Archive for March, 2017

Morning Agenda: Uber Executive Invokes Fifth Amendment – New York Times


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Morning Agenda: Uber Executive Invokes Fifth Amendment
New York Times
Anthony Levandowski, the head of Uber's self-driving unit who is accused of stealing technology from his former employer Google, is citing his Fifth Amendment right against self-incrimination, according to his lawyers. Why? Because there is potential ...
Uber exec invokes the Fifth Amendment in Google patent squabbleBGR
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Morning Agenda: Uber Executive Invokes Fifth Amendment - New York Times

Would the Fifth Amendment stop Trump’s Mexico wall? – Constitution Daily (blog)

Funding for Donald Trumps Mexico border wall will be front and center in next months budget debate, but there could be a broader constitution barrier staying in the way of the projects long-term completion.

There has been more media and academic discussion in the past few weeks about the feasibility of the U.S. government acquiring the land needed to build a wall, of any size, that extends over 1,300 additional miles between the United States and Mexico, not including land that doesnt already have walls or natural barriers.

Overall, the Trump wall project would stretch about 2,000 miles, including existing fences and barrier built in past years. According to a GAO report from 2015, about one-third of that land belongs to the federal government and tribal authorities. The other two-thirds of that land, mostly in Texas, belongs to state and private owners.

The Fifth Amendments Takings Clause would allow the federal government to claim the land for public use, provided it pays a fair price for the land as just compensation. Few experts dispute the Trump administrations ability to buy the land. However, the eminent domain process can be a long, expensive process for even the smallest pieces of land.

The often-cited example in this case is the legal battle involving Eloisa Tamez. About eight years ago, the Bush administration started a program to build more than 600 miles of fencing on the California, New Mexico, Texas, and Arizona borders, and it wanted one acre of Tamezs land in Texas. She went to court and after seven years of litigation, Tamez received $56,000 for a quarter-acre of land along with a security code for the fence.

Randal John Meyer from the Cato Institute wrote about these potential issues back in 2016 when Trump became the apparent Republican nominee, riding a wave of publicity about the wall.

The Great Wall of Trump would mean hundreds, if not thousands, of Tamezes, Meyer said. Citing GAO records, Meyer said it took about a decade to settle all the eminent domain lawsuits involved in the Bush-era fence plan, with about 500 homeowners affected in the plan to put barriers on 700 miles of land - and the federal government owned much of the land used in that project.

The Trump administration wall project is the opposite, Meyer said, since it involves at least 1,000 miles of land that will host a much-bigger wall, and most of that land, especially in Texas, isnt owned by the federal government.

A more recent article by University of Pittsburgh Law School law professor Gerald S. Dickinson gets into specifics about the current wall project. In trying to take land for the wall, the federal government would be held to time-consuming procedures that include consultation and negotiation with the affected parties including private landowners, tribes, and state and local governments before taking any action, Dickinson said.

And then theres the issue of taking property from Native American nations. The members of the Tohono Oodham Nation own 62 miles of border land in Texas, but they also have cultural roots in Mexico. The Supreme Court has ruled that the federal government must take tribal interests into account in these situations. Trump would need a bill from Congress to acquire the tribal lands, which are protected by treaties and other statutory equivalents, Dickinson said.

The end results could be a series of court fights that extend beyond the term of any Trump administration. Any federal eminent domain action on such a large scale against evena few landowners could triggerdecades of court disputesbefore anything is built, Dickinson concluded.

President Trumps proposed budget includes expenses for 20 attorneys to litigate eminent domain problems related to the wall. The lawyers are needed to pursue federal efforts to obtain land and holdings necessary to secure the Southwest border.

Alan Ackerman, an eminent-domain lawyer in Michigan, told The Wall Street Journal that the Trump administration could use a legal tactic by filing large groups of cases. Federal judges have appointed commissioners to oversee disputes over land compensation for very large projects, Ackerman told the Journal.

Scott Bomboy is the editor in chief of the National Constitution Center.

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Would the Fifth Amendment stop Trump's Mexico wall? - Constitution Daily (blog)

Erdogan: Turkey may hold Brexit-style referendum on EU …

Turkish President Recep Tayyip Erdogan has announced plans to hold a Brexit-like referendum on whether Ankara should carry on with a process to join the European Union, amid strained relations with its western partners.

READ MORE: Red line must not be crossed: Germanys top judge on Ankara Nazi taunts

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A new vote on the EU accession bid might be organized in Turkey after the April 16 constitutional referendum, which could give Erdogan new powers, the Turkish president announced Saturday.

Speaking at a Turkish-British forum in Turkey, Erdogan said Ankara might review its ties with the bloc, just as the UK did.

"You [Britain] have made a decision with Brexit... We have a referendum on April 16. After this, we may hold a Brexit-like referendum on the [EU] negotiations. No matter what our nation decides, we will obey it," Erdogan said, as quoted by Turkish Anadolu news agency.

He also harshly criticized a rally in Switzerland on Saturday where hundreds of pro-Kurdish supporters gathered in front of the Swiss parliament, carrying anti-Erdogan banners. The Turkish president warned that Europe's "bad manners" were testing his patience.

"It must be known that there is a limit to [Turkey's] patience with the attitude that European countries show us," Erdogan said.

Erdogans comments came a day after he vowed to review his country's political and administrative ties with the bloc, including a deal to curb illegal migration, as reported by Reuters.

READ MORE: You call me dictator, I will keep up Nazi taunts Erdogan

Erdogan has also previously hinted Ankara may reevaluate its relations with the EU if a constitutional referendum granting him additional powers passes on April 16. He said he would have more leverage when negotiating with Brussels on Turkeys accession to the EU, warning that "it will be a different Turkey" then.

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Turkeys bid to join the EU has been stalled for decades, but the ongoing migrant crisis in Europe saw the 28-country bloc strike a deal with Ankara that included promises of visa-free travel for Turkish citizens and the acceleration of Turkeys EU bid. However, while Turkey insisted it has been keeping its side of the deal, stemming the refugee flow from Syria, it pointed out that the EU was not living up to its promises, leading to increasingly disgruntled and threatening rhetoric from Ankara.

The EU demands that Ankara must first meet a list of conditions before the visa-free regime or any further integration can be enacted. The bloc has been critical of the human rights situation in Turkey, which further deteriorated after the failed July 2016 coup. The suppressed coup attempt was followed by tens of thousands of people, ranging from soldiers to teachers, being arrested or fired from their jobs.

Ankara, however, has repeatedly rejected the EUs lecturing on human rights, in turn accusing Europe of violating the rights of Turks, such as in the case of the recent diplomatic spat over pro-Erdogan rallies canceled or prevented in Europe.

FOLLOW TREND: Turkey in political spat with EU countries over referendum rallies

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Erdogan: Turkey may hold Brexit-style referendum on EU ...

Turkey’s Erdogan Threatens a Breakup With the E.U.

A "Yes" campaign billboard showing President Recep Tayyip Erdogan in Istanbul on March 29, 2017. Turkey holds a referendum on constitutional amendments on April 16.Chris McGrathGetty Images

Turkey's President Recep Tayyip Erdogan is running out of insults. The Germans, he insists, are "Nazis" and the Dutch are "fascists," all because they blocked Turkish officials from campaigning in their countries for Turkey's upcoming referendum. More than 2 million Turks living in Europe are eligible to participate in the April 16 ballot that will determine whether Turkey should move from a parliamentary to a presidential system, giving Erdogan more power. Austria and Switzerland have also blocked Turkish rallies, angering Erdogan.

The E.U. has responded with caution to Erdogan's attacks, but its leaders might well find it ironic that these slights come from a man who rules under an extended state of emergency. More than 40,000 Turks have been arrested in response to the failed coup attempt in July 2016, and Turkey has become the world's biggest jailer of journalists as Erdogan cracks down on dissent.

Yet the E.U. continues to maintain the fiction that Turkey might one day gain membership to its club. To join, a would-be member must meet requirements in 35 areas, known as chapters. A unanimous vote of every E.U. leader is needed to open a chapter, and another to close it. In almost 18 years of formal candidacy, Turkey and the E.U. have opened 14 chapters. Just one has been closed.

If Turkey became a member, the E.U.'s borders would extend to Syria, Iraq and Iran. It's not hard to see why European voters wouldn't want that. Turkish membership would also allow 80 million Muslims to move freely across E.U. borders. That's hardly the direction European politics is headed.

Nevertheless, talks continue. E.U. officials say they want to encourage reform in Turkey, but there's little chance that Germany, France, Austria or Greece will allow it to join the bloc in the foreseeable future. Knowing this, Erdogan has moved Turkey toward a more autocratic kind of reform. Now the President, eager to impress Turkish voters with his defiance against a perceived global elite, is threatening to break off political ties with the bloc, and possibly abandon the E.U. bid altogether.

That should worry Europe, which has much invested in keeping the status quo. The E.U. is currently paying Turkey large sums to house Middle Eastern migrants rather than passing them along to Europe, with promises of more rapid accession to sweeten the deal.

But the charade that Turkey will one day join the E.U. is becoming increasingly transparent, with populist Islamophobes making inroads across the Continent. Europe's willingness to play this cynical game threatens to isolate further a country that E.U. leaders once hoped to reform.

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Turkey's Erdogan Threatens a Breakup With the E.U.

Turkey set for close vote on boosting Erdogan’s powers, polls … – Reuters

By Ercan Gurses and Humeyra Pamuk | ANKARA/ISTANBUL

ANKARA/ISTANBUL Less than three weeks before Turkey votes on sweeping new powers sought by President Tayyip Erdogan, opinion polls suggest a tight race in a referendum that could bring the biggest change to the system of governance in the country's modern history.

Two senior officials from the ruling AK Party told Reuters that research it commissioned had put support for "yes" at 52 percent in early March, down from 55-56 percent a month earlier, though they expected a row with Europe in recent weeks to have fired up nationalists and bolstered their camp.

Turks will vote on April 16 on constitutional changes which would replace their parliamentary system with an executive presidency, a change Erdogan says is needed to avoid the fragile coalition governments of the past and to give Turkey stability as it faces numerous security challenges.

Publicly-available polls paint a mixed picture in a race that has sharply divided the country, with Erdogan's faithful seeing a chance to cement his place as modern Turkey's most important leader, and his opponents fearing one-man rule.

A survey on Wednesday by pollster ORC, seen as close to the government, put "yes" on 55.4 percent in research carried out between March 24-27 across almost half of Turkey's 81 provinces.

By contrast, Murat Gezici, whose Gezici polling company tends to show stronger support for the opposition, told Reuters none of the 16 polls his firm had carried out over the past eight months had put the "yes" vote ahead. He expected a "no" victory of between 51-53 percent, based on his latest numbers.

None of the polls suggest the 60 percent level of support which officials in Ankara say Erdogan wants.

"Right now we have not seen a result in our polls that did not show the 'yes' vote ahead. But we want the constitutional reform to be approved with a high percentage for wider social consensus," said AKP spokesman Yasin Aktay.

The wide disparity of the poll results is partly due to the political sympathies of Turkey's polling companies.

But it also reflects a sense that a section of the public remains undecided, including some AKP loyalists uncomfortable with too much power being concentrated in Erdogan's hands.

Prime Minister Binali Yildirim held a meeting last week with former AKP ministers and officials, seeking to shore up wider support for the "Yes" campaign.

But former prime minister Ahmet Davutoglu and former president Abdullah Gul, both high-profile members of the AKP who fell out with Erdogan, did not show up and were also absent from the AKP's campaign launch in late February.

"NO EARLY ELECTION"

Erdogan assumed the presidency, currently a largely ceremonial position, in 2014 after more than a decade as prime minister with the AKP, which he co-founded. Since then, pushing his powers to the limit, he has continued to dominate politics by dint of his personal popularity and forceful personality.

Critics accuse him of increasing authoritarianism with the arrests and dismissal of tens of thousands of judges, police, military officers, journalists and academics since a failed military coup in July.

With the constitutional overhaul, the president would be able to retain ties to a political party, potentially allowing Erdogan to resume his leadership of the AKP, a move that opposition parties say would wreck any chance of impartiality.

Abdulkadir Selvi, a pro-government columnist in the Hurriyet newspaper, said the latest numbers presented to the AKP headquarters showed the lead for the "yes" campaign widening, boosted partly by Erdogan's row with Europe.

Bans on some campaign rallies by Turkish officials in Germany and the Netherlands have prompted Erdogan to accuse European leaders of "Nazi methods".

"The stance of the Netherlands and Germany is expected to motivate nationalist voters at home and abroad and add 1-1.5 percentage points to the 'yes' vote," Selvi wrote on Thursday.

The constitutional changes envisage presidential and parliamentary elections being held together in 2019, with a president eligible to then serve a maximum of two five-year terms. Those elections could be called early if Erdogan wins the referendum, enabling him to assume full executive powers sooner.

But AKP officials said such a move was unlikely, citing concern that a slowing economy could weaken their parliamentary majority and pointing to voter fatigue after four elections in the past three years.

"Whether there is a 'Yes' or 'No' vote in the referendum, leaving this parliamentary majority to have another election does not make sense for us," a senior AKP official said.

(Additional reporting by Orhan Coskun in Ankara, Daren Butler in Istanbul; Writing by Nick Tattersall; Editing by Gareth Jones)

BEIJING/WASHINGTON Beijing sought to play down tensions with the United States and put on a positive face on Friday as the U.S. administration slammed China on a range of business issues ahead of President Xi Jinping's first meeting with President Donald Trump.

ASUNCION Violent protests erupted in Paraguay's capital on Friday as the South American country appeared headed for a constitutional crisis after a group of senators voted behind closed doors for a bill that would allow President Horacio Cartes to run for re-election.

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Turkey set for close vote on boosting Erdogan's powers, polls ... - Reuters