Archive for the ‘Fifth Amendment’ Category

Mike Pence Has Nowhere to Go – The Atlantic

Over and over, he gave Trump cover and vouched for him with the evangelical voters who were a crucial part of Trumps governing coalition. He stayed when families were separated at the border and when the president pressured a foreign leader to find dirt on Biden. He stayed through the tweetstorms and tantrums and false claims of election fraud. He tends to seek approval from something bigger and more powerful than himself, Rob Schenck, an evangelical minister who prayed and read scripture with Pence when he was in Congress, told me. And in this case, its the president.

Read: A survival guide for the Trump White House

Embracing Trump was always a gamble. As Brendan Buck, a former House Republicanleadership aide, told me, There are no happy endings when it comes to Trump. In this partnership, the president got more out of the bargain. Pence comes away damaged, while Trump, at least, got a vice president who ran a functioning operation.

Pences office was a corner of the Trump administration that actually resembled a working executive office. His staff didnt turn over every three days. There was little public drama and, whatever you may think of his politics, a sense of mission. Career government officials with no love for the president told me that Pence was a fair intermediary whod listen to their arguments. Joseph Grogan, who left his job as the director of the White Houses Domestic Policy Council in the spring, said that when people ask him who they should call at the White House with a question or problem, he suggests Pences office. I tell them that thats the only place you can really go right now, because theyre still working, he said. Now that Trump is holed up in the White House nursing his grievances, Pence is, in some respects, stepping into the role of acting president. Yesterday, he went to the Capitol to thank the National Guard troops deployed to protect the building ahead of Inauguration Daythe sort of gesture a president would normally make.

Until the elections grisly aftermath, Trump seemed positioned to become a GOP kingmaker whod hold considerable sway over the political fortunes of any West Wing aspirants, including his vice president. (That is, if he himself didnt run in 2024.) Now the party faces a reckoning. Trumps inexcusable behavior likely blew himself up politically, which may become a huge gift to the Republican Party, said a former senior White House official, who spoke on the condition of anonymity in order to talk candidly. The official framed Pence as a casualty of Trumps recklessness. His recent treatment of Pence showed a complete lack of character. What Trump was imploring Pence to do by rejecting the elections certification was not legal and not constitutional Its ridiculous.

Yet Pence has no obvious place in GOP electoral politics even if his party repudiates Trump. Grateful though they might be that Pence honored the popular vote, independents and Never Trump Republicans have plenty of plausible alternatives when the 2024 primary season rolls around. Consistent and unapologetic critics of the president, such as Representative Adam Kinzinger of Illinois, would most likely attract those voters. In the meantime, the Trump base is more likely to gravitate toward one of the presidents adult children, or maybe one of the two GOP senators who pushed to reject the electoral-vote count: Ted Cruz of Texas or Josh Hawley of Missouri. Pence was never a lock for the presidency, but now he simply has no lane left.

The hardest core of the Trump crowd is going to turn on himand Trump is going to make sure that they do, Doug Heye, a former Republican National Committee spokesperson, told me.

This week, Pence offered Trump one last act of service, rejecting House Speaker Nancy Pelosis call for him to invoke the Twenty-Fifth Amendment and bounce the president from office. But come January 20, hell be in the same position as he was after the Capitol riot: out in the cold.

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Mike Pence Has Nowhere to Go - The Atlantic

GOOD TIMES RESTAURANTS INC. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an…

Item 1.01. Entry Into a Material Definitive Agreement.

On January 8, 2021 (the "Effective Date"), Good Times Restaurants Inc. (the"Company") and each of its wholly-owned subsidiaries, as guarantors, enteredinto a Fifth Amendment to Credit Agreement and Waiver (the "Amendment") withrespect to the Company's Credit Agreement with Cadence Bank, N.A., as lender("Cadence") entered into on September 8, 2016, as amended on September 11, 2017by the First Amendment to Credit Agreement (the "First Amendment"), as furtheramended on October 31, 2018 by the Second Amendment to Credit Agreement (the"Second Amendment"), as further amended on February 21, 2019 by the ThirdAmendment to Credit Agreement (the "Third Amendment"), and further amended onDecember 9, 2019 by the Fourth Amendment to Credit Amendment (the "FourthAmendment" and, together with the First Amendment, the Second Amendment and theThird Amendment, the "Credit Agreement").

