Archive for the ‘Fourth Amendment’ Category

Did DeSantis Really Think This Through? – by Charlie Sykes – The Bulwark

(Photo by Paul Hennessy/SOPA Images/LightRocket via Getty Images)

Three thoughts to consider this morning:

You really wouldnt want to be the guy around Mar-a-Lago who came up with the idea for a special master.

Maybe Ron DeSantis didnt really think through this whole flying-migrants-around-the-country thing.

Trumps weekend rally was worse than you thought.

Happy Tuesday.

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Lets start with Team Trumps apparent buyers remorse over the special master they wanted and chose. Judge Raymond Dearie asked Trump to disclose details about any materials he claims to have declassified before calling them his property.

Trump is balking, complaining:

[T]he Special Master process will have forced the Plaintiff to fully and specifically disclose a defense to the merits of any subsequent indictment without such a requirement being evident in the District Courts order, the attorneys wrote.

Oh.

Theres more. Trump is worried that Dearie is moving too fast, arguing that his draft plan for review compresses the entirety of the inspection and labeling process to be completed by October 7, 2022.

And

Trumps team also raised concerns about Dearies request for information about whether any subsequent Fourth Amendment litigation filed by Trump to reclaim the documents should be filed with the magistrate judge who authorized the search in the first place: Bruce Reinhart, who Trump has assailed without basis as biased against him.

As Politicos Kyle Cheney notes:

The back and forth comes a day before Trump will make his first bid to convince an appeals court panel to grant him the same deference that Cannon did when she blocked the Justice Departments criminal review of the national security secrets stashed at his Mar-a-Lago home.

Exit take:

**

Its still early days, but this could get messy: Texas sheriff opens criminal investigation into Martha's Vineyard migrant trips.

[Bexar County Sheriff Javier Salazar] said that 48 migrants appeared to have been lured under false pretenses into staying at a hotel for a couple of days before they were flown to Florida and Marthas Vineyard.

They were promised work, he said. They were promised the solution to several of their problems.

He said a recruiter was paid a "bird dog fee" to gather roughly 50 people around a San Antonio migrant resource center.

The asylum-seekers, most of them Venezuelan, were then taken to the posh Massachusetts island for little more than a photo op or a video op, and they were unceremoniously stranded in Marthas Vineyard, Salazar said.

Salazar said his office's organized crime investigators would handle the investigation.

Maybe the feds should get involved, as well?

Speaking of the DeSantis stunt, read Linda Chavez in todays Bulwark: The Cruelty and Dishonesty of the DeSantis Immigration Stunt.

Also: Make sure you check out Judd Legums expos, which JVL summarized yesterday:

None of the migrants were in the U.S. illegally. They were claiming asylum from the regime in Venezuela that DeSantis himself says is responsible for countless atrocities.

DeSantis and his agents lied to the asylum seekers in order to get them aboard the planes. They told the Venezuelan refugees that they were going to Boston in order to get expedited work papers.

DeSantis and officials in his administration then lied to the public, insisting that they did not mislead the refugees.

Legum has a copy of the brochure that the refugees were given:

Popular Information, however, has obtained a brochure that was provided to the migrants who ultimately agreed to the flights. It was provided to Popular Information by Lawyers for Civil Rights (LCR), a Boston-based legal organization that represents 30 of the migrants.

The brochure says that migrants who arrive in Massachusetts will be eligible for numerous benefits, including "8 months cash assistance," "assistance with housing," "food," "clothing," "transportation to job interviews," "job training," "job placement," "registering children for school," "assistance applying for Social Security cards," and many other benefits.

None of this, however, is true.

**

Over at the Dispatch, Nick Catoggio (the pundit formerly known as Allahpundit) takes a deep-dive into the complicated Trump-DeSantis dynamic.

At some point an impatient narcissist will no longer be able to ignore his rivals effrontery, especially if its cutting into his camera time. Its one thing for DeSantis to steal Trumps hand gestures, its another for him to steal the policy issue on which Trump has made his bones as a fighter. The day Trump loses his distinction as King of the Jerks to DeSantis is the day we have a bona fide fight on our hands for the 2024 nomination.

