Category Archives: Fifth Amendment

PROVIDENCE, R.I. A lawyer for former House Speaker Gordon Fox told a judge Thursday more than 100 grand jury subpoenas have been issued in what he said he believes is a wide-ranging investigation by federal and state authorities that includes looking at the failed 38 Studios deal.

The attorney made the comments before Superior Court Judge Michael Silverstein as he sought to quash a subpoena issued to Fox for a range of documents related to ex-Red Sox pitcher Curt Schilling's now-bankrupt company. Silverstein is overseeing a lawsuit brought by the state's economic development agency over the $75 million loan guarantee it gave 38 Studios.

"We believe it's a wide-ranging investigation," attorney Albin Moser told the judge, adding that they don't know exactly what authorities are looking for.

The Providence Democrat resigned as speaker in March, a day after his Statehouse office and home were raided by investigators. Authorities have not said what they're investigating.

In his arguments, Moser cited Fox's constitutional protection against self-incrimination. Moser said he doesn't believe that a charge against Fox is merited with regard to 38 Studios, but that "we do believe that federal and state authorities are interested" in the company. He called their interest "a link in the chain of a possible prosecution" that triggers the ex-speaker's right to invoke his Fifth Amendment privilege.

Moser wouldn't say after the proceeding whether the subpoenas are from a state or federal grand jury and declined further comment.

A federal grand jury has been meeting relating to the raid on Fox's Statehouse office, and a federal grand jury has issued at least one subpoena to Providence City Hall, which was asked for records relating to Fox. A spokesman for the U.S. attorney's office would not comment.

While state police say their probe into 38 Studios is ongoing, it's not clear whether a state grand jury is investigating. A spokeswoman for the attorney general's office said she could not comment.

The judge is giving Moser more time to make his case to have the subpoena thrown out. Attorneys for Wells Fargo, which issued it, object. The company is among 14 defendants named in the state agency's suit, along with Schilling.

Also in court Thursday, an attorney for one defendant told the judge a potential witness who had a consulting agreement with 38 Studios told his attorney he intended to invoke the Fifth Amendment in response to a subpoena for deposition testimony. However, Michael Corso's attorney told The Associated Press that was false. The deposition is scheduled for May 22.

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Attorney: Defense told Corso will take Fifth

BANGOR, Maine A prison inmate who described himself as a friend of one of the two men on trial for the murder of three people refused to testify Monday at the Penobscot Judicial Center. He said he was afraid of retribution if he told the court what he knew.

Nicholas Sexton, 33, of Warwick, Rhode Island, and Randall Ricky Daluz, 36, of Brockton, Massachusetts, are both charged with three counts of murder and one count of arson in the August 2012 crime. Both have pleaded not guilty.

Alfred Lanpher, 44, said Sexton was his friend and gave him a nod when he entered the courtroom. When Assistant Attorney General Lisa Marchese, who is prosecuting the case with Assistant Attorney General Deb Cashman, asked him questions about the murder case, Lanpher declined to answer.

I already advised this lawyer here that Im not going to testify, Lanpher said, indicating attorney William Bart, who was sitting beside him in the courtroom.

Bart did not address the court.

I dont want to testify here because I am going to spend the next three years in jail, Lanpher later said on the stand.

Lanpher of Mount Desert Island is serving a 4-year sentence at the Maine State Prison in Warren for assaulting a Southwest Harbor police officer in 2012.

Marchese asked if he was afraid of retribution for being a rat. Lanpher replied, yeah.

Lanpher did say on the stand that he was using illegal drugs around the time of the three murders and when he testified in front of the Penobscot County grand jury shortly afterward.

Marchese asked the judge to force Lanpher to testify or to allow the prosecution to use the testimony he gave the grand jury shortly after police found the bullet-riddled and charred bodies of Nicolle A. Lugdon, 24, of Eddington, Daniel T. Borders, 26, of Hermon and Lucas A. Tuscano, 28, of Bradford inside a rental car that was discovered on fire in the early morning hours of Aug. 13, 2012.

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Im not going to testify: Witness pleads Fifth Amendment during Bangor triple murder trial

STORY HIGHLIGHTS

(CNN) -- Acting on a conservative battle cry and potentially triggering a court battle with the Obama administration, the Republican-led House voted Wednesday to hold former IRS official Lois Lerner in contempt of Congress for refusing to answer questions about her agency's targeting of conservative and other groups.

The 231-187 vote fell almost entirely along party lines, a decision that cut across three sharp divides: balance of power issues between the branches of government, political questions over the IRS scandal, and a Constitutional debate over Lerner's individual Fifth Amendment rights.

Lerner is in the middle of that trio. Until she retired last year, she ran the IRS division in charge of tax exempt status. An inspector general's report concluded her staff had inappropriately targeted Tea Party and other groups for extra scrutiny.

The term "progressive" was also flagged but the inspector general report indicated that conservative terms drew more attention from the IRS.

The Fifth Amendment question

For nearly a year, Lerner has refused House