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Updated 7:43pm EST, Friday, November 20, 2020

SAN JOSE, Calif. (AP) Santa Clara County's undersheriff has been indicted by a grand jury for his alleged role in a scheme to trade concealed weapons permits for donations to the sheriff's 2018 re-election campaign.

Undersheriff Rick Sung, a fierce supporter of Sheriff Laurie Smith, is the fifth person and second commander in the agency to be indicted in what has become the biggest political scandal in recent Santa Clara County history, the Mercury News reported Friday.

Sungs attorney, Chuck Smith, said Friday that he was seeking information from the district attorneys office.

I dont know what the counts are or what the charges are, he said. I dont really understand whats going on, other than that there was an indictment.

Smith, who has the sole statutory authority in her office to issue the concealed-carry weapons permits, has not been charged, and along with Sung invoked her Fifth Amendment rights against self-incrimination to a criminal grand jury in August.

Details about the indictments were not readily available Friday, including whether Sung and other sheriffs officials and staff were called to testify to the latest grand jury. Transcripts for the proceedings, if not sealed, could be available in a few weeks.

In its statement Friday, the sheriffs office acknowledged the indictment. Undersheriff Sung has been placed on administrative leave and we continue to cooperate with the District Attorneys Office, the statement reads.

The indictment also included an additional charge against key defendant Capt. James Jensen, who investigators describe as a linchpin in the alleged conspiracy.

Sung and Jensen operated as de facto campaign staff when Smith was up for re-election. They both rapidly climbed to the upper ranks of the sheriffs office, with Sung being named undersheriff and Jensen rising from sergeant to lieutenant to captain in just over two years.

The original August conspiracy and bribery indictment alleges that Jensen, attorney and political fundraiser Christopher Schumb, attorney Harpaul Nahal and local gun-maker Michael Nichols arranged to get up to a dozen concealed-carry weapons permits to agents with the executive security firm AS Solution. In exchange, the firm gave $90,000 in donations to groups that supported Smith in a contentious 2018 re-election campaign, the newspaper reported.

Jensen, Schumb, Nahal and Nichols pleaded not guilty and invoked their right to a speedy trial. But the case has been halted while the Sixth District Court of Appeal considers a defense petition seeking to oust District Attorney Jeff Rosen and his office from the case because of his past friendship with and fundraising support from Schumb.

State law gives sheriffs and police chiefs sole discretion on how the permits are issued.

Smith has long been dogged by criticism alleging her office has issued the permits to political donors, prominent officials and other VIP types.

office.

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Undersheriff indicted in concealed-gun permit probe - Thehour.com

I would be surprised if [Trump] doesnt try it, Andrew Weissmann, one of the lead attorneys in the Mueller investigation, told me.

Theres another, more labyrinthine path to a pardon: He can try to wrangle one from Mike Pence. Trump could temporarily make Pence the president by invoking the Twenty-Fifth Amendment. After Pence grants the pardon, Trump could demote him and reclaim the presidency. (The gambit wouldnt necessarily survive a legal challenge. The amendment envisages a president who is incapacitated, not one who is scheming to evade punishment.)

Alternatively, Trump could resign in the hours before his term expires at noon on January 20, making Pence president just long enough to pardon him. Would Pence go along? If he wants to be president in his own rightfor more than a few hourshe might balk at a plan that could spoil any thought of a comeback in 2024. President Gerald Ford lost reelection in 1976 in part because of the uproar over the pardon he gave Nixon. The question is, does Mike Pence want a future or not? Margaret Love, a Justice Department pardon attorney in George H. W. Bushs and Bill Clintons administrations, told me.

Trump could more easily pardon old allies, because theres nothing to stop him from doing so. Two potential recipients are Paul Manafort, his former campaign chairman who was convicted in 2018 of tax and bank fraud in Muellers investigation, and Roger Stone, a longtime friend who was convicted of obstructing the House inquiry into Russian election interference. Trump has already commuted Stones sentence, keeping him out of prison.

I do think that hes going to hand out a lot of pardonsespecially to those who are close to him, John Brennan, a former CIA director in the Obama administration and the author of the new book Undaunted, told me.

Trump could try to ditch important records.

There are plenty of records stored at the White House that Trump may not want his successor, Congress, or the public to ever see: Emails involving his impeachment. Memos about officials hes fired. Transcripts of conversations with Vladimir Putin or Kim Jong Un.

Before he leaves, he could ask that records be destroyed or hidden so that the incoming Biden administration wont know where to find them, some lawmakers and good-government groups worry. Trump has already refused to grant Biden the intelligence briefings that a president-elect normally receives during the transition period.

This is an administration that shows nothing but disdain for the rule of law, Schiff said. You have to be deeply concerned about whether they will abide by federal records laws. I can only hope that the career civil servants understand its their legal and moral obligation not to destroy documents and not to make themselves a party to it even if asked to do so by political appointees.

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The 3 Norms Trump Could Still Break - The Atlantic

CLARKSBURG, W.Va. (WV News) A 60-year-old convicted 39 years ago in a Harrison County homicide now is accused of violating his federal supervised release in a 2006 federal drug case.

Charles Raymond Wable is accused of violating his supervised release by unlawfully possessing an assault-style rifle that had a loaded high-capacity magazine and had a round in the chamber.

And now Assistant U.S. Attorney Andrew Cogar is trying to prove that Wable also tried to persuade another male to lie by saying the gun was his.

During a Nov. 10 final hearing on the petition to revoke supervised release, the male, a young man, testified that it was his gun.

Keeley then granted a government request for a continuance to investigate the young mans testimony.

The young man, visibly shaken, appeared for a second time Friday and was informed of his Fifth Amendment rights by Keeley. She also has arranged for the young man to be appointed veteran area counsel, probably either Tom Dyer or Shawn Morgan.

The judge also declined to rule yet on the petition to revoke Wables supervised release. She told Cogar and Federal Defender Brian Kornbrath that she wants to listen to tapes of phone calls Wable made since he was jailed Sept. 25, and also review a transcript of those calls. Because of the possibility of further criminal charges, I need to look at this pretty carefully, Keeley said before scheduling a December resumption of the hearing.

Additionally, she indicated she may want the young man to take the stand again, even if its just to invoke his Fifth Amendment right to remain silent. The young man was visibly shaken during his appearance before Keeley.

During the Nov. 10 hearing, the young man testified hed bought the gun at a roadside stand and then put it under Wables mattress after firing a few rounds.

Wable took the stand Oct. 2 in his preliminary revocation hearing and denied the firearm belonged to him.

The Bureau of Alcohol, Tobacco, Firearms and Explosives is investigating Wable for the possible filing of new criminal charges over the gun possession, U.S. Probation Officer Benjamin Ahmed testified during the Oct. 2 hearing.

Cogar put on just one witness Friday, ATF Special Agent Jared Newman. Newman testified about finding work records that put into question the young mans testimony about buying the gun Sept. 25 and putting it under the mattress that day.

Newman also testified about listening to the jail calls and how that could correlate to the governments belief that Wable was trying to hire someone to lie about the gun possession or in legal terminology, allegedly trying to suborn perjury.

The gun was found Sept. 25 at Wables residence by federal probation officers Vinnie Zummo, Evin Thomas and Travis Roberts, Ahmed testified Oct. 2.

In addition to a Harrison County second-degree murder conviction from 1981, Wable has convictions from the Southern District of West Virginia for conspiracy to distribute marijuana and for breaking into a post office, Ahmed has testified.

Wable also is on the supervised release for possession with intent to distribute cocaine. On Sept. 4, 2007, Keeley sentenced Wable to 188 months in prison in that case.

Wable, of Lumberport, also is under indictment in Harrison County Circuit Court on a charge of felony fleeing with reckless indifference.

That charging document was handed up by grand jurors in early September. Harrison Circuit Judge James A. Matish has yet to reschedule the trial after Wable was arrested by federal authorities on the supervised release revocation allegation.

On the state fleeing charge, Wable in late 2019 led law enforcement on a pursuit through the Wyatt, ODells Knob and Pine Bluff communities, law enforcement has alleged.

Wable drove off from a traffic stop while Harrison Deputy Ryan Harris was checking IDs and criminal history information, according to the criminal complaint.

The pursuit was brought to a halt near Peora when Harrison Deputy J.R. Flanagan successfully deployed stop sticks, causing flats to all four tires of the vehicle driven by Wable, according to law enforcement.

On the second-degree murder conviction, Wable was sentenced to 5 to 18 years, with an effective sentencing date of April 18, 1983, according to Lawrence Messina, state communications director, who cited information from the West Virginia Division of Corrections and Rehabilitation. Wable was granted parole Nov. 7, 1988, and discharged from parole early, on Nov. 29, 1993, according to Messina.

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Harrison County West Virginia man with murder & other felony convictions accused of violating supervised release by possessing assault rifle - WV...

The jailed producer says his poor health makes giving a deposition nearly impossible and his pending criminal case in L.A. puts him at severe risk of self-incrimination.

Harvey Weinstein is asking a New York federal judge to stay proceedings in a civil suit brought by Alexandra Canosa.

The former Weinstein Co. employee in 2018 sued Weinstein, along with the company and several of its directors and executives, claiming he repeatedly raped and assaulted her under a looming threat of retaliation to her career. On Thursday, Weinstein's attorney Imran Ansari told the court that it's practically impossible for the jailed producer to sit for a deposition because of his poor health and that the matter should separately be put on hold pending the outcome of the criminal case against him in Los Angeles. Under the current proposed deadlines, his deposition would need to be completed by Jan. 29.

"Mr. Weinsteins health has had a dramatic decline this week, as heavily reported in the media," writes Ansari in the motion, which is posted below. "These health concerns make it practically impossible to conduct his deposition and impedes his fundamental right to participate in his defense."

According to the filing, those health concerns include diabetes mellitus, extensive coronary artery disease, high blood pressure, sleep apnea, chronic leg pain, arthritis, anemia, spinal stenosis and several others, which Ansari argues put him at heightened risk for contracting COVID-19. (Reps for Weinstein on Thursday said that while he has recently been sick with a fever he has so far tested negative for COVID-19.)

That alone should be enough, Ansari argues, but because the nature of Canosa's claims that he sexually assaulted and raped her is related to the criminal charges he's facing, there's also a severe risk of incrimination.

"Notwithstanding Mr. Weinsteins vehement denials of these salacious accusations, and evidence to support that any sexual relationship was completely consensual, these allegations closely resemble the charges of sexual misconduct in the Los Angeles County District Attorneys Office," writes Ansari. "In the absence of a stay, Mr. Weinsteins constitutional rights to defend himself against the criminal allegations are unreasonably and unfairly burdened. Mr. Weinstein would be forced to make 'the difficult choice between being prejudiced in the civil litigation,' if he asserts his Fifth Amendment privilege, 'or from being prejudiced in the criminal litigation if he waives that privilege in the civil litigation.'"

Weinstein is currently facing 11 felony charges in L.A., including rape and sexual battery, and while his extradition to California has been put on hold because of the pandemic, his attorney says it's imminent.

Canosa's attorney Thomas Giuffra on Friday sent The Hollywood Reporter this statement in response to the filing: "Despite being convicted of rape and now residing in a penitentiary, Weinstein continues to attempt to delay justice for the survivors of his evil acts. This is not surprising as he will never want to submit to questioning regarding his serial acts of abuse."

Nov. 20, 11:05 a.m. Updated with a statement from Alexandra Canosa's attorney.

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Harvey Weinstein Asks Court to Pause Civil Suit Because of Severe Health Issues and Risk of Incrimination - Hollywood Reporter

Court filings: In court papers filed under seal last week, the FTC said Bannon agreed to appear for an in-person interview at the commission in September, but then didnt show up. The FTCs filings were unsealed Friday and a federal judge scheduled a hearing for Dec. 8 on the agencys request.

FTC lawyers said they want to question Bannon about whether the Facebook user data collected by Cambridge Analytica still exists and was shared with anyone else.

Any further delays in discovering additional information about where the deceptively obtained Facebook profile data may be located, or with whom it may have been shared, would further harm consumers, the FTCs lawyers said.

Previous difficulties: The FTC had some difficulty serving Bannon, the former executive chairman of Breitbart News, with a subpoena last year, but the agency said he was formally served in November 2019. An interview in March was postponed because of the coronavirus pandemic. Bannons lawyers then negotiated a new interview for September, with the caveat that the former Trump strategist would invoke his Fifth Amendment right against self-incrimination in response to any questions.

In August, Bannon was separately charged with money laundering and conspiracy to commit wire fraud for allegedly using donations intended to build a private border wall on personal expenses. He pleaded not guilty to the charges.

The day before his scheduled interview in September, Bannons lawyers told the FTC he wouldnt be coming. The FTC asked the court to require Bannon to sit for an interview under oath.

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FTC asks court to force Bannon to testify on Cambridge Analytica scandal - POLITICO