The Amendment, among other things, modifies the Credit Agreement as follows: (a)extends the Maturity Date (as defined in the Credit Agreement) to January 31,2023; (b) provides that the commitments of the lenders will be reduced from$11,000,000 as of the Effective Date of the Amendment to: (i) $10,000,000 onMarch 31, 2021; and (ii) $8,000,000 on July 1, 2021; (c) provides that therequired Consolidated Leverage Ratio (as defined in the Credit Agreement) as ofthe end of any fiscal quarter is greater than 5.15 to 1.00; and (d) providesCadence's formal waiver of the event of default caused by the Company's failureto comply with the required Consolidated Leverage Ratio then in effect for thefiscal quarter ended March 31, 2020.

The forgoing description of the Amendment is qualified in its entirety byreference to the full text of the Amendment, a copy of which is filed in Exhibit10.1 to this current report on Form 8-K and is incorporated by reference herein.

The information contained in Item 1.01 regarding the Amendment is incorporatedby reference herein.

Item 9.01. Financial Statements and Exhibits.

*Filed herewith

Edgar Online, source Glimpses

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GOOD TIMES RESTAURANTS INC. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an...

Lawsuit filed by 29 women can proceed against former West Linn doctor while criminal investigation continues, – OregonLive

A judge has denied a request by former West Linn Dr. David Farley to put a two-year hold on a civil case filed against him by 29 patients who allege he sexually abused them.

Multnomah County Circuit Judge Melvin Oden-Orr noted in his ruling Monday that for some plaintiffs, 17 years have already passed. This consideration weighs heavily against granting the stay.

Four women initially filed a lawsuit against Farley and then another 25 women joined it last week. Together, the 29 women seek a total of $290 million in damages, alleging Farley performed unnecessary pelvic exams and engaged in sexual battery while they were in his care.

The Oregon Medical Board stripped Farley of his state medical license on Oct. 2 for dishonorable and unprofessional conduct and gross or repeated negligence. He remains under criminal investigation by West Linn police. A majority of the plaintiffs have made statements to police, according to their lawyers.

Karen OKasey, Farleys lawyer, argued that postponing the civil suit would protect Farleys Fifth Amendment right against self-incrimination in the police investigation.

My client is facing a criminal investigation based on the same conduct, if not more, alleged by these same defendants, she told the court.

OKasey also argued that a delay wouldnt prejudice the women suing, noting the alleged conduct occurred five to 17 years ago.

But the judge found the arguments werent sufficient to grant a hold on the civil suit.

Citing case law, Oden-Orr wrote, Defendant has no absolute right not to be forced to choose between testifying in a civil matter and asserting his Fifth Amendment privilege.

Further, Oden-Orr said Farleys request isnt to simply delay a civil trail but also to delay gathering evidence in the case.

Farley can still protect himself by asserting his Fifth Amendment right when necessary, the judge wrote.

Attorneys for the plaintiffs told the court that theyve heard from dozens of other women who have come forward since the initial lawsuit was filed.

Allowing a stay in a civil matter whenever there is a pending criminal proceeding would render these civil cause of actions worthless and would deny victims of sexual assault the right to seek and obtain compensation for their pain and suffering, the plaintiffs lawyers wrote to the court.

The judge said he agreed, allowing the civil case to proceed.

Tom DAmore and John Manly, lawyers for the plaintiffs, said they have been contacted by more than 70 women who have reported alleged abuse by Farley.

Obtaining documents and testimony from Dr. Farley and those who worked with him at West Linn Medical Center, Legacy Meridian Park Hospital and Providence Health Services is crucial to hold those responsible for the pain and suffering of the young women we represent, DAmore and Manly said in a statement.

No criminal charges have been filed against Farley.

Farley moved to Idaho after leaving the West Linn Family Health Center and sending a retirement letter to his patients Aug. 12. He failed to mention he was under board investigation at the time.

As the civil case proceeds, Farley also is fighting to keep confidential the investigative records from the Oregon State Medical Board.

The plaintiffs lawyers had petitioned the Oregon attorney general to order the medical board to release its investigative records involving Farley. The attorney general ordered some released but not all. Farleys lawyers have argued in court papers that the records should remain confidential and are exempt under state law from public disclosure. Theyre seeking a temporary restraining order that would block the records release.

-- Maxine Bernstein

Email at mbernstein@oregonian.com; 503-221-8212

Follow on Twitter @maxoregonian

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Lawsuit filed by 29 women can proceed against former West Linn doctor while criminal investigation continues, - OregonLive

Tom McClintock: The only relief from lockdowns is to end them – The Union of Grass Valley

Every American needs to see Angela Marsdens tearful video as she pours out her frustrations as a small restaurant owner in Los Angeles. Forced to drastically curtail her business during Californias brutal shutdowns, she took out an $80,000 loan to meet all the expensive requirements to move her dining outside and salvage what was left of her lifes work. nstead, authorities arbitrarily changed the rules, and shut her down again a death sentence for her ten-year-old restaurant. Yet the same authorities permitted a film production company to offer the very same outdoor dining across the very same parking lot the day she had to close her business.

Im losing everything, she says through her tears. Everything I own is being taken away from me.

In Staten Island, police hauled a restaurant owner away in handcuffs for desperately trying to re-open his establishment just across the tracks from other restaurants where dining was allowed under precisely the same conditions.

When asked to explain these capricious standards, California Gov. Gavin Newsom smarmed, Im deeply empathetic. That must be a load off their minds.

The Fifth Amendment in our Bill of Rights specifically protects Americans from being deprived of life, liberty or property without due process of law. Where are those rights today?

Congress is now discussing how to provide relief for the thousands of small-business owners, their employees, and the families that depend on them, who have been crushed by these reckless edicts. As usual, politicians measure their empathy by how much theyre willing to spend of other peoples money. But the fine point of the matter is this: Government cannot support the economy for any significant time because government does not finance the economy. The economy finances the government and when you shut down the economy, you shut down the revenues that go to government.

The only genuine relief from the COVID-19 lockdowns is to end the COVID-19 lockdowns. Why is that so hard for some people to understand?

By now, it should be obvious that the lockdowns have failed to contain this virus. After nine months of this unprecedented experiment in social engineering, the virus continues to spread. Common sense should tell us that the more infectious a virus and the deeper it has already penetrated into a population, the less effective mass isolation will be.

The plight of Angela Marsden and countless victims of these policies tell us clearly what we are very effectively accomplishing: we are destroying our society. We have set in motion countless, avoidable deaths by suicide, drug and alcohol abuse, domestic violence, deferred health treatments and health screenings and poverty that will stalk us for many years to come. We have cost our youth a year of their educations. Nearly half of American retailers say they are now in imminent danger of permanently closing. Forbes magazine reports: The number one worry on most small-business owners minds now is the threat of more government mandated business closures. Eleven million Americans who had jobs in February dont have them today.

Modern science and its many breakthroughs in immunology, epidemiology and virology has given us advanced treatments and vaccines unparalleled in human history. But science is grotesquely incompetent to reorder human societies or to change the laws of human nature. Nor does it give officials the omniscience to know what is best for every person in every circumstance. Nor does it give them the right to wantonly destroy peoples lives and livelihoods. After all, medicines most ancient command is First, do no harm.

We have arbitrarily and indiscriminately destroyed the lifes work and lifes dreams of millions of Americans like Angela Marsden. We have made the most sacred right of Americans to life, liberty and the pursuit of happiness, into a hollow and bitter mockery.

The American people dont need the governors empathy, and they dont need politicians handouts. They need a government that protects their right to make a living and to lead their own lives according to their own best judgment. They need their Bill of Rights back. And above all, they need their freedom back.

U.S. Rep. Tom McClintock, R-Rocklin, represents Californias 4th Congressional District, including Auburn, parts of Nevada County, and north Lake Tahoe.

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Tom McClintock: The only relief from lockdowns is to end them - The Union of Grass Valley

Congressman Tom McClintock Addresses the House Floor: The Only Relief from Lockdowns is to End Them (With Video) – Sierra Sun Times

December 9, 2020 - On Wednesday, Congressman Tom McClintock (CA-04) delivered the following remarks on the House floor.

Mr. Speaker:

Every American needs to seeAngela Marsdenstearful video as she pours out her frustrations as a small restaurant owner in Los Angeles. Forced to drastically curtail her business during Californias brutal shutdowns, she took out an $80,000 loan to meet all the expensive requirements to move her dining outside and salvage what was left of her lifes work. Instead, authorities arbitrarily changed the rules, and shut her down again a death sentence for her ten-year-old restaurant. Yet the same authorities permitted a film production company to offer the very same outdoor dining across the very same parking lot the day she had to close her business.

Im losing everything, she says through her tears, Everything I own is being taken away from me.

InStaten Island, police hauled a restaurant owner away in handcuffs for desperately trying to re-open his establishment just across the tracks fromother restaurantswhere dining was allowed under precisely the same conditions.

When asked to explain these capricious standards, CaliforniaGov. Gavin Newsomsmarmed,"I'm deeply empathetic."That must be a load off their minds

The Fifth Amendment in our Bill of Rights specifically protects Americans from being deprived of life, liberty or property without due process of law. Where are those rights today?

Congress is now discussing how to provide relief for the thousands of small business owners, their employees, and the families that depend on them, who have been crushed by these reckless edicts. As usual, politicians measure their empathy by how much theyre willing to spend of other peoples money. But the fine point of the matter is this: government cannot support the economy for any significant period of time because government does not finance the economy. The economy finances the government and when you shut down the economy, you shut down the revenues that go to government.

The only genuine relief from the Covid lockdowns is to end the Covid lockdowns. Why is that so hard for some people to understand?

By now, it should be obvious that the lockdowns have failed to contain this virus. After nine months of this unprecedented experiment in social engineering, the virus continues to spread. Common sense should tell us that the more infectious a virus and the deeper it has already penetrated into a population, the less effective mass isolation will be

The plight of Angela Marsden and countless victims of these policies tell us clearly what we are very effectively accomplishing: we are destroying our society. We have set in motion countless, avoidable deaths by suicide, drug and alcohol abuse, domestic violence, deferred health treatments and health screenings and poverty that will stalk us for many years to come. We have cost our youth a year of their education.

Nearly half of American retailers say they are now in imminent danger of permanently closing.Forbes magazinereports (quote) the number one worry on most small business owners minds now is the threat of more government mandated business closures.Eleven millionAmericans who had jobs in February dont have them today.

Modern science and its many breakthroughs in immunology, epidemiology and virology has given us advanced treatments and vaccines unparalleled in human history. But science is grotesquely incompetent to reorder human societies or to change the laws of human nature. Nor does it give officials the omniscience to know what is best for every person in every circumstance. Nor does it give them the right to wantonly destroy peoples lives and livelihoods. After all, medicines most ancient command is First, do no harm.

We have arbitrarily and indiscriminately destroyed the lifes work and lifes dreams of millions of Americans like Angela Marsden. We have made the most sacred right of Americans to life, liberty and the pursuit of happiness, into a hollow and bitter mockery.

The American people dont need the governors empathy and they dont need politicians handouts. They need a government that protects their right to make a living and to lead their own lives according to their own best judgment. They need their Bill of Rights back. And above all, they need their freedom back.Source: Congressman Tom McClintock

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Congressman Tom McClintock Addresses the House Floor: The Only Relief from Lockdowns is to End Them (With Video) - Sierra Sun Times