Which is one reason I think his patience with DeSantishis willingness to hold his tongue about the younger manis about to run out.

**

Must-read from Tom Nichols in the Atlantic:

Saturday nights Ohio rally was not a typical Trump carnival, and it was not just ridiculousit was dangerous. His embrace of the QAnon conspiracy theorists represents a new expansion not only of Trumps cult of personality, but of his threats to sow violence.

Despite his seeming inability to remember anything from one thought to the next, Trump has a kind of lizard-brain awareness of dangeronly to himself, of coursethat guides him when hes faced with threats. His reflex in such situations is to do whatever it takes to survive, including bullying, lying, threatening, and allegedly breaking the law.

He is in political and legal jeopardy now, and he has decided to escalate his war against the rule of law, the American system of government, and the American people by embracing and potentially weaponizing QAnon.

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Grim, but important, read from Major Garrett and David Becker, excerpted from their new book, The Big Truth: Upholding Democracy in the Age of The Big Lie which is out today.

Americas second civil war could start with a bang or with a whimper. It could begin with a skirmish or sneak up on us through a series of small compromises and acts of political cowardice. Civil war could announce itself loudly and bloodily, leaving no doubt as to its awful entrance. Or it could creep in through the back door, only to be recognized in hindsight as a series of seemingly disconnected events that could have and should have been stopped. We may be midstream in such a flow of events already. We now examine this possible future as if we have just emerged from its aftermath.

Republicans had a strategy for downplaying the issue through the midterms, writes Will Saletan. So much for that.

If youre devoutly pro-life, it can be exhilarating to watch a politician flaunt his resolve to prohibit all abortions in every state. But if youre pro-choice, its alarming. And if youre McConnell, its a headache. McConnell just wants to make things easy on Republican senators and Senate candidates. He doesnt want Ron Johnson, Mehmet Oz, Adam Laxalt, and other purple-state GOP nominees to be put on the spot about a federal ban.

Apparently, Graham does. In the interview, he exhorted pro-lifers to hold Republican lawmakers feet to the fire. Without using McConnells name, he called for a direct assault on McConnells position. Heres the question for the pro-life movement: Are you going to accept the Republican party who tells you Washington is out of business? Graham asked. I dont think you will. I dont think you should.

Donald Ayer writes that no one should think Barr is having second thoughts about the awful things he did in office.

Credit for moving the public discussion closer to reality is one thing, but no one should think that Barr is having second thoughts about the awful things he did in office. To the contrary, Barrs recent trashing of Trump in a manner likely to greatly impair his presidential prospects makes perfect sense when one understands the driving convictions and objectives that have guided him throughout his adult life.

In todays Bulwark, Cathy Young writes about a recent PEN symposium:

Obviously, most writers working in liberal democracies in 2022 are not in danger of being sentenced to death in absentia for their writings, or of being confronted by a fanatical and armed would-be enforcer of that sentence. (A Twitter death threat is not quite the same thing.) And yet the theme of free expression in jeopardy, not just in dictatorships but here in the United States, dominated the discussion. In her introductory remarks, Nossel noted that PEN America was committed to resisting encroachments on speech from both right and left, be they attempts to remove unwelcome books (particularly ones with LGBT themes) from school libraries or pressure to restrict free speech on college campuses.

This political evenhandedness was evident through the evening. The so-called library wars, which sometimes include actual and disturbing harassment from the right as well as illiberal legislative action, were repeatedly and duly noted; Ayad Akhtar even asserted that we are in the midst of the most significant repression of free speech by American legislatures in his lifetime. And yet all in all, perhaps more attention was paidat an unquestionably left-of-center gathering before a liberal New York audienceto the dangers of zealotry on the social justice- and identity-focused left.

Sounds reasonable and not at all batshit crazy.

Meanwhile, in Georgia:

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Did DeSantis Really Think This Through? - by Charlie Sykes - The Bulwark

TECHPRECISION CORP : Entry into a Material Definitive Agreement, Change in Directors or Principal Officers, Submission of Matters to a Vote of…

Item 1.01 Entry into a Material Definitive Agreement

As previously disclosed, on August 25, 2021, Ranor, Inc. ("Ranor"), a whollyowned subsidiary of TechPrecision Corporation (the "Company"), along withcertain affiliates of the Company, entered into that certain Amended andRestated Loan Agreement (the "Amended and Restated Loan Agreement") withBerkshire Bank under which, among other things, Berkshire Bank continued a termloan made to Ranor in the original principal amount of $2,850,000 (the "RanorTerm Loan"). Under the Amended and Restated Loan Agreement and related loandocuments, the Ranor Term Loan had a maturity date of December 20, 2021. Aspreviously disclosed on December 20, 2021, March 21, 2022 and June 23, 2022,Ranor and certain affiliates of the Company entered into successive amendmentsto the Amended and Restated Loan Agreement extending the maturity date of theRanor Term Loan, ultimately to September 16 2022. On September 15, 2022, Ranorand certain affiliates of the Company entered into a Fourth Amendment to Amendedand Restated Loan Agreement and Fourth Amendment to Promissory Note (the"Amendment") to further extend the maturity date of the Ranor Term Loan toDecember 15, 2022.

Other than in respect of the Amended and Restated Loan Agreement, the promissorynotes made thereunder, the related security and guaranty documents and thepreviously disclosed past borrowing relationship, there is no materialrelationship between Ranor, the Company and the other affiliates of the Companyparty thereto, on the one hand, and Berkshire Bank, on the other hand. Thedescription of the Amendment is qualified in its entirety by reference to thefull text of the Amendment, a copy of which is attached hereto as Exhibit 10.1and is incorporated by reference herein.

Item 5.02 Departure of Directors or Certain Officers; Election of Directors;

On September 15, 2022, the Board of Directors (the "Board") of the Companyapproved an increase in the size of the Board from four directors to fivedirectors and appointed Alexander Shen to fill the newly-created directorship,effective on the same date. Mr. Shen is expected to be nominated for reelectionby the stockholders at the Company's 2023 Annual Meeting of Stockholders. Mr.Shen has not been appointed to any committees of the Board.

Mr. Shen has served in his current role as the Chief Executive Officer of theCompany since 2014. Mr. Shen will not receive any additional compensation forservice as a member of the Board.

There are no arrangements or understandings between Mr. Shen and any otherpersons pursuant to which he was elected as a director of the Company. There areno family relationships between Mr. Shen and any other director or executiveofficer of the Company and the Company is not aware of any transaction, orproposed transaction, required to be disclosed pursuant to Item 404(a) ofRegulation S-K promulgated by the Securities and Exchange Commission.

Item 5.07 Submission of Matters to a Vote of Security Holders.

On September 14, 2022, the Company held its 2022 Annual Meeting of Stockholders(the "Annual Meeting"). A total of 34,307,450 shares of the Company's commonstock were entitled to vote as of July 22, 2022, the record date for the AnnualMeeting, of which 26,146,497 were present in person or by proxy at the AnnualMeeting. The final results for each of the matters submitted to a vote ofstockholders at the Annual Meeting are as follows:

Proposal No. 1: All of the nominees for director listed below were elected toserve for a one-year term expiring on the date of the Company's 2023 AnnualMeeting of Stockholders (and until their successors are duly elected andqualified) by the votes set forth in the table below:

Proposal No. 2: The selection of Marcum LLP as the Company's independentregistered public accounting firm for the fiscal year ending on March 31, 2023was ratified by the Company's stockholders by the votes set forth in the tablebelow:

Proposal No. 3: The Company's stockholders voted upon and approved an amendmentto the Company's certificate of incorporation to (i) effect a reverse stocksplit of the Company's common stock at an exchange ratio between 1-for-2 and1-for-5, such ratio to be determined by the Company's board of directors, at anytime prior to March 31, 2023, the implementation and timing of which shall besubject to the discretion of the Company's board of directors and (ii) if andwhen the reverse stock split is effected, reduce the number of authorized sharesof the Company's common stock from 90,000,000 to 50,000,000:

Proposal No. 4: The compensation of the Company's Named Executive Officers asdisclosed in the Company's Proxy Statement dated August 12, 2022 was approved bythe Company's stockholders on an advisory, non-binding basis by the votes setforth in the table below:

Proposal No. 5. The frequency of holding future advisory votes on thecompensation of the Company's Named Executive Officers was approved by theCompany's stockholders on an advisory, non-binding basis by the votes set forthin the table below:

The board of directors of the Company, has determined, in light of andconsistent with the advisory vote of the Company's stockholders as to thepreferred frequency of stockholder advisory votes on the compensation of theCompany's Named Executive Officers, to include a stockholder advisory vote onthe compensation of the Company's Named Executive Officers in its annual meetingproxy materials every year until the next advisory vote on the frequency ofstockholder votes on the compensation of the Company's Named Executive Officers.

Item 9.01 Financial Statements and Exhibits

Edgar Online, source Glimpses

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TECHPRECISION CORP : Entry into a Material Definitive Agreement, Change in Directors or Principal Officers, Submission of Matters to a Vote of...

Is It Illegal To Flip Off A Cop in Maine? – 92moose.fm

Okay, sometimes we don't think before we do and this is one of those circumstances. Flipping anyone off is an insult and I don't think in any culture it is a term of endearment. But many people do it because they are unable to use their words.

In my opinion, these occurrences mostly take place when you're driving. If someone cuts you off, sometimes the fingers just fold in, leaving the middle straight up on its own.

But what if the person you are flipping off is a police officer? My mind automatically goes to hand cuffs and a striped jumpsuit if you flip off a cop, however, you are protected.

According to Car and Driver,a woman that was given a citation flipped off a cop while he was driving away.

The article says,

he pulled her over a second time before she could even make it 100 yards away, according to her original complaint filed in Detroit's U.S. District Court in April 2018. Minard upgraded the ticket to a moving violation and Cruise-Gulyas drove away again, this time without flipping off Minard. She later sued Minard, alleging violations of her First Amendment right to free speech and her Fourth Amendment right against unreasonable search and seizure.

The cop should not of pulled her over a second time for giving him a finger or upgrading her ticket. The lady that was pulled over did not dispute the facts and stood by her freedom of speech.

The article goes on to say,

In essence, it was illegal for Minard to pull her over the second time because "fits of rudeness" aren't illegal or "grounds for a seizure," according to the opinion by circuit judge Jeffrey Sutton. A middle finger, no matter how obscene, qualifies as free speech.

There wasn't any other reason Minard pulled her over, as court documents confirm, which implies it was illegal to make the second traffic stop and detain her on the roadside. Hooray, fingers and freedom!

We have learned today ladies and gentle-dudes that it is in fact, legal to flip off a police officer due to our First Amendment rights.

But I would suggest not doing so, because we should live in a kind world.

As I am searching for unique items for my new house, I found these outrageous and peculiar items for sale on Craigslist in New England and had to share them with you!

When you're having a craving for chicken tenders you don't want to upset your stomach, so I am here to help you feed that need with the best chicken tender spots in Maine!

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Is It Illegal To Flip Off A Cop in Maine? - 92moose.fm

Illinois law enforcement overwhelmingly opposed to cashless bail – The Highland County Press

By Andrew HenselThe Center Squarehttps://www.thecentersquare.com/

Members of Illinois' law enforcement community are united against a new law taking effect Jan. 1 that eliminates cash bail under most circumstances.

At a town hall meeting last week, the Illinois Freedom Caucus focused on what the SAFE-T Act does, what it means for Illinois communities, and what citizens can do to repeal it.

Several Republican Illinois lawmakers, law enforcement officers and states' attorneys from across the state as well as county judges participated.

Macon County State's Attorney Scott Rueter said that under the SAFE T Act, many criminals, including violent offenders, would not be put people in jail while they await trial.

"One of the main things in the law is that you can only be detained for offenses in which if you are convicted, you have to go to prison," Rueter said. "Things like first-time arson and first-time burglary are not detainable offenses under the act."

Gov. J.B. Pritzker signed the bill into law last year. It will abolish cash bail on Jan. 1, making Illinois the first state in the country to do so. The bill also includes a provision that will allow most people charged with crimes, including some violent felonies, to be released without posting bail.

For violent offenders, prosecutors will have to submit a request for detention and persuade a judge that the offender poses a threat to public safety. The state also is required to provide each suspect a hearing within 48 hours to determine if the suspect should be released.

State Rep. and IFC member Blaine Wilhour said the act would result in officials having to make quick decisions on what to do with alleged criminals.

"This is going to lead to people having to make snap judgments on these matters and make snap judgments on whether somebody, in legal terms, is a threat to their community." Wilhour said.

Pritzker's team did not return a request for comment.

Under the law, many non-violent offenders cannot even be taken into custody, law enforcement officials argue.

Effingham Country Sheriff Paul Kuhns said the consequences for law enforcement making the wrong decision could impact how their jobs are done.

"I know something my officers worry about is if you take someone into custody unlawfully, then you're dealing with a Fourth Amendment violation," Kuhns said. "That's scary. That is not something we want to be involved in."

State Rep. Adam Neimerg told The Center Square that the majority of Illinois residents oppose the measure.

"When you look at the radical left and what they have done to the state of Illinois, a majority of Illinoisans are against it and we are seeing that with the SAFE T Act," Neimerg said.

The law goes into effect on Jan 1. 2023.

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Illinois law enforcement overwhelmingly opposed to cashless bail - The Highland County Press

IBBI move on part sale of stressed firms to boost recovery: Analysts – The Financial Express

The insolvency regulators latest stipulation on the part sale of toxic assets in select cases will help resolve stress faster, possibly leading to better recovery for lenders, analysts said.

The Insolvency and Bankruptcy Board of India (IBBI) has allowed administrators and creditors of stressed firms to invite bids for individual assets of the company if they dont receive any resolution plan for the entity as a whole in the first instance. It has also provided for firming up a strategy for the marketing of stressed assets to a wider and targeted pool of potential suitors.

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Recovery for financial creditors from the resolution of toxic assets has remained far below par in recent quarters. It stood at just 10.7% of their admitted claims in the June quarter, having barely improved from a record low of 10.2% between January and March.

The regulator has also allowed a longer time-frame for the asset to be in the market, as the invitation for expression of interest has now been advanced to the 60th day from the insolvency commencement date.

In a bid to reduce delay, often blamed for the erosion of the value of stressed assets and consequent poor recovery, the IBBI has enabled creditors to examine whether they want to explore the option of compromise or arrangement a restructure option under the Companies Act. In such cases, they can seek this option from the tribunal while applying for a liquidation order.

Yogendra Aldak, partner at Lakshmikumaran and Sridharan Attorneys, said the IBBIs fourth amendment regulation will enable prospective resolution applicant to make reasoned decision while submitting resolution plan as all such information will be easily available without investing much time and efforts. He added: Further, importance is given on value maximisation by allowing resolution professional and committee of creditors to invite resolution plans for second time

Anoop Rawat, partner (Insolvency & Bankruptcy) at Shardul Amarchand Mangaldas & Co, said,

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The provision for improvement of quality of information memorandum is a step towards giving greater visibility of the standing and status of corporate debtor. Further, the amendments have also relaxed the timeline for preparation of the information memorandum. This will ensure better information symmetry in the market by enhancing both quality and depth of information collated by the resolution professional (RP) in the additional 40 days provided to him, Rawat said.

Jyoti Prakash Gadia, managing director at Resurgent India, said, the amendments will facilitate and widen the market for attracting new investors, depending on nature and utility of the assets offered under the resolution process.

The time lines for various stages of the processes involved have also been rationalised. This is a step in the right direction, keeping in view the need to take a comprehensive view of each transaction, Gadia said.

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IBBI move on part sale of stressed firms to boost recovery: Analysts - The Financial Express