Archive for the ‘Fifth Amendment’ Category

Boltons revelations show that Trump deserves to be impeached a second time – The Globe and Mail

'The Room Where it Happened,' a book by John Bolton, at the White House in Washington, June 18, 2020. The book describes Boltons 17 turbulent months at President Trumps side through a multitude of crises and foreign policy challenges.

Doug Mills/The New York Times News Service

Robert Rotberg is the founding director of the Harvard Kennedy Schools Program on Intrastate Conflict, a former senior fellow at CIGI and president emeritus of the World Peace Foundation.

President Donald Trump should have been been found guilty at his impeachment trial. The U.S. House of Representatives should have expanded its indictment charge well beyond Ukrainian corruption, high crimes and misdemeanours to include asking President Xi Jinping of China to help him get reelected (and approving of Mr. Xis Uyghur concentration camps in Xinjiang region), running down NATO, pulling out of Syria in order to cut a deal with President Recep Tayyip Erdogan of Turkey (and betraying Kurdish allies), and generally running amok with foreign policy errors. Those are among the many critiques of the Trump presidency by John Bolton, his diehard conservative national security advisor, in a book being distributed this week.

Mr. Boltons charges are barbed. But even if voters are numbed by the sheer number of accusations, compounded by 19,000 already uttered presidential falsehoods counted by a Washington Post tally, Mr. Boltons indictment will remind a weary electorate not to forget. Truth and authenticity are the bedrock of leadership. Americans should expect no less of their presidents. Moreover, even though Congress has no appetite for another impeachment, nailing Mr. Trumps offences to the proverbial church door tells him, and the American people, that this is a president truly unfit for office an echo as well of the Twenty-fifth Amendment to the U.S. Constitution, which allows cabinet and Congress to end a presidency because of incapacity.

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The cascade of impeachable offences includes:

Dividing rather than uniting these United States and their disparate citizens. Putting narcissistic and electoral needs ahead of serving the nation.

Creating a series of thems rather than one us. Presidents should be drawing people into an us rather than creating an us versus them. New Zealands Prime Minister Jacinda Ardern did so successfully after a mosque massacre and now keeps her country largely free of coronavirus deaths. South Africas President Nelson Mandela dined with his enemies and brought all of South Africa together at a time when Black and white were dangerously unreconciled.

Demeaning the presidency and the very essence of the nation. Emerging from a White House bunker to attack peaceful protestors in order to accomplish a photo-op is but one example. Brendan Buck, a Republican operative, called those actions singularly immoral. Mr. Buck said that the President used force against citizens not to protect property, but to soothe his own insecurities.

Racist remarks threatening the very lives of Black Americans protesting. Conniving, too, with the stain of the Confederate memorabilia and names on military bases.

Falsely saying that presidents have authority to do whatever they want. I alone can fix it.

Facilitating the deaths of coronavirus victims. By sending wrong signals, first of reassurance and then of false remedies, and finally by encouraging the opening up for business prematurely and arrogantly, he caused the unnecessary deaths of thousands of Americans.

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Mr. Trumps missteps in foreign policy are also piling up:

Massively undermining the carefully constructed world order for which all previous American presidents and secretaries of state have fought valiantly and vigilantly since the Second World War.

Pulling out of the Paris climate accord, the Iranian nuclear deal and trashing the World Health Organization, thereby endangering the health and safety of the world.

Losing the trust of the world in the fundamental moral decency of U.S. policy.

Making the word of the United States unreliable in world affairs.

Forfeiting the U.S. role as a global setter and articulator of moral and legal guidelines and giving those roles (imagine!) to China and Russia.

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Putting Russias interests in security and human rights matters ahead of our own. Cosseting President Vladimir Putin, over and over. Condoning the invasion of Crimea.

Picking unnecessary fights with China, causing pain and trouble for Canadians and other Americans.

Calling African countries unspeakable names and being derogatory about their peoples.

Separating children from parents at the Mexican border.

Illegally denying the possibility of asylum to persons fleeing from Central America and beyond.

Embodying profound ignorance (refusing to read briefing books) in ways that endanger the nation and the world. And getting his information off a TV screen or from Twitter.

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Being a bully (and a coward).

Making the United States the laughingstock of the world no trivial crime.

This is hardly an exhaustive list. Nor is there space for more than bullet points. Realistically, there will be no second impeachment, no matter how deserved. Nor will his cabinet invoke the Twenty-fifth Amendment and declare him unfit for office. But the mental exercise of impeaching him again may contribute to Americas reckoning with itself in a desperate time when authentic and principled leadership matters more than ever. It is past time to call out the creator of Americas discontent.

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Boltons revelations show that Trump deserves to be impeached a second time - The Globe and Mail

U.S. Supreme Court Refuses to Hear 18-Year-Old Klamath Water Rights Case, Upholding Tribal Primacy – Lost Coast Outpost

Map and photo via U.S. Bureau of Reclamation.

# # #

Press release from EarthJustice:

Irrigated croplands along both sides of the Klamath River south of Klamath Falls.

WASHINGTON, D.C. The U.S. Supreme Court today refused to hear a case brought by Klamath Basin irrigators,Baley v. United States, settling for good the question of whether reduced water deliveries to Klamath Basin agricultural producers in 2001 constituted a taking of private property under the Fifth Amendment.

We are pleased that the Supreme Court has declined to hear this case, and upheld the Federal Circuits decision, saidattorney Stefanie Tsosie of Earthjustice, a nonprofit environmental law firm that has been involved in this case for 18 years. This decision affirms sound and settled principles of Tribal reserved water rights. Earthjustice has long worked to protect and restore the Klamath River and its salmon, which hold significant cultural value for Tribes in the Klamath Basin and are essential to sustaining the West Coast commercial salmon fishing industry.

Background

The lawsuit began 18 years ago when a group of water districts and individual farmers in the Klamath Basin of southern Oregon sought compensation under the Fifth Amendment, as well as damages for breach of contract, over reduced Bureau of Reclamation water deliveries from the Klamath Project for irrigation in 2001.

Because it was a drought year, plaintiffs with junior water rights received less water than expected. However, the Federal Circuit found that the water available in 2001 was necessary to fulfill the senior water rights of Tribes in the Klamath Basin and so the plaintiffs had no property interest in water required to satisfy the Tribes right. Earthjustice represents the Pacific Coast Federation of Fishermens Associations, an affiliation of commercial salmon fishing interests that have faced drastically reduced fishing seasons and incomes because of declines in Klamath River and other salmon populations.

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U.S. Supreme Court Refuses to Hear 18-Year-Old Klamath Water Rights Case, Upholding Tribal Primacy - Lost Coast Outpost

What you need to know about the Netflix documentary ‘Athlete A’ and USA Gymnastics – IndyStar

Indianapolis Star Published 8:42 a.m. ET June 24, 2020

The impact of IndyStar's USA Gymnastics investigation Indianapolis Star

In Athlete A, filmmakers Bonni Cohen and Jon Shenk follow IndyStars investigative team as they broke news on USA Gymnastics mis-handling of child sexual abuse cases. The documentary features behind-the-scenes discussions, and in-depth interviews with gymnasts, reporters, police, prosecutors and the heroic women who stepped forward to halt years of sexual abuse by former team doctor Larry Nassar. The film exposes the human toll wrought by a decades-long shift toward younger athletes, and harsh coaching techniques, that helped reap success but enabled abusers like Nassar.

Maggie Nichols is interviewed in Netflix documentary "Athlete A."(Photo: Netflix photo)

Athlete A is the name USA Gymnastics used to refer to Maggie Nichols, the first gymnast to report Nassar to USA Gymnastics officials. Nichols reported Nassar in the spring of 2015, but USA Gymnastics pursued a policy of keeping the allegations quiet. Nassar continued working in gyms for more than a year as an FBI investigation languished. During that time he abused dozens more women and girls. The film follows Nichols through her surprise exclusion from the 2016 Olympic team after she was injured, and her efforts to recover from the loss of her lifelong Olympic dream.

IndyStar reporter Marisa Kwiatkowski works with investigations editor Steve Berta in a scene from Netflix documentary "Athlete A."(Photo: Netflix photo)

IndyStar reporter Marisa Kwiatkowski received a tip in March 2016 that USA Gymnastics had an internal policy of dismissing allegations of sexual abuse, unless they were submitted in writing and signed by the athlete, guardian or a witness. IndyStar teamed Kwiatkowski with reporters Mark Alesia and Tim Evans and launched an investigation. The first story, published on Aug. 4, 2016, revealing that the policy had resulted in at least four instances when coaches accused of sexual misconduct were allowed to continue coaching, and molested other girls. That story led three women, Rachael Denhollander, Jamie Dantzscher and Jessica Howard, to contact IndyStar saying Nassar had abused them. IndyStar published its first story about Nassar in September 2016.

Dr. Larry Nassar appears at his sexual-abuse trial.(Photo: Matthew Dae Smith/USA Today Sports)

Nassar faced three criminal cases. After police found 27,000 images of child pornography on Nassars computer, he pleaded guilty to federal child pornography charges and was sentenced to 60 years in federal prison. He later pleaded guilty to sevencounts of first-degree criminal sexual conduct in Ingham County Circuit Court in Michigan, where he was sentenced to 175 years in prison. Nassar was also sentenced in an Eaton County, Michigan, court to40 to 125 years in prisonon three charges of sexual assault against gymnasts at Twistars gymnastics gym in Lansing.

Simone Biles shows off one of the four gold medals she won at the Rio Olympics.(Photo: Robert Deutsch/USA TODAY Sports)

More than 500 survivors have said Nassar abused them. Among them were several Olympic medalists, including Dantzscher, McKayla Maroney, Jordyn Wieber, Gabby Douglas, Simone Biles and Aly Raisman.

U.S. marshals are shown arresting former USA Gymnastics CEO Steve Penny in Gatlinburg, Tennessee, on Wednesday, Oct. 17, 2018.(Photo: U.S. Marshal's Service)

Former USA Gymanstics CEO Steve Penny was forced to resign in March 2017 and later was charged in Walker County, Texas, with evidence tampering and arrested in Tennessee. He was released on bond and pleaded not guilty to the charges. Throughout the entire four-year long scandal, Penny has declined every interview request from IndyStar. He was questioned by a congressional committee, he declined to answer every question, citing the Fifth Amendment protection against self-incrimination.

USA Gymnastics President and CEO Li Li Leung speaks about the organization, Thursday, April 25, 2019.(Photo: Kelly Wilkinson/IndyStar)

In the wake of the scandal, Michigan State University paid Nassars abuse survivors $500 million to settle claims. USA Gymnastics faces similar lawsuits from hundreds of survivors, and has filed for bankruptcy protection. Its entire board of directors and most of its management staff were replaced. Most of its major sponsors have pulled support.

Contact Steve Berta, investigations editor at IndyStar, at steve.berta@indystar.com.

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What you need to know about the Netflix documentary 'Athlete A' and USA Gymnastics - IndyStar

Lawyer for ‘Mr. Hattiesburg’ withdraws, citing a ‘significant breach of trust’ – Hattiesburg American

Lici Beveridge, Hattiesburg American Published 12:02 p.m. CT June 23, 2020 | Updated 1:02 p.m. CT June 23, 2020

Derrian Moye(Photo: Courtesy of Forrest County Jail)

Derrian Moye, who bills himself as "Mr. Hattiesburg," was scheduled for trial this month in Forrest County Circuit Court on a witness intimidation charge,but the trial was delayed once again after his attorney withdrew from the case.

Circuit Judge Jon Mark Weathers issued an order Monday allowing attorney Ottowa Carter to withdraw.

"Having considered the motion, the arguments of attorney Carter and Defendant Moye, and being otherwise fully advised in the premises, the court finds that a significant breach of trust has developed between Defendant Moye and Attorney Carter which would make his continued representation of Defendant especially difficult in this criminal case," Weathers wrote in the order.

Click here to read the judge's order.

Moye has 30 days to retain a new attorney.

Carter, in his motion to withdraw, said he could no longer represent Moye because a "significant breach of trust has developed between Defendant and the undersigned which cannot be repaired."

He said he has represented Moye since September and has filed several motions on his client's behalf.

Carter also wrote in his motion that he had given Moye advance notice of the filing, and on March 27 gave Moye a copy, giving Moye adequate time to find a new attorney before the trial was set to begin.

Click here to read the full motion to withdraw.

Moye has not indicated whether he has a new attorney.

Moye, 32, was charged with witness intimidation in 2015. His first trial ended in a mistrial.

He was charged in connection with an incident involvingDreshawn Sullivan, who was found guilty ofburglary of a dwelling, attempted kidnapping and child abuse at Burkett's Creek Westin which one female victim was hospitalized. Sullivan's conviction was upheld on appeal.

Moye was called to testify at Sullivan's trial, but used his Fifth Amendment right to remain silent. It is unclear what, if any, Moye's role was in the case.

Police said theintimidation charged stemmed from verbal threats Moye allegedly made in connection with Sullivan's case.

Moye, a self-proclaimed youth leader, attempted to run for Forrest County supervisor in 2019. He was not certified to run since he has a felony conviction.

Despite being ineligible, Moye continued his campaign, even seeking contributions from supporters.

Moye isknown for the many community programs he has implemented over the years, from youth ministriesto organizing job fairs, paradesand other events in the city.

Moye has a criminal history that has sometimes eclipsed his community efforts.

He has been accused ofcrimes ranging from statutory rape and contributing to the delinquency of a minor to forging checks and witness intimidation.

In July 2011, the Hattiesburg American reported Moye, who was 23 at the time, was arrested with another man after two juvenile girls were foundat Moyes residence in the early morning hours after one of the girl's motherreported her missing.

Former Hattiesburg police spokesman Eric Proulx told the Americanthe mother said her daughter had not returned home from an event at a community center that evening.

In the course of the investigation, Proulx said,a witness reported seeing two girls get into a black SUV owned byMoye. Police went toMoyes home, where the girls were found. The menwere charged withmisdemeanor contributing to thedelinquency of a minor.

It is unclear what became of that case.

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Moye was onprobation at the time, after pleading guilty in 2008 to uttering forgery, admitting he wrote and tried to casha check for around $3,400 on a bank account that was not his.

"I found a checkbook made out in the name of another person," he said in the plea agreement. "I took (illegible) to the bank where we attempted to cash the $3,432 check."

Astatutory rape chargewas passed to the inactive files, according to court documents.

He was sentenced to fiveyears in prison with one to serve and four years of post-release supervision.

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After his release, Moye was arrested at least twice more for violating the terms of his probation.

Affidavits filed in circuit court byMoye's probation officer said he violated his probation by not paying his fines and fees and finding a job.

Contact Lici Beveridgeat 601-584-3104 orlbeveridge@gannett.com. Follow her onTwitter@licibevor Facebook atfacebook.com/licibeveridge.

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Lawyer for 'Mr. Hattiesburg' withdraws, citing a 'significant breach of trust' - Hattiesburg American

Trump Admin Files Lawsuit Against 5,934 Acres of Land, More or Less in Order to Build the Wall – Law & Crime

The Trump administration filed a lawsuit against several thousand acres of land in South Texas on Monday in an effort to move forward with construction of the controversial and long-stalled border wall.

Submitted on behalf of the Department of Homeland Security (DHS), the lawsuit names 5,934 acres of land, more or less in Hidalgo County as well as Mary Francis Chupick Bennett as the defendants in the eminent domain action.

Presented as a complaint in condemnation, the lawsuit is a typical Department of Justice (DHS) filing used to condemn private property in order for the government to forcibly gain control, access and title when the landowner refuses to sell the real estate in question.

Declarations of takings were originally permitted and limited by the Bill of Rights via the Fifth Amendment and later further elaborated upon via the Federal Declaration of Taking Act, both which provide that any such taking is conditioned on the government providing just compensation for the property sought by the state.

Per that statute, such information includes:

(1) a statement of the authority under which, and the public use for which, the land is taken; (2) a description of the land taken that is sufficient to identify the land; (3) a statement of the estate or interest in the land taken for public use; (4) a plan showing the land taken; and (5) a statement of the amount of money estimated by the acquiring authority to be just compensation for the land taken.

Here, the DOJ is relying on a 2017 defense appropriations bill for the statutory authority necessitated by the act. The Trump administration has consistently broadcast their intent and argued their authority to reallocate traditional military funds for the purpose of constructing the 45th presidents long-promised wall on the U.S.-Mexico border due to Congress generally refusing to directly fund the project.

The lawsuit also describes the intent of the proposed seizure: The public purpose for which said property is taken is to construct, install, operate, and maintain roads, fencing, vehicle barriers, security lighting, cameras, sensors, and related structures designed to help secure the United States/Mexico border within the State of Texas.

Also contained are the necessary land descriptions and maps of the property the government is trying to claim for its own.

The just compensation outlined in the proposal looks to be a decided bargain for the federal government. For the nearly 6,000 acre plat, the DOJ is suggesting the landowners are only entitled to $113,202. That equates to roughly $19.08 per acre.

The average market value of rural acreage in Texas is just shy of $3,000 per acre, according to Texas A&M Universitys Real Estate Center. The government clearly believes they are entitled to an exponential discount on the would-be land grab.

Assistant United States Attorney Manuel Muniz Lorenzi signed the lawsuit on behalf of U.S. Attorney for the Southern District of Texas Ryan K. Patrick.

Perhaps curiously, or perhaps not, complaints in condemnation generally contain a jury demand instruction. Patricks filing on behalf of DHS, however, expressly disclaims that typical request.

[image via Joe Raedle/Getty Images]

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Trump Admin Files Lawsuit Against 5,934 Acres of Land, More or Less in Order to Build the Wall - Law & Crime