Archive for the ‘Fifth Amendment’ Category

Bo Dukes’s conviction to stand following motion for new trial – Douglas Now

Bo Dukes will carry out his 25-year sentence for concealing the death of Irwin County teacher Tara Grinstead after the Court of Appeals denied him a new trial last week.

Dukes appealed his conviction shortly after his trial in 2019, where a Wilcox County jury found him guilty on four charges, including two counts of making false statements, one count of hindering apprehension or punishment of a criminal, and one count of concealing the death of another.

In Dukes' motion, his defense counsel argued that the courts should not have allowed his confession to the GBI or statements made to those investigators into the evidence presented to the jury. The Court of Appeals, however, disagreed.

The 21-page order states, "After a jury trial, Bo Dukes was convicted on four counts. He appeals from the denial of his amended motion for a new trial, arguing that the trial court erred in admitting his confessions and in failing to merge several of his convictions during his sentence. We find no error and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence."

Dukes is incarcerated at Central State Prison in Bibb County, now in the third year of his sentence. While the Georgia Department of Corrections website reports a maximum release date of March 20, 2044, Dukes could potentially spend the rest of his life behind bars with other pending charges still lingering in the court system.

In Ben Hill County, Dukes has yet to stand trial on charges in connection to Grinstead's death, including concealing the death of another, tampering with evidence, and hindering apprehension or punishment of a criminal. The trial in Ben Hill was set to take place this summer, but was continued the week before. At this time, a new trial date has not been announced.

Dukes was also charged in two separate rape cases, one of which allegedly occurred while he was on bond in 2019. After Dukes failed to appear for a court appearance in Ben Hill County, a 5-day manhunt ensued by law enforcement all over the state of Georgia searching for his whereabouts. At the time, law enforcement reported that Dukes was wanted on charges stemming from two women claiming he sexually assaulted them on New Year's Day 2019 in Wilcox County. Dukes was said to have fled after the assault occurred, with U.S. marshals locating him in Irwin County five days later. He was taken into custody on 12 counts, including rape, aggravated sodomy (2x), kidnapping (2x), assault with a deadly weapon (2x), possession of a firearm during the commission of a felony (4x), and possession of a firearm by a convicted felon.

Just ten months later, Dukes was indicted on similar charges from a reported sexual assault in Houston County that occurred in 2017. Prosecutors in Houston County presented evidence of the case to a grand jury in October 2019, with them returning a true bill on all charges.

According to that indictment, Dukes is accused of raping a woman on January 19, 2017, around a month before he was charged in connection to the Grinstead case. The victim reported that Dukes forced her to "perform oral sex on him at knife-point."

Dukes appeared in the trial of Ryan Duke earlier this year, where he pleaded to the fifth amendment and refused to answer questions from Ryan Duke's defense counsel. However, Ryan Duke, although found guilty of concealing Grinstead's death, was acquitted of her murder after he told the jury that Bo Dukes was the one responsible for her death. According to Ryan's testimony, Dukes confessed to killing Grinstead and asked for his assistance in concealing her body.

Although Dukes' pending charges related to Tara Grinstead could add 25 years to his sentence, if he is found guilty in both rape cases, he will spend the rest of his life in prison.

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Bo Dukes's conviction to stand following motion for new trial - Douglas Now

Michael Flynn: From Government Insider to Holy Warrior – PBS

BATAVIA, N.Y. The crowd swayed on its feet, arms pumping, the beat of Twisted Sisters Were Not Gonna Take It thumping in their chests. The people under the revival tent hooted as Michael Flynn strode across the stage, bopping and laughing, singing the refrain into his microphone and encouraging the audience to sing along to the transgressive rock anthem.

Well fight the powers that be just/Dont pick our destiny cause/You dont know us, you dont belong!

The emcee introduced him as Americas General, but to those in the audience, Flynn is far more than that: martyr, hero, leader, patriot, warrior.

The retired lieutenant general, former national security adviser, onetime anti-terrorism fighter, is now focused on his next task: building a movement centered on Christian nationalist ideas, where Christianity is at the center of American life and institutions.

Flynn brought his fight a struggle he calls both spiritual and political last month to a church in Batavia, New York, where thousands of people paid anywhere from a few dollars to up to $500 to hear and absorb his message that the United States is facing an existential threat, and that to save the nation, his supporters must act.

Flynn, 63, has used public appearances to energize voters, along with political endorsements to build alliances and a network of nonprofit groups one of which has projected spending $50 million to advance the movement, an investigation by The Associated Press and the PBS series FRONTLINE has found. He has drawn together election deniers, mask and vaccine opponents, insurrectionists, Proud Boys, and elected officials and leaders in state and local Republican parties. Along the way, the AP and FRONTLINE documented, Flynn and his companies have earned hundreds of thousands of dollars for his efforts.

This story is part of an ongoing investigation from The Associated Press and FRONTLINE that includes the upcoming documentary Michael Flynns Holy War, premiering Oct. 18 on PBS and online.

The AP and FRONTLINE spoke with more than 60 people, including Flynns family, friends, opponents, and current and former colleagues, for this story. The news organizations also reviewed campaign finance records, corporate and charity filings, social media posts and similar open-source information, and attended several public events where Flynn appeared. Reporters examined dozens of Flynns speeches, interviews and public appearances. Flynn himself sat down for a rare on-camera interview with what he calls the mainstream media.

I dont even know why Im talking to you, honestly, Flynn said as the interview got underway.

Throughout 2021 and 2022, Flynn made more than 60 in-person speeches in 24 states, according to a count by the AP and FRONTLINE. When he speaks, the former top adviser to then-President Donald Trump spreads baseless conspiracy theories, stoking fear and fueling anger and division and grievance.

Flynn is one of the most dangerous individuals in America today, said Ruth Ben-Ghiat, a historian and expert on authoritarianism and fascism who wrote the book Strongmen: Mussolini to the Present.

He is spearheading the attack on our democracy, which is coming from many quarters, and he is affiliated with many of these sectors, from the military to Christian nationalism to election denial to extremist groups, she said. All of this comes together to present a very live threat. And hes at the center.

Flynn has, with mixed success, supported like-minded candidates around the country, and has said his immediate goal is to influence this years elections. In Sarasota, Florida, where he lives, he has worked in concert with members of the extremist group the Proud Boys to influence local politics. Their favored candidates in August won control of the county school board.

Local action has a national impact is his mantra.

We need to take this country back one town at a time, one county at a time, one state at a time, if thats what it takes, he told a crowd in Salt Lake City.

Flynns advocacy of falsehoods and conspiracy theories hardly makes him unique in a fact-challenged America, but his pedigree, military career and high-powered Washington contacts set him apart. Hes retired a three-star general who less than two decades ago developed wartime strategies for countering insurgents in Iraq and Afghanistan.

His selection as Trumps first national security adviser made him the ultimate insider, giving him nominal control if only for a matter of weeks of the administrations national security strategy. When he later found himself in legal trouble on suspicion that he had lied to the FBI about his conversations with the Russian ambassador to the United States, he cooperated with the same government establishment he now crusades against.

In the weeks after the November 2020 presidential election, Flynn picked up a presidential pardon granted to forgive his guilty plea to lying to the FBI. He immediately became a chief promoter of the Stop the Steal effort and championed bogus claims about foreign interference and ballot tampering that werent supported by credible evidence. But for some voters, Flynns status as a retired general and top intelligence officer gave weight to the empty theories.

He falsely said Trump won, called the election outcome part of a coup in progress, suggested Trump should seize voting machines and said Trump could order up the military in some states and rerun the election. In December 2020 he even made his way into the Oval Office to push his ideas directly to Trump.

Called before a congressional committee investigating the Capitol insurrection of Jan. 6, 2021, Flynn refused to say whether he believed the violence was justified or even whether he believed in the peaceful transition of power. He invoked his Fifth Amendment right not to incriminate himself.

Retired Brig. Gen. Steven M. Anderson, who served with Flynn in Iraq, called Flynns ideas antithetical to core values of the American military and the nation itself.

Anderson worries that Flynn is a role model for thousands and thousands and thousands of soldiers and former soldiers, and that his ideas can empower them to take actions that hurt the country.

Weve got a retired three-star, former NSA, who says we can overthrow the election, use our military, Anderson said. The thinking goes, he said, Well, then yes, sign me up for the Proud Boys.

Flynn uses the three stars he earned in the military as his symbol, a shorthand that reminds people he came from the highest levels of the nations power structure and that suggests he has a special knowledge of how things work in the shadowy world of Washington and global affairs.

Its a crying shame that essentially he has evolved into the person he is now, said Anderson, who described his former colleague as a subservient buffoon that unfortunately has forsaken his oath of office.

Doug Wise, a former CIA and military officer who knew Flynn for decades and briefly served as Flynns deputy at the Defense Intelligence Agency, said even in the military, Flynn often pushed the envelope of what was permissible and demonstrated extreme thinking. He believes Flynn hasnt transformed, hes just become more comfortable acting on the anger that burns inside him.

I understand the reasons why he gravitated to the right wing because as his behavior and beliefs became more bizarre, I think they were very welcoming. Because who wouldnt want a highly respected Army three-star to join your group? Wise said.

I think he believed, post-government, and he was right in this that he was too well-connected to fail, Wise said. And he got pardoned.

Flynn sees conspiracies in just about every corner of American life.

Hes repeated falsehoods about Black Lives Matter and said that so-called globalists created COVID-19. He tells the tens of thousands of people who have paid to see him speak that there are 75 members of the Socialist Party in Congress, and has said the left and Democrats are trying to destroy the country. He asserts, above all else, that the United States was founded on Judeo-Christian values. The bedrock, he warns, is crumbling.

The country, Flynn often says in speeches and interviews, is in the midst of a spiritual war, and he goes after many of the institutions and ideas that stand as pillars of American democracy.

He has told audiences he doesnt trust the U.S. government or government institutions that oversee the rule of law. He called the media the No. 1 enemy and said it has done a horrible, horrible disservice to the country by just constantly lying and trying to deceive us. He says elementary schools are teaching filth and pornography. He continues to assert, ignoring all evidence to the contrary, that elections cant be trusted. He says, over and over, that some of his fellow Americans are evil.

They dress like us and they talk like us, but they dont think and act like us, he told a podcaster recently. And they definitely do not want what it is that we want.

Survey data shows many Americans believe what Flynn says that the 2020 election was stolen and have bought into COVID-19 misinformation and other conspiracy theories that he spreads, said Kristin Kobes Du Mez, a professor of history at Calvin University in Grand Rapids, Michigan, who studies the evangelical movement.

Any of these factors alone could be considered dangerous. But all of them together and the distrust it is sowing in our democracy, Du Mez said. I think its extremely dangerous in this moment.

She points to Flynns role as headliner of a multicity roadshow known as the ReAwaken America tour, an event that is a potent mix of politics, religion and commerce that has become a prime example of the Christian nationalist movement.

Flynn helped found the tour in 2021 with Clay Clark, an entrepreneur from Oklahoma who had been running business conferences before the pandemic. In his interview with the AP and FRONTLINE in February, Flynn said he considered himself a senior leader of the team thats running it.

The thread of Christian nationalism runs through many of Flynns events. At one fundraiser, a preacher prayed over him saying that America would stay a Christian nation and that Flynn was heavy armaments in the Lords quiver. At the Christian Patriots Rally at a church in Northern California, Flynn was presented with an assault-style rifle on stage. In Virginia in July, he said pastors need to be talking about the Constitution from the pulpit as much as the Bible. In Texas last November, Flynn told a crowd this is a moment in time where this is good versus evil.

If we are going to have one nation under God, which we must, we have to have one religion. One nation under God, and one religion under God, right? he said.

Christian nationalism seeks to merge the identity of Christians and Americans, so that to be a true American is to be Christian and a certain type of Christian. The ideology pushes the idea that the United States was founded on biblical principles and has a favored relationship with a Christian God, said Samuel Perry, a sociologist at the University of Oklahoma who studies conservative Christianity and politics.

It is distinct from the practice of Christianity, and Perrys research has found that many Americans who are inclined toward Christian nationalism dont go to church.

This has nothing to do with Christian orthodoxy. It has nothing to do with loving Jesus or wanting to be a good disciple or loving your neighbor or self-sacrifice or anything like that, Perry said. It has everything to do with Christian ethno-culture and specifically white Christian ethno-culture.

Flynn casts himself as a victim of the deep state who paid a steep price for supporting Trump. Besides Trump, his supporters say, no one has been persecuted more than Flynn.

Flynns rhetoric us versus them, good versus evil, the idea that God is on our side has been a staple among conservative Christians for decades, and is mainstream in conservative evangelicalism, Du Mez said.

The thinking, she said, can fuel violence.

Theyre out to get us. Therefore, we need to strike first. And the threat is always dire, Du Mez says the thinking goes. And if the threat is dire, then the ends justify the means.

These values are not unconnected from the violence that we saw on Jan. 6, she added.

(When the AP and FRONTLINE asked Flynn in February if he is ascribes to Christian nationalist views, he dodged. He first asked what the term meant, then said he was an Irish Catholic then a follower of Jesus, before criticizing the reporter: That was a stupid question to ask me, he said, because that means that you really have not studied Mike Flynn.)

Michael Flynn, former national security adviser to former President Donald Trump, speaks to attendees as he endorses New York City mayoral candidate Fernando Mateo during a campaign event on Thursday, June 3, 2021, in Staten Island, N.Y. He has, with mixed success, supported like-minded candidates around the country, and has said his immediate goal is to influence 2022s elections. (AP Photo/Eduardo Munoz Alvarez, File)

Last October, Flynn was the star attraction at the WeCANAct Liberty Conference, a gathering in Salt Lake City for Utahs Platform Republicans PAC.

The program included dozens of speakers and exhibitors talking about a grab bag of ideas and causes that have seized and panicked the right about vaccines, human trafficking, elections and the QAnon conspiracy theory.

Among the sponsors and exhibitors were the John Birch Society; businesses selling everything from texting services for political campaigns to food dehydrators; Ammon Bundys anti-government Peoples Rights group; and Americas Frontline Doctors, which has spread false information about COVID-19 and promoted unproven treatments such as ivermectin, a drug used to treat parasitic infections. State lawmakers from Arizona and Utah spoke, and members of the Utah Republican Partys governing committee were among the organizers.

The program kicked off with an invocation by a preacher who brought the crowd to its feet as he described a prophecy of a Great Awakening where Americans are going to rise up and defeat the cabal.

We are in a spiritual war, and you cant win a war without attacking, he said.

The preacher ended by leading the crowd in what he called a new version of the Lords Prayer that fits the Great Awakening. The crowd repeated after him as he said: Deliver us from the cabal, and from Satans influence. For yours is the kingdom, and the power and the glory. Forever and ever and ever. Amen.

Flynn appeared a few times throughout the day, at one point sitting in the audience. Across the Salt Palace Convention Center, people jostled their seatmates to point him out and craned their necks to see him.

That evening, he gave a meandering speech that he referred to as an ass-chewing from a general. He falsely declared once again that Trump had won the 2020 election, said our government is corrupt, and called for the FBI to be abolished, a surprising applause line in October 2021 that has now being taken up more broadly by some Republicans.

He called the left our enemies and said they are godless and soulless.

One of Flynns companies, Resilient Patriot LLC, was paid $58,000 by the conference. An AP and FRONTLINE review of state and federal campaign finance filings documented nearly $300,000 in payments to Flynn and his businesses from candidates and political action committees since 2021, for things such as speaking fees, travel, book sales and campaign consulting. (Florida congressional candidate Laura Loomer reported paying his company $1,100 in May for public relations services.)

After Flynns keynote concluded, a podcaster helping to wrap things up for the evening came onstage and called him one of the new founding fathers of this republic.

As Flynn speaks and stumps to persuade people to join his movement, he has also been busy building a network of political candidates at the federal, state and local levels.

The AP and FRONTLINE found that Flynn has endorsed 99 candidates for the 2022 election cycle. (He subsequently withdrew a handful.)

The countrys most influential Republican is paying attention. Flynns brother Joseph told an interviewer in May that during a visit the Flynns made to Trumps Mar-a-Lago estate this spring, Trump himself produced a list comparing the success of his endorsed candidates with Flynns.

At least 80% of Flynns chosen candidates have publicly spread lies or sown doubt about Trumps 2020 loss to Democrat Joe Biden, or even participated in efforts to overthrow the election, the AP and FRONTLINE found. Several have suggested they would use their power if elected to change the way elections are run and how people are allowed to cast their vote.

About two dozen were at the U.S. Capitol on Jan. 5-6, 2021.

One-third have served in the military.

At least 38 have used Christian nationalist rhetoric. Keith Self, a congressional candidate in Texas, has said hes running for Congress to defend the Judeo-Christian foundations of this nation. Christine Villaverde, a congressional candidate in North Carolina, has vowed to fight to keep America a Christian nation. Anthony Sabatini, a Florida state lawmaker who just lost a bid for Congress, recently posted on Facebook, Only when Christians stand up & get loud, will we take this country back.

Flynns support can be a sought-after prize. An AP and FRONTLINE analysis of Facebook and Instagram ad data found ads from more than 20 candidates promoting their endorsements. Jackson Lahmeyer, an Oklahoma pastor who was defeated in the Republican primary for U.S. Senate by Sen. James Lankford, mentioned Flynn in 48 Facebook and Instagram ads, more than one-quarter of his total buy on the platforms.

Pastor Leon Benjamin, a Republican candidate for Congress in Virginia who denounced homosexuality and called gay marriages illegal in an August speech, said in an interview that Flynns endorsement represents that affirmation and that understanding that weve got to have the right candidates in, and its not always popular, not always goes along with the grain.

If we keep doing the same things over and over again, thats the definition of insanity, he added. So we got to do some different things to get different results.

More than 40 of Flynns endorsements were for candidates seeking state or even local posts, the AP and FRONTLINE found. Flynn endorsed two school board contenders in Camdenton, Missouri, candidates for sheriff in Florida, Nevada and Illinois and a city council candidate in North Carolina. He endorsed candidates for the state legislature in Michigan, Ohio, Arizona, Florida, Texas and Missouri. In Arizona, Michigan, California and Colorado, he gave his approval to candidates for secretary of state, a position that typically involves the administration of elections.

A dozen gubernatorial candidates won Flynns backing, including Pennsylvanias Republican nominee, Doug Mastriano, a state lawmaker whom Flynn introduced at his campaign launch. Mastriano, a retired U.S. Army colonel, floated a plan to undo Bidens victory in his state, organized buses to the U.S. Capitol for Jan. 6 and was filmed walking past barricades and police lines that day. Mastriano has denied breaking the law and has not been charged with any crimes. Another Flynn endorsee, Dan Cox, who also organized buses for Jan. 6, won the Republican gubernatorial nomination in Maryland.

Still, Flynns endorsement doesnt guarantee a win. Josh Mandel, the Ohio U.S. Senate candidate, was defeated by JD Vance, who got a late endorsement from Trump. Some Flynn-backed candidates, including gubernatorial candidate Joey Gilbert in Nevada and Colorado secretary of state candidate Tina Peters, made baseless claims of election fraud after they lost.

Flynn and his allies have suggested he wants to get back into government, and the growing influence that flows from the network hes building may help him get there, said Ron Filipkowski, a lawyer in Sarasota and longtime Republican activist who now tracks Flynn and other far-right figures online.

Hes going to build this grassroots movement, local elected officials beholden to him, loyal to him, Filipkowski said.

Flynn has expanded his influence further through well-financed groups that advocate, among other things, changes to the way elections are run, based on the false premise that there is widespread voting fraud.

Flynn and Patrick Byrne, founder of Overstock.com, last year launched The America Project, with Flynns brother Joseph as president. The group said it planned to spend $50 million in the 2021 budget year, according to a filing with North Carolina charity regulators. But Joseph Flynn and Byrne separately told AP that it had spent tens of millions less, though each gave different totals.

While Flynn himself is not listed among its officers, he is the face of the group, and its described as General Flynn and Patrick Byrnes America Project. Byrne says Flynn is his closest adviser, telling the AP and FRONTLINE that Flynn is his Yoda and rabbi.

In April 2021, Flynn was named chairman of Americas Future, one of the countrys oldest conservative nonprofit groups. The organization was founded in 1946 and was previously led by ultra-conservative stalwarts, including Phyllis Schlafly and retired Maj. Gen. John Singlaub. Since Flynn took over, the group hired his sister, Mary ONeill, as executive director and appointed Joseph Flynn to its board of directors. The group had about $3 million in assets at the end of 2020, its most recent IRS filings show. Flynn told the AP and FRONTLINE in February that he had raised an estimated $1.7 million for Americas Future since becoming chairman.

The two groups worked in close coordination last year, together donating more than $4.2 million for a widely criticized and misinformation-driven review of the 2020 presidential election results commissioned by Arizona Republicans.

Michael Flynn, Jr., talks to people as he sits at the merchandise booth for his father, a retired three-star general who served as Trumps national security adviser, during the ReAwaken America tour at Cornerstone Church, in Batavia, N.Y., Saturday, Aug. 13, 2022. The elder Michael Flynn has drawn together election deniers, mask and vaccine opponents, insurrectionists, Proud Boys, and elected officials and leaders in state and local Republican parties. Along the way, AP and FRONTLINE documented, Flynn and his companies have earned hundreds of thousands of dollars. (AP Photo/Carolyn Kaster)

The America Project has given about $5 million to grassroots organizations around the country, Joseph Flynn said in a July appearance on an online show.

Many of the groups they support back what they call election integrity, a term often used by election deniers to justify making it more difficult to vote based on the falsehood that American elections are corrupt.

Campaign finance records show The America Project has given more than $150,000 to Conservatives for Election Integrity, a group that has supported several secretary of state candidates who have worked to undermine trust in 2020 election results.

The America Project gave $100,000 to a Colorado group, Citizens for Election Integrity, which used it for ads and text messages attacking a Republican candidate for secretary of state who ran against Flynns endorsed candidate. In Michigan, The America Project gave $100,000 in May to Secure MI Vote, which has reportedly pushed to roll back voter access.

In Georgia, they just announced theyre backing an effort to challenge voter registrations for tens of thousands of people.

Joseph Flynn said during a speech in May that The America Project also funded and advised many of what he termed audits of elections around the country, including in Georgia, Michigan and Wisconsin, though he did not give specifics.

In February, Flynn stood in a burger joint in Orlando, Florida, to announce The America Projects most public initiative, Operation Eagles Wings, the goal of which is to mobilize and train poll watchers and precinct captains, and to drive get-out-the-vote efforts.

I think every single person in this country, every American citizen, now has to pay attention to politics. You know, when people go, I dont get involved. I dont do that political stuff. Thats for the politicians. Well, thats exactly why we are here. OK? Flynn told the AP and FRONTLINE during a contentious interview. So, its something else that you wont write or speak about or itll be edited out.

As part of Operation Eagles Wings, The America Project has created affiliate groups in at least nine states. Its Florida affiliate said in a Facebook post last month its seeking America First Poll Watchers and will train organizations for free. State affiliates in Illinois and Virginia advertised trainings in July and August on grassroots social activism, poll watching and how to get out the vote. The promotions also promise to teach attendees to expose weaknesses, monitor and evaluate absentee voting and conduct investigative canvassing.

The initiative has raised alarm bells with pro-democracy advocates.

If people who tried to overturn the 2020 election, or who are fueled by election conspiracies, are trying to recruit their followers or allies to be election workers or volunteers as part of an election denial agenda, that poses real risks to fair and free elections, said Jacek Pruski, of the nonpartisan group Protect Democracy.

With his speeches, endorsements and outreach groups, Flynn has built a legion of acolytes who are listening closely to what he says and are ready to take action. They include Karen Ballash, 69, vice chair of the Summit County Republican Party in Utah, who heard Flynn speak in Salt Lake City.

I totally believe in his message. We have to be the ones who make the change, she said. If we dont do it, we wont have a country.

They include neophytes like Delainna Prettyman, who said shes just become politically engaged in the past year. That sent me deep down a rabbit hole. I dont watch any news, any TV, anything. And I do a ton of research, said Prettyman, who lives in the Salt Lake City suburbs.

She came to love Flynn, and believed everything he says.

Hes got a lot of intel and insight about everything thats going on. Of course, he cant say everything, she said. We need more people like General Flynn.

Under the tent in Batavia, the crowd thrilled to Flynns pronouncements from the stage. The general they claim as their own confirmed their feeling that the U.S. is changing, and not for the better. He validated the belief that the community they have built together is under attack.

They know many people some of their very own friends and loved ones, and even Biden say they are a destructive force. But inside the tent, Flynn assured them, they have found their tribe and they are in the right.

Were not alone in this is what Im telling you. OK? Were not alone in what it is that we are doing, Flynn said. Were not alone. I want you to know that.

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Michael Flynn: From Government Insider to Holy Warrior - PBS

Letter: Invoking the Fifth Amendment is not an admission of guilt – INFORUM

Forum columnist Jack Zaleski recently wrote an article berating Republicans for their reaction to the FBI raid against Trump . This letter is not about Trump; rather its about a disgusting comment Zaleski made, completely devoid of any historical awareness.

For context, Trump invoked the Fifth Amendment to the US constitution during New Yorks tax case against him. This means he is refusing to testify in court or speak with law enforcement.

In response, Zaleski said,Resorting to the 5th is just short of admitting guilt. The text says no person shall be compelled in any criminal case to be a witness against himself... No criminal case. The implication is obvious: The 45th president knows hes guilty of a crime.Anyone with a shred of civics education should call that out for what it is: a crock of bulls***.

The criminal justice system in the U.S. is not perfect. Criminals are rarely caught red-handed. It is the job of law enforcement to gather evidence, find a suspect, then it is the job of a prosecutor to prove that suspect is guilty.

There was a time when suspects were required to testify for their own defense. If they did not testify, they had no defense. But because prosecutors make careers out of convicting thousands of suspects, this exchange is always weighted against the defendant. The defendant, even if they are purely innocent, may misspeak. They may make an assumption that turns out to be false and the prosecution will accuse them of lying. They may be a victim of misidentification and their testimony would only entrench this mishap.

If the prosecution has a solid case against the defendant, they must be able to make that case without relying on the testimony of the suspect.

According to the U.S. Supreme Court, the purpose of the Fifth Amendment is to protect innocent people who otherwise might be ensnared by ambiguous circumstances. (Grunewald v US, 1957)

In 1966, the court expanded Fifth Amendment protections to apply in police interrogation rooms. Too often police will lock people in windowless rooms for hours on end until they say something incriminating. But according to the case Miranda v. Arizona, all people have a constitutional right to not be interrogated by the police.

According to the Innocence Project, of all the convictions that are proven to be false with DNA evidence, 29% made a false confession. Police can and frequently do use psychological techniques to induce people to make incriminating statements, even if theyre false. A suspect sitting alone in that room doesnt stand a chance against the resources of the state, but with one exception: they have the Fifth Amendment to protect them.

In Ullmann v US (1954), the Supreme Court said, "Too many, even those who should be better advised, view this privilege as a shelter for wrongdoers. They too readily assume that those who invoke it are either guilty of crime or commit perjury in claiming the privilege."

That is exactly what Zaleski did in his letter. I am not defending Trump. Trump made similar statements when Hillary Clinton invoked her Fifth Amendment rights. Trump was just as wrong as Zaleski. But Zaleski should know better. Hes not a politician trying to woo a crowd.

Invoking ones Fifth Amendment right to stay silent is not an admission of guilt. It is not evidence of any crime. It cannot be used in court to suggest you did anything wrong.

Every defense lawyer will tell you to take full advantage of your constitutional rights, especially if you are innocent.

William Smith lives in Fargo.

This is letter does not necessarily reflect the opinion of The Forum's editorial board nor Forum ownership.

The rest is here:
Letter: Invoking the Fifth Amendment is not an admission of guilt - INFORUM

Taking the Fifth, FBI attacked: 5 takeaways of Gov. Whitmer kidnap trial – MLive.com

GRAND RAPIDS, MI Multiple potential witnesses in the Gov. Grethen Whitmer kidnap trial invoked Fifth Amendment protections against self-incrimination.

Stephen Robeson, described as a double agent for helping the FBI, then sharing information with defendants, and Brandon Caserta, acquitted in an earlier trial, were among those who refused to testify.

The jury trial in U.S. District Court in Grand Rapids ended Tuesday, Aug. 23, with Barry Croft Jr., 46, of Bear, Delaware, and Adam Fox, 38, of Wyoming, Michigan, convicted of conspiracy to kidnap and conspiracy to use a weapons of mass destruction.

An earlier trial ended in a mistrial for Croft and Fox when jurors, who acquitted Caserta and Daniel Harris, could not reach a unanimous decision.

The various people who refused to testify in the trial that featured nearly two weeks of testimony was one of several themes that took hold.

Here are five takeaways of the latest trial:

Taking the Fifth

Several witnesses, including those who acted as informants, invoked the Fifth Amendment.

Robeson, a Wisconsin man who provided information to the FBI in the 2020 investigation, was referenced repeatedly at both trials but did not testify.

By my signature below, I hereby assert, invoke, or otherwise claim my rights under the 5th Amendment to the United States Constitution to not be compelled to offer testimony that may be incriminating, he said, in a filing by his attorney, Lawrence Phelan.

Adam Fox, front row on left, and Barry Croft Jr., back row, third from left, are on trial in U.S. District Court in Grand Rapids for allegedly conspiring to kidnap Gov. Gretchen Whitmer. (Illustration by Forrest Miller)

As an informant, he allegedly set up meetings and field-training exercises and encouraged others involvement in the kidnapping plot. He also told a defendant about an upcoming arrest and urged another to get rid of evidence, the government said.

Caserta, who was acquitted at the first trial, invoked his Fifth Amendment protections.

But outside of the Gerald R. Ford Federal Building and U.S. Courthouse, he told FOX 17: I think its ridiculous that the governments still going to try to continue to push this narrative that these people are actually terrorists, and that actually wanted to do violence.

He said the men were a group of dudes who shoot guns and talk crap.

The FBI

Defense attorneys accused the FBI of orchestrating a domestic-terrorism plot - with undercover agents and a dozen informants - to boost careers. Christopher Gibbons, representing Fox, said the FBI worked to turn the defendants big talk into some type of actionable plan.

He noted that an FBI special agent told an informant to get Fox focused on the plan.

Crofts attorney, Josh Blanchard, said his client had no previous connection to Fox or the Wolverine Watchmen, a Michigan militia allegedly tied to the kidnap plot, until the FBI and informants put them in touch. He said Croft became a target for his online criticism of the FBI an anti-immigration fugitives death in Texas.

Assistant U.S. Attorney Nils Kessler called the claims nonsense.

This whole thing was (Crofts) and Adams idea, Kessler told jurors.

Hapless defendants

If they werent facing such serious charges, Croft and Fox might have had their feelings hurt at trial. Their own attorneys portrayed them as pot-smoking losers incapable of plotting Whitmers kidnapping never mind getting others to buy into the idea. A Delaware State Police trooper, assigned to a terrorism task force, said Croft was known as bonehead by investigators.

When asked if he referred to Croft as a moron in a text, he said: It could be Mr. Croft or it could be anyone in the group.

Hes frankly high on marijuana all the time, Blanchard said.

Gibbons called Fox hapless and told jurors that Fox was so enamored by an informants military-combat background that he drew the ire of his girlfriend.

Public officials a target

Top law-enforcement officials said the verdicts were important to protecting public officials and the public.

No governor, no public official should have to contend with what Gov. Whitmer contended with here. All of our elected officials, everyone, deserves to live in safety, not in fear.

James Tarasca, special agent in charge of the FBIs Detroit field office, said: These defendants believed their anti-government views justified violence. Todays verdict sends a clear message that they were wrong in their assessment.

State Attorney General Dana Nessel, whose office is handling state cases related to the alleged kidnapping plot, issued a statement, too: Those who threaten the lives of public officials must be held accountable. No one should have to forfeit their safety or that of their loved ones in exchange for pursuing public service.

In their own words, actions

With two undercover FBI agents and a dozen informants, investigators had real-time information about the defendants. The FBI got past op-sec, or operation security, using, for instance, hidden recorders in key fobs. Adam Fox required attendees of a meeting in the basement of a Grand Rapids-area business Vac Shack, where the unwitting owner let him live as a favor - leave their cellphones upstairs.

The FBI had audio, video, encrypted text messages and social-media posts even a sign up sheet at one event that were shown to jurors. The defense acknowledged that Croft and Fox had strong anti-government views but said it was just talk, protected by the First Amendment. The two had no way of carrying out what has been called a fantastical plot.

The words of the defendants were apparently damning to jurors. They had talked about kidnapping Whitmer at her Elk Rapids summer home and putting her on trial for treason. There was video of training sessions. Jurors saw a smiling Fox light up a Taser.

Assistant U.S. Attorney Christopher OConnor said: Theres no doubt what they wanted to do and who they wanted to kidnap.

Related:

Judge in Whitmer kidnapping plot trial explains why juror wasnt dismissed after attorney complaint

Guilty verdict in Whitmer kidnap case highlights anti-government threats to public officials

Men found guilty of leading plot to kidnap Gov. Whitmer

Did FBI save lives or is it to blame? Jury deliberates Gov. Whitmer kidnap case

Defendants in Gov. Whitmer kidnap trial called pot-smoking morons

FBI pushed hapless client into Gov. Whitmer kidnap plot, attorney says

Prosecutor rests in Gov. Whitmer kidnap case after undercover FBI agent recalls secret trip to her house

Lawyers object to limit on cross examination in Gov. Whitmer kidnap case

Kidnapping Gov. Whitmer was all they talked about, former co-defendant testifies

Man in Gov. Whitmer kidnap case wanted to hang her on TV, witness says

Alleged leader of Gov. Whitmer kidnap case excited driving past her home, recording shows

FBI says defendants in Gov. Whitmer kidnap case posed threat; defense raises concern about juror

Suspect in secret recording played at trial suggested killing Gov. Whitmers security detail

Defendant in Gov. Whitmer kidnap case wanted to build an army, jury told

Defendants in alleged plot to kidnap Gov. Whitmer were big talkers, had no plan, attorneys tell jurors

Retrial of 2 suspects in alleged plot to kidnap Gov. Whitmer ready to begin

Defense attorney says Gov. Whitmer was never in any real danger

More:
Taking the Fifth, FBI attacked: 5 takeaways of Gov. Whitmer kidnap trial - MLive.com

What is the Fifth Amendment, and how has it been used? : NPR

Former President Donald Trump departs Trump Tower, Wednesday, Aug. 10, 2022, in New York, on his way to the New York attorney general's office for a deposition in a civil investigation. Julia Nikhinson/AP hide caption

Former President Donald Trump departs Trump Tower, Wednesday, Aug. 10, 2022, in New York, on his way to the New York attorney general's office for a deposition in a civil investigation.

Donald Trump refused Wednesday to answer questions posed to him by the New York attorney general in her investigation into the former president's business dealings.

Trump invoked the Fifth Amendment in response to New York Attorney General Letitia James, saying in a later statement that "I once asked, 'If you're innocent, why are you taking the Fifth Amendment?' Now I know the answer to that question. When your family, your company, and all the people in your orbit have become the targets of an unfounded politically motivated Witch Hunt supported by lawyers, prosecutors and the Fake News Media, you have no choice."

So what is the Fifth Amendment and what rights does it protect?

The Fifth Amendment creates a number of individual rights for both civil and criminal legal proceedings. It states that a person only has to answer for their crimes when "on a presentment or indictment of a Grand Jury."

There are exceptions for cases held in military courts or for those actively serving in the military.

Additionally, a person cannot be called to stand as a witness against themselves in a criminal court case, cannot be prosecuted twice for the same offense and should not "be deprived of life, liberty, or property, without due process of law."

The clauses of the amendment have different origins.

According to Congress, the concept of a grand jury comes from England and Athens, Greece. It is thought to first be mentioned in the Charter of Liberties and Privileges of 1683, passed by the New York General Assembly and established 12 counties, rules for elections and colonists' rights.

"Its adoption in our Constitution as the sole method for preferring charges in serious criminal cases shows the high place it held as an instrument of justice," James Madison wrote in a draft of the Bill of Rights.

The origins of the concept of double jeopardy are harder to track down, while the self-incrimination clause stems from the Latin phrase "nemo tenetur seipsum accusare," meaning "no man is bound to accuse himself."

Trump's former associates previously invoked their Fifth Amendments in investigations that spurred from their time as key players during his presidency.

Former Trump national security adviser Michael Flynn refused to hand over documents subpoenaed by the Senate Intelligence Committee, which was looking into Flynn's interactions with Russian officials as part of its probe into Russia's interference in the 2016 presidential election.

Trump's longtime attorney, Michael Cohen used his Fifth Amendment right in a civil lawsuit filed by adult entertainer Stormy Daniels, which named Cohen as a defendant. Daniels, whose real name is Stephanie Clifford, said she had an affair with Trump over a decade ago, and signed a confidentiality agreement with Cohen days before the 2016 election, in exchange for $130,000.

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What is the Fifth Amendment, and how has it been used? : NPR