our houses, clapping out of our windows, because Congress couldnt convince Marjorie Taylor Greene that needles werent actually a space alien conspiracy.

The ruling only clarified what has been evident from this supreme court term: From environmental regulations, to abortion, to guns, to school prayer, to voter rights, this is one of the most radical supreme courts in American history, Noah concluded.

And theyre also imposing their power on a country that, for the most part, isnt on board with any of it.

The most recent supreme court term has been a real rollercoaster ride, in that I am nauseous and scared were all going to die, said Stephen Colbert on Thursday evening.

He elaborated: In the last week alone, the justices have weakened the separation of church and state, overturned Roe v Wade, struck down a 109-year-old New York law limiting guns in public and today, they dropped a ruling limiting the EPAs regulation of carbon dioxide emissions from power plants.

What are you thinking, supreme court? he wondered. Its the Environmental. Protection. Agency. If they cant limit emissions, then the agency cant protect the environment. Theyre going to have to change what the P stands for. Maybe Environmental Punch Dolphins in the Taint Agency.

Chief justice John Roberts argued in the majority that while capping carbon emissions would be a solution to the crisis of the day, a decision of such magnitude and consequence rests with Congress itself

Hey! Johnny Bobby! This is an emergency, Colbert fumed. You dont stand on the side of the pool watching somebody drown and say uh, well, actually Mr Lifeguard, you cant jump in and save him, because I saw you eat less than half an hour ago. There are rules.

In a scathing dissent, Justice Elena Kagan wrote: The court appoints itself instead of Congress or the expert agency the decision-maker on climate policy. I cannot think of many things more frightening.

Really? Have you seen their other decisions? Colbert responded. With these maniacs in charge, our only hope is that the smokestacks put on a condom.

And on Late Night, Seth Meyers debriefed another intense week of public January 6 committee hearings. Though he was not optimistic that the hearings would change any hardcore Republicans minds, Meyers said he was hopeful the hearings will influence prosecutors in the justice department, because one area where these hearings have been shockingly successful have been establishing criminal intent and a consciousness of guilt among Trump and his gang of pro-coup weirdos.

Meyers pointed to former national security adviser Michael Flynn, who pushed Trump to use the military to seize voting machines. In his interview with the committee, Flynn consistently invoked the fifth amendment for what you would think would be pretty straightforward questions for any non-fascists.

Flynn refused to answer questions such as: Do you believe the violence on January 6 was justified morally? Do you believe the violence on January 6 was justified legally? And Do you believe in the peaceful transition of power in the United States of America?

Youre pleading the fifth over a hypothetical that has nothing to do with the law? Meyers laughed. The fifth amendment doesnt work like that. Its not Family Feud it doesnt say you have the right to pass after you buzz in.

These are just benign hypotheticals, he continued. This is like if your spouse said how do you feel about monogamy? And your answer was Im invoking my fifth amendment right not to answer questions about your sister. Its not going to end the conversation.

Thats how aware these guys were that they were in legal trouble, he added. They wouldnt even answer questions about whether they believe in the peaceful transfer of power.

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Trevor Noah on supreme court gutting the EPA: So what is their job now? - The Guardian

RYERSON HOLDING CORP : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance…

Item 1.01 Entry into a Material Definitive Agreement.

On June 29, 2022 (the "Fifth Amendment Effective Date"), Ryerson HoldingCorporation (the "Company") entered into Amendment No. 5 to the Credit Agreement(the "Fifth Amendment") by and among the Company, Joseph T. Ryerson & Son, Inc.("JTR"), the wholly-owned subsidiary of the Company, and certain directly andindirectly wholly-owned subsidiaries of JTR as borrowers (such subsidiariestogether with JTR, the "Borrowers"), certain directly and indirectlywholly-owned subsidiaries of JTR as guarantors of obligations under the CreditAgreement as amended by the Fifth Amendment (such subsidiaries and the Company,"Guarantors"), the lender parties thereto, and Bank of America, N.A. ("Bank ofAmerica"), as administrative agent and collateral agent. The Fifth Amendmentamends the Credit Agreement, dated as of July 24, 2015 (as amended by the FirstAmendment, dated as of November 16, 2016, the Second Amendment, dated as ofJune 28, 2018, the Third Amendment, dated as of September 23, 2019, and theFourth Amendment, dated as of November 5, 2020, the "Original Credit Agreement"and as further amended by the Fifth Amendment, the "Amended Credit Agreement"),by and among the Borrowers, the Guarantors, the lenders party thereto and Bankof America, as administrative agent and collateral agent. The Fifth Amendment,among other amendments, (i) increases the aggregate amount of the commitmentsunder the Amended Credit Agreement to $1.3 billion, (ii) extends the maturitydate of the Amended Credit Agreement to June 29, 2027 and (iii) modifies theloan pricing (as further described below). The Amended Credit Agreementmaintains the ability to convert up to $100 million of commitments under theAmended Credit Agreement into a "first-in, last-out" subfacility (the "FILOFacility"). Subject to certain limitations, such conversion can be made fromtime to time (but no more than twice in the aggregate) prior to the date that istwo years after the Fifth Amendment Effective Date.

Amounts outstanding under the Amended Credit Agreement bear interest at a ratedetermined by reference to (1) with respect to loans to U.S. Borrowers, (A) thebase rate (the highest of the Federal Funds Rate plus 0.50%, Bank of America'sprime rate and one-month Term SOFR rate plus 1.00%) or (B) a Term SOFR rate and(2) with respect to loans to the Canadian Borrower, (A) the prime rate or baserate (the highest of the Federal Funds Rate plus 0.50%, Bank of America-CanadaBranch's commercial loan rate and one-month Term SOFR rate plus 1.00%), (B) aTerm SOFR rate (for loans denominated in Dollars) or (C) the Canadian DollarOffered Rate ("CDOR") (for loans denominated in Canadian Dollars). The spreadover the base rate is between 0.25% and 0.50% and the spread over the SOFR andCDOR rates is between 1.25% and 1.50%, depending on the amount available to beborrowed under the Amended Credit Agreement, and subject to SOFR and CDOR ratefloors of 0%; provided that such spreads shall be reduced by 0.125% if theleverage ratio set forth in the most recently delivered compliance certificateis less than or equal to 3.50 to 1.00. The spread with respect to the FILOFacility, if any, will be determined at the time the commitments under theAmended Credit Agreement are converted into such FILO Facility. Overdue amountsduring the existence of a default bear interest at 2% above the rate otherwiseapplicable thereto. Loans advanced under the FILO Facility may only be prepaidif all then outstanding revolving loans are repaid in full.

Pursuant to the Fifth Amendment, certain provisions, including certain negativecovenant baskets, of the Amended Credit Agreement have been revised to permitgreater flexibility. All other material terms of the Amended Credit Agreementremain unchanged from the Original Credit Agreement. For additional informationabout the terms of the Original Credit Facility, see the Company's CurrentReport on Form 8-K filed with the Securities and Exchange Commission on July 29,2015, November 16, 2016, June 29, 2018, September 27, 2019 and November 9, 2020,the relevant portions of which are incorporated herein by reference.

A copy of the Fifth Amendment, which includes the Amended Credit Agreement, isattached hereto as Exhibit 10.1 and is incorporated by reference herein. Theabove description of the Fifth Amendment and the Amended Credit Agreement doesnot purport to be complete and is subject to and qualified in its entirety byreference to the texts of the Fifth Amendment and the Amended Credit Agreement.

Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an

Off-Balance Sheet Arrangement of a Registrant.

The information provided in Item 1.01 above is incorporated herein by reference.

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Item 8.01 Other Events.

The Company issued a press release relating to the closing of the FifthAmendment to the Credit Agreement. That press release is filed as Exhibit 99.1to this Current Report on Form 8-K and is incorporated herein by reference as ifset forth in full.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

The following exhibits are being filed with this Current Report on Form 8-K:

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RYERSON HOLDING CORP : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance...