Archive for the ‘Fifth Amendment’ Category

Fairholme Funds Appeals Fannie Mae and Freddie Mac Verdict

NEW YORK (TheStreet) --Fairholme Funds is appealing a recent court decision that dismissed its lawsuit against the U.S. government over claims to the profits of Fannie Mae (FNMA) and Freddie Mac (FMCC) . Fairholme filed the appeal Friday morning in the U.S. Court of Appeals District of Columbia.

Fairholme, along with several well-known investors, including Perry Capital and Pershing Square Capital Management, owns a large stake in Fannie and Freddie Securities and holds the view that the government unjustly took the profits of the housing giants, in violation of the Fifth Amendment. The amendment prohibits the taking of private property for public use without just compensation.

Must Read: Ralph Nader Returns to Fannie and Freddie Shareholder Fight

On Sept. 30, a U.S. district court judge dismissed four lawsuits, including ones from Fairholme and Perry. The decision shocked investors and sent shares down some 40%. Fannie shares closed Thursday at $1.76.Perry Capitalis also appealing the ruling.

At issue in many of the roughly 20 lawsuits filed by various investors is a 2012 third amendment to the government's 2008 conservatorship of Fannie and Freddie, known as a "net worth sweep," which sweeps all the profits into the Treasury, leaving private shareholders with nothing.

"Fairholme believes strongly that the Net Worth Sweep -- imposed four years after the financial crisis -- was not authorized by the Housing and Economic Recovery Act of 2008 ("HERA") and must be unwound. Fairholme also believes strongly that the Federal Housing Finance Agency ("FHFA") has contractual and fiduciary duties to the preferred shareholders of Fannie Mae and Freddie Mac, and that these duties can and will be enforced," Fairholme attorneys wrote in their appeal.

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Fairholme Funds Appeals Fannie Mae and Freddie Mac Verdict

INFORMUCATE: THE FIFTH AMENDMENT – Video


INFORMUCATE: THE FIFTH AMENDMENT
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INFORMUCATE: THE FIFTH AMENDMENT - Video

Batavia teacher previously involved in Fifth Amendment dispute retires

BATAVIA With no public comment, Batavia School Board members on Monday unanimously approved the retirement of Batavia High School social studies teacher John Dryden, who made local and national headlines last year when he instructed his students that they had the Fifth Amendment right not to incriminate themselves before answering an in-class survey about emotional and at-risk behavior.

We thank him for his 22 years of service, said Steve Pearce, assistant superintendent of human resources for Batavia School District 101, during the meeting.

Dryden contacted District 101 officials Wednesday about wanting to retire. Wednesday was his last day with the district.

On Friday, he formally submitted his retirement letter, Pearce said.

The District 101 board voted in May 2013 to issue a written warning of improper conduct to Dryden for his actions.

Before the board issued the notice, then-Batavia School Superintendent Jack Barshinger docked Dryden a days pay.

Jon Gaspar was the sole board member to vote no. The notice warned Dryden not to provide legal advice to students, among other things.

On Monday, Pearce said he could not discuss whether Dryden had broken any conditions of the warning.

Dryden was not at Mondays meeting, and efforts to reach him have not been successful.

Batavia School Board President Cathy Dremel said she was surprised by Dryden choosing to retire.

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Batavia teacher previously involved in Fifth Amendment dispute retires

The Fifth Amendment Please Don’t Leave Me Now – Video


The Fifth Amendment Please Don #39;t Leave Me Now
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The Fifth Amendment Please Don't Leave Me Now - Video

Man Denied Fifth Amendment While In Court Wearing Anti-Police Shirt, Still Won His Case (Video)

A citizen journalist in Broward County, Florida decided to film police shutting down a peaceful gathering early one morning, and after strangely being pulled over minutes later for what officers said was a traffic offense, he appeared in court to discuss his ticket. Now, his courtroom appearance has gone viral as many say he was denied basic constitutional rights.

Michael Burns says in his video description on LiveLeak that he witnessed around 10 people being kicked off of public property around 1:30 a.m. last week and decided to break out his camera to record it. An officer told Burns to stop filming and leave, and he refused, but when the situation seemed to die down, he decided to leave on his own. As he was pulling away from the area, one of the cops got in his vehicle and started to follow him. Right as he was turning around to go home, the cop put his lights on, and to Burns surprise, it was the same officer who had asked him to leave earlier.

A short time later, six more police cars showed up as Burns was informed that he was being pulled over because his license plate was partially obstructed. Burns believes, however, that he was pulled over because the officer was angry that he refused to stop filming the earlier incident. Burns says he refused to answer any of the officers questions and told him that he would see him in court.

On court day, Burns decided to wear his Fuck the Police shirt, and when told the judge that he wished to invoke his Fifth Amendment right to remain silent, the judge denied his request. Still, as Burns notes, he won the case against the multiple officers in the room.

Take a look at the courtroom video below.

Sources: The Free Thought Project, Live Leak

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Man Denied Fifth Amendment While In Court Wearing Anti-Police Shirt, Still Won His Case (Video)