Archive for the ‘Fifth Amendment’ Category

Four Predictions For 2022 – Above the LawAbove the Law – Above the Law

Happy new year!

What better way to celebrate than with predictions for the coming year?

Ill start with a prediction you werent thinking about: Ron DeSantis will lose his race for governor of Florida in November.

I see two reasons why DeSantis will lose. First, an awful lot of people have died from COVID-19 in Florida, and thousands more will die in the coming months. Its going to turn out that repeatedly saying stupid things that result in the death of your constituents is not a good political strategy. The friends and families of all those dead people will remember that DeSantis is partly to blame, and theyll hold it against him at the polls.

Couple the COVID-19 problem with DeSantiss likely abortion problem. The Supreme Court will upset the Roe applecart during the first half of this year. DeSantis is pro-life, but Florida generally tilts the other way, and this will pose a problem for DeSantis. Combine a silly response to COVID-19 with a politically untenable response to abortion, and you have the surprise of the season: DeSantis will lose his governors race, and with it any chance to be the Republican nominee for president in 2024.

What other predictions do I have up my sleeve?

My second prediction is less surprising than the first: Liz Cheney will lose her seat in the House of Representatives in November.

I have a lot of respect for Liz Cheney, and probably many elected Republicans respect her, too; they just cant say so out loud. Cheney has made her small mark in the history books by daring to suggest that inciting a crowd to attack Congress is somehow wrong.

But earning your place in the history books and earning votes in todays Republican Party are two different things.

In heavily Republican Wyoming, the person who wins the Republican primary will of course win the general election for a seat in the House of Representatives. But Cheney will not win the primary, and shell be out of office come January.

No surprises there.

Prediction number three: Trumps legal woes will catch up with him in 2022.

A lot of people have been trying to get Trump under oath for a long time: The New York attorney general, many plaintiffs in civil cases, and the like.

Its possible to stall the legal system for a while, but its not possible to block it entirely unless youre the president, which Trump no longer is. Trumps federal lawsuit seeking to prohibit the New York attorney general from deposing Trump is doomed to fail, as anyone whos read the Anti-Injunction Act would know. Trump will be forced to appear for his deposition.

But Trump would be a fool to testify to anything substantive. Hell plead the Fifth Amendment, and then hell say that he never did anything criminal. Hell say he had to plead the Fifth to evade a Democratic witch-hunt.

But thats not all!

The plaintiffs in some of the civil cases will also finally get Trump under oath. Plaintiffs counsel in those cases will know the threat that expansive testimony poses to Trump, so those lawyers will of course encourage expansive testimony.

But thats not all!

The assorted prosecutors investigating Trump will also continue to pursue him during the year. My guess is that at least one of those prosecutors will indict him.

I cant foresee the precise result of all that testimony and all those cases, but it wont be good for Trump.

Finally, COVID.

I must say: I see two possibilities for the pandemic. One possibility is that several billion people are infected with the omicron variant in the coming months. That gives the virus billions of opportunities to mutate. Naturally, it does. Something far worse than omicron emerges from these rampant infections, and were back to April 2020 all over again.

The other possibility is that omicron is in fact less severe than the original virus. Omicron infects billions of people with a less dangerous illness, and those people all develop some level of resistance to future infections. (Health care systems around the world may well be challenged while that process runs its course, but Im looking longer term than that.)

In the United States, Democrats electoral success is tied to how well Biden handles the virus. He cant let the virus run wild and so imposes every vaccine requirement that the courts will permit. The vaccination programs, coupled with the natural spread of the disease, puts the country, and the world, in a much better place by the end of the year.

Although you cant always tell from my columns at Above the Law, Im an optimist.

Im going with the second version of my COVID-19 visions, and Im predicting that the country, and the world, will be nearing the end of the COVID-19 pandemic by December 31, 2022.

And if Im wrong?

Ill be so terribly depressed that my regret for one silly prediction will be lost in the sea of melancholy.

So instead lets end on a bright note: I hope your 2022 is a happy and healthy one! Or, as someone recently said, Stay positive. Test negative.

MarkHerrmannspent 17 years as a partner at a leading international law firm and is now deputy general counsel at a large international company. He is the author of The Curmudgeons Guide to Practicing LawandDrug and Device Product Liability Litigation Strategy(affiliate links). You can reach him by email atinhouse@abovethelaw.com.

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Four Predictions For 2022 - Above the LawAbove the Law - Above the Law

COMMUNITY HEALTHCARE TRUST INC : Change in Directors or Principal Officers, Financial Statements and Exhibits (form 8-K) – marketscreener.com

Item 5.02 Departure of Directors or Certain Officers; Election of Directors;Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.(e) On October 28, 2021, the Board of Directors (the "Board") of CommunityHealthcare Trust Incorporated (the "Company"), at the recommendation of thecompensation committee of the Board (the "Committee"), authorized and approvedthe Sixth Amendment (the "Wallace Sixth Amendment") to the Employment Agreementby and between the Company and Timothy G. Wallace (the "Wallace EmploymentAgreement"), the Third Amendment (the "Dupuy Third Amendment") to the EmploymentAgreement by and between the Company and David H. Dupuy (the "Dupuy EmploymentAgreement"), the Third Amendment (the "Stach Third Amendment") to the Amendedand Restated Employment Agreement by and between the Company and Leigh Ann Stach(the "Stach Employment Agreement"), and the First Amendment (the "Meyer FirstAmendment") to the Employment Agreement by and between the Company and TimothyL. Meyer (the "Meyer Employment Agreement"). These amendments to each respectiveemployment agreements were executed on January 4, 2022 and were effective as ofJanuary 1, 2022.Wallace Employment AgreementThe principal change in the Wallace Employment Agreement resulting from theWallace Sixth Amendment is to increase the base salary paid by the Company toTimothy G. Wallace for his employment as President and Chief Executive Officer("Wallace Base Salary"). In 2021, the Wallace Base Salary was $750,000.00. TheWallace Sixth Amendment increases the Wallace Base Salary to $794,200.00 for2022, which is a $44,200.00 increase from 2021.The foregoing descriptions of the Wallace Sixth Amendment to the WallaceEmployment Agreement are qualified in their entirety by reference to theoriginal Wallace Employment Agreement, which is included as Exhibit 10.6 to theRegistration Statement on Form S-11 of the Company filed with the Securities andExchange Commission (the "SEC") on April 2, 2015, the first amendment to theWallace Employment Agreement, which is included as Exhibit 10.1 to the CurrentReport on Form 8-K filed with the SEC on January 18, 2017, the second amendmentto the Wallace Employment Agreement, which is included as Exhibit 10.1 to theCurrent Report on Form 8-K filed with the SEC on January 2, 2018, the thirdamendment to the Wallace Employment Agreement, which is included as Exhibit 10.1to the Current Report on Form 8-K filed with the SEC on January 3, 2019, thefourth amendment to the Wallace Employment Agreement, which is included asExhibit 10.1 to the Current Report on Form 8-K filed with the SEC on January 3,2020, the fifth amendment to the Wallace Employment Agreement, which is includedas Exhibit 10.1 to the Current Report on Form 8-K filed with the SEC on January4, 2021, and the Wallace Sixth Amendment, which is included as Exhibit 10.1 tothis Current Report on Form 8-K, and are incorporated by reference into thisItem. The foregoing description of the Wallace Sixth Amendment does not purportto be complete and is qualified in its entirety by reference to such exhibits.Dupuy Employment AgreementThe principal change in the Dupuy Employment Agreement resulting from the DupuyThird Amendment is to increase the base salary paid by the Company to David H.Dupuy for his employment as Executive Vice President and Chief Financial Officer("Dupuy Base Salary"). In 2021, the Dupuy Base Salary was $460,000.00. The DupuyThird Amendment increases the Dupuy Base Salary to $487,200.00 for 2022, whichis a $27,200.00 increase from 2021.The foregoing descriptions of the Dupuy Third Amendment to the Dupuy EmploymentAgreement are qualified in their entirety by reference to the Dupuy EmploymentAgreement, which is included as Exhibit 10.1 to the Current Report on Form 8-Kfiled with the SEC on March 11, 2019, the first amendment to the DupuyEmployment Agreement, which is included as Exhibit 10.2 to the Current Report onForm 8-K filed with the SEC on January 3, 2020, the second amendment to theDupuy Employment Agreement, which is included as Exhibit 10.2 to the CurrentReport on Form 8-K filed with the SEC on January 4, 2021, and the Dupuy ThirdAmendment, which is included as Exhibit 10.2 to this Current Report on Form 8-K,and are incorporated by reference into this Item. The foregoing description ofthe Dupuy Third Amendment does not purport to be complete and is qualified inits entirety by reference to such exhibits.Stach Employment AgreementThe principal change in the Stach Employment Agreement resulting from the StachThird Amendment is to increase the base salary paid by the Company to Leigh AnnStach for her employment as Executive Vice President and Chief AccountingOfficer ("Stach Base Salary"). In 2021, the Stach Base Salary was $387,600.00.The Stach Third Amendment increases the Stach Base Salary to $410,500.00 for2022, which is a $22,900.00 increase from 2021. 2

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Item 9.01 Financial Statements and Exhibits.

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Edgar Online, source Glimpses

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COMMUNITY HEALTHCARE TRUST INC : Change in Directors or Principal Officers, Financial Statements and Exhibits (form 8-K) - marketscreener.com

IRS: Stolen property is income unless you return it the same year – NewsNation Now

BIRMINGHAM, Ala. (WIAT) Images circulating on social mediapurport to show an IRS guideline asking taxpayers to report the value of any property they have stolen each year as income.

The guideline is real.

The Internal Revenue Services Publication 17,available on the agencys website, contains a section on stolen property that may leave readers scratching their heads.

If you steal property, you must report its fair market value in your income in the year you steal it unless you return it to its rightful owner in the same year, the guideline states.

The issue of reporting illicit income to the government has raised questions before even in the nations highest court.

In the 1927caseUnited States v. Sullivan, the US Supreme Court considered whether prosecuting criminals for evading taxes on illegal income violated the Fifth Amendment, the provision of the Bill of Rights that protects against self-incrimination.

In that case, a South Carolina bootlegger challenged his conviction on federal charges on the grounds that he could not be required to incriminate himself by declaring illegal income.

In aunanimous opinion, Justice Oliver Wendell Holmes Jr. rejected that argument.

Nearly a century later, thatcourt opinionstill stands. Since then, many criminals have been convicted for tax evasion in a similar manner, includingAl Caponein 1931.

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IRS: Stolen property is income unless you return it the same year - NewsNation Now

Jan. 6 House panel wants interim’ findings released by the summer: report – New York Post

The House select committee investigating the Jan. 6 Capitol riot is hoping to release an interim report on its findings this coming summer, according to a new report.

Committee aides familiar with the timeline told the Washington Post that the panel is discussing having public hearings in the winter and spring, followed by the release of the interim report. A final report is expected to be put out before the 2022 midterms.

I think we may issue a couple reports and I would hope for a [full] interim report in the summer, with the eye towards maybe another I dont know if itd be final or another interim report later in the fall, a senior committee aide told the outlet.

We want to tell it from start to finish over a series of weeks, where we can bring out the best witnesses in a way that makes the most sense, another senior committee aide added to the outlet. Our legacy piece and final product will be the select committees report.

Publicly, the committee has avoided giving a specific timeline for hearings and reports.

Earlier this month, committee Chairman Rep. Bennie Thompson (D-Miss.) told CNN that they dont have a specific date for when hearings will begin.

But well have some rolling hearings that will go on a good bit. It will be a non-traditional type of hearing, he added.

Another committee aide told CNN that the timeframe of the release of the potential reports is subject to change.

Much of the panels investigation has been done privately, with the exception of one public hearing earlier this year that featured testimony from multiple officers who protected the Capitol on the day of the riot.

The committee has subpoenaed several allies of former President Donald Trump for documents, communications and testimony about events before, during and after that day. Many, including ex-White House chief of staff Mark Meadows, have refused to comply with the panels request, citing their Fifth Amendment rights.

Last week, the committee requested Rep. Jim Jordan (R-Ohio) meet with them to discuss his conversation with Trump on Jan. 6.

Jordan is the second lawmaker the committee has requested information from the first being Freedom Caucus Chairman-elect Scott Perry (R-Pa.). Perry declined the panels request, leading the committee to say it is not ruling out seeking such information using other tools.

While several Trump allies have been threatened with contempt of Congress charges, only one former White House chief strategist Steve Bannon has been indicted. Last month, Bannon was charged with two counts of contempt of Congress after he refused to produce documents or give testimony.

Trump has repeatedly slammed the investigation and is attempting to claim executive privilege over several of the documents and communications requested by the committee.

On Tuesday, the Associated Press reported that the committee had agreed to hold off its effort to get its hands on some Trump administration records at the request of the Biden White House.

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Jan. 6 House panel wants interim' findings released by the summer: report - New York Post

Trump Asks SCOTUS to Block Records Release to 1/6 Committee as Allies Plead the Fifth – Newsweek

Former President Donald Trump asked the Supreme Court on Thursday to prevent releasing documents to the House select committee investigating the January 6 Capitol attack.

Trump requested the justices to pause a decision made by a lower court allowing the disclosure of White House records while they consider his position in the case.

"The limited interest the Committee may have in immediately obtaining the requested records pales in comparison to President Trump's interest in securing judicial review before he suffers irreparable harm," Trump's attorney, Jesse R. Binnall, wrote in a court filing.

"[Former] President Trump will suffer irreparable harm through the effective denial of a constitutional and statutory right to be fully heard on a serious disagreement between the former and incumbent President," Binnall added.

According to his lawyer, Trump stated that he was in negotiations with the White House but "abruptly stopped" them after a decision had been made to release the first tranche of documents requested.

Last week, Roger Stone, a former adviser to Trump and a Republican consultant, pleaded the Fifth Amendment for every question he was asked at a deposition with the January 6 panel.

"I did invoke my Fifth Amendment rights to every question not because I have done anything wrong but because I am fully aware of the House Democrats' long history of fabricating perjury charges on the basis of comments that are innocuous, immaterial or irrelevant," Stone told reporters on Friday.

Other Trump allies who were called to testify before the January 6 committee said that they will also invoke the Fifth Amendment. Those allies include conspiracy theorist Alex Jones, former Justice Department official Jeffrey Clark, and attorney John Eastman.

The January 6 committee is seeking documents that could reveal the former president's role in attempting to overturn the 2020 presidential election resultsincluding his part in the "Stop the Steal" rally held before his supporters stormed into the Capitol as lawmakers were in session.

The documents requested also include schedules, speech remarks, call logs, movement logs and events that Trump attended, his communications with former Vice President Mike Pence, and all communications within the White House on January 6, according to a court filing.

Trump also wants to block the release of a draft proclamation honoring two police officers who died during the riot and other documents related to efforts in overturning the election results and his claims of election fraud, CNN reported.

In November, the House select committee's chairman, Representative Bennie Thompson, said that the panel is seeking to know details of the events that unfolded on January 6.

"The select committee is seeking information about the rallies and subsequent march to the Capitol that escalated into a violent mob attacking the Capitol and threatening our democracy," Thompson said.

"We need to know who organized, planned, paid for, and received funds related to those events, as well as what communications organizers had with officials in the White House and Congress," he added.

Newsweek contacted Trump's office and lawyer for comments.

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Trump Asks SCOTUS to Block Records Release to 1/6 Committee as Allies Plead the Fifth - Newsweek