Archive for the ‘Fifth Amendment’ Category

Not All Foreign-Influence Scandals Are Created Equal – National Review

This summer we mark the 20th anniversary of a major investigation by Congress of attempts by a hostile foreign power to influence an American presidential election.

Im glad the news media is pursuing the TrumpRussia scandal, but lets not forget the differences between how they are covering Russia compared with how they reported a similar story this one involving Communist China that developed during Bill Clintons 1996 reelection campaign. The Washington Post reported in 1998 that evidence gathered in federal surveillance intercepts has indicated that the Chinese government planned to increase Chinas influence in the U.S. political process in 1996.

Many people still believe that a major cover-up of that scandal worked in part because the media expressed skepticism and devoted only a fraction of resources they are spending on the TrumpRussia story. Network reporters expressed outright skepticism of the story, with many openly criticizing the late senator Fred Thompson, the chair of the Senate investigating committee, for wasting time and money. On June 17, 1997, Katie Couric, then the Today co-anchor, asked the Washington Posts Bob Woodward about the story: Are members of the media, do you think, Bob, too scandal-obsessed, looking for something at every corner?

According to an analysis by the Media Research Center, the news coverage of the congressional hearings on the China scandal in the summer of 1997 were dwarfed by reports on the murder of fashion designer Gianni Versace and the death of Princess Diana.

The Chinese fundraising scandal involving DNC finance vice chairman John Huang first came to light in the final weeks of the 1996 presidential campaign. A former Commerce Department official, Huang was a top fundraiser who scooped up suspect foreign cash for Team Clinton.

A 1998 Senate Government Affairs Committee report on the scandal found strong circumstantial evidence that a great deal of foreign money had illegally entered the country in an attempt to influence the 1996 election. The DNC was forced to give back more than $2.8 million in illegal or improper donations from foreign nationals.

The most suspect funds were brought in by Johnny Chung, a bagman for the Asian billionaire Riady family. Chung confessed that at least $35,000 of his donations to the Clinton campaign and the DNC had come from a Chinese aerospace executive a lieutenant colonel in the Chinese military. Chung said the executive had helped him meet three times with General Ji Shengde, the head of Chinese military intelligence. According to Chungs testimony, General Shengde had told him: We really like your president. We hope he will be reelected. I will give you $300,000 U.S. dollars. You can give it to...your president and the Democratic party.

The sprawling fundraising scandal ultimately led to 22 guilty pleas on various violations of election laws. Among the Clinton fundraisers and friends who pleaded guilty were John Huang, Charlie Trie, James Riady, and Michael Brown, son of the late Clinton Commerce secretary Ron Brown. But many questions went unanswered, even after the revelations that Clinton had personally authorized offering donors Oval Office meetings and use of the Lincoln bedroom. A total of 120 participants in the fundraising scandal either fled the country, asserted their Fifth Amendment privilege against self-incrimination, or otherwise avoided questioning. The stonewalling worked and probably encouraged Hillary Clinton in her own cover-up of her private e-mail server and her ties with the Clinton Foundation.

Indeed, much of the media basically gave the Clintons a pass on evidence that special-interest donors to the Clinton Foundation frequently managed to score favors from the State Department. Journalist Peter Schweitzer revealed in his book Clinton Cash that State had helped move along an infamous deal that granted the Russians control of more than 20 percent of the uranium production here in the United States. The company involved in acquiring the American uranium was a very large donor to you guessed it the Clinton Foundation.

None of this history should dissuade the media from questioning the White Houses often shifting and blatantly inaccurate accounts of what happened and who was involved and when. Either the presidents team is infected with a self-destructive gene or they really do have something to hide.

But a little humility and honesty on the part of the media would be appropriate. Much of the breathless and constant coverage of the Russia scandal is motivated by the medias hatred of Donald Trump, which is of course reciprocated.

When it came to the Clintons, the media tended to downplay or even trivialize many of their scandals. But, to be fair, a little bit of self-awareness is beginning to show up in the Russia coverage. Last Thursday, Mika Brzezinski of MSNBC noted that when it came to opening the door to lowering the standards of conduct by a modern president, Bill Clinton led the way with his lying and scandalous behavior. She was referring, of course, to the Lewinsky scandal, but her comments are equally appropriate to the many other Clinton scandals that didnt receive wall-to-wall coverage.

READ MORE: With Trump, the Benefit of the Doubt Is Gone 16 Things You Have to Believe to Buy the Witch Hunt Russia Narrative Anti-Trump Overreach Could Backfire

John Fund is NROs national-affairs correspondent.

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Not All Foreign-Influence Scandals Are Created Equal - National Review

Chad Seybold’s bid for Fifth fought – Chronicle-Tribune

The City of Marion is objecting to Chad Seybolds motion to plead protection against self-incrimination under the Fifth Amendment in a civil lawsuit alleging fraud against Michael An and his companies.

The city filed a brief Friday afternoon in Grant County Superior Court I detailing its opposition, which largely argues that Seybolds request does not meet the legal requirements for the Fifth to be used correctly in this lawsuit.

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Chad Seybold's bid for Fifth fought - Chronicle-Tribune

Judge Duebbert spends five minutes before grand jury – Belleville News-Democrat


Belleville News-Democrat
Judge Duebbert spends five minutes before grand jury
Belleville News-Democrat
Fultz and Duebbert declined to say whether Duebbert took the Fifth Amendment. The Major Case Squad had asked for obstruction of justice charges against Duebbert after Fields was charged with Silas' murder. State's Attorney Brendan Kelly asked for a ...

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Judge Duebbert spends five minutes before grand jury - Belleville News-Democrat

The Tell-Tale Heart – Lawfare (blog)

The Internet of Things is a marvel.Cars, medical devices, homes, refrigeratorsall of them now come with silicon chips and data collection, analysis and sharing capabilities. For the most part the enhancements in efficiency, connectivity and cost-reduction make the use of IoT a no-brainer.But lurking in the background are a host of unaddressed issues of cybersecurity, civil liberties, transparency, accountability, and privacy.Today's story of the Tell-Tale Heart lies at the intersection of technology, privacy and criminal law.

According to CNet, Ross Compton's house caught on fire.Notwithstanding his protestations, the authorities came to believe that the fire might have been caused by arson and that Compton had set the fire to collect on the insurancce. So far, a fairly standard case and, presumably (the story does not say) the investigation proceded on normal lines (e.g. looking for accelerants as evidence of arson). Then it took a turn.

You see, Compton has a heart pacemakerone that records data about heart rythms and the like. Compton had told the police that he was awakened from sleep by the start of the fireand an enterprising prosecutor in Butler County Ohio got to thinking that the data from Compton's pacemaker might rebut that claim.They obtained a warrant for the data from Compton's pacemaker. (It is not clear from the various storiessee, here, here, and hereexactly how the evidence was collected, that is whether it was from Compton himself or from his doctor and whether the process served was actually a warrant based on probable cause or a grand jury subpoena.)Using that data, the prosecutor then proffered the testimony from a cardiologist that the information he had reviewed was not consistent with Compton's story. The news of the day is that Compton's motion to supress has been denied and that his trial is scheduled for later this year.

To begin with, it seems to me that the judge's ruling is likely canoncially correct under existing law.Assuming that a warrant was issued based on probable cause, the Fourth Amendment objections seem to lose force.And it has long been the law that a defendant does not have a Fifth Amendment privilege against providing physical evidence that might implicate him in a crime.The Amendment is limited, under Supreme Court doctrine, to compelled testimony. The seminal case on these points, involving blood alcohol, is Schmerber v. California.

This seems, however, to be another instance in which technological development is outstripping the law. Consider the implications of a rule in which the IoT is generally a source of evidence for criminal investigations (or civil suits):

This is a big deal

If data in medical tech can

IoT may stand for: Internet of TremendousEvidenceGoldmine https://t.co/7M8pKnhoNs

Josh Corman (@joshcorman) July 13, 2017

I am not sure what the right answer is here. After all, one can readily imagine any number of circumstances in which evidecne relevant to a crime (or a terrorist incident) might reside in an IoT device.And, at least in the traditional view, if a warrant was actually issued (again, I am not clear from the stories) then Compton's rights got the gold-standard in protection against government abuse. Yet at the same time, this transition feels like a privacy invasion of a different sort than being required to give up fingerprints or even blood. What I do know for sure is that the transition is happening in an unexamined way ... and it strikes me as clear that more thoughtful consideration would benefit everyone.

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The Tell-Tale Heart - Lawfare (blog)

Minnesota Somali family sues over detention upon return from Canada – TwinCities.com-Pioneer Press

A Minneapolis-area family is suing U.S. officials for civil rights violations after what they describe as an abusive detention in early 2015 at the Canada border.

Abdisalam Wilwal, who was allegedly held for more than 10 hours with his wife and four children at the Portal, N.D., station of U.S. Customs and Border Protection, was detained because of his placement on a terrorist watch list used by agencies of the federal government. A lawsuit filed Thursday in district court on the Wilwal familys behalf by the American Civil Liberties Union and private litigation firm Robin Kaplan LLP states Wilwal does not know why he is on such a list and does not believe there is cause.

Wilwal and his wife, Sagal Abdigani, are originally from Somalia and immigrated to the U.S. in 2000. They were both U.S. citizens when they were crossing the border to re-enter the country from Canada, where they said they had been visiting Abdiganis sister in Saskatchewan.

The complaint filed by the ACLU and Robin Kaplan asserts the detention at the border violated the Wilwal familys protection under the Administrative Procedure Act, as well as constitutional rights namely their Fourth Amendment right to be be free from unreasonable search and seizure as well as due process rights contained in the Fifth Amendment. The lawsuit names as defendants a host of high-ranking U.S. officials, including U.S. Attorney General Jeff Sessions, Homeland Security head John Kelly and FBI chief Andrew McCabe.

The complaint seeks a declaration from the court that the defendants violated the Wilwal familys rights. It also seeks an injunction preventing the defendants from arresting, seizing, searching, or interrogating (Wilwal) because of his placement on a terrorism-related watch list, as well as subjecting Wilwals family to similar treatment due to their association with him.

The lawsuit also asks the court to require the defendants to provide Wilwal with the rationale leading to his placement on a watch list and allow him an opportunity to contest that listing and be removed from it. Finally, the injunction asks the court to require the defendants to destroy information illegally gathered on the family.

Hugh Handeyside, an ACLU attorney listed on the complaint, described the watch list system in a press release as a due process disaster that accuses people while providing them with no legal recourse to deny claims of terrorist activity.

Wilwal also spoke against the system in the release.

I came to this country seeking safety and freedom, and Im proud to be an American, he said. But our own government just shouldnt be treating my family and me or anyone else this way. Its wrong.

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Minnesota Somali family sues over detention upon return from Canada - TwinCities.com-Pioneer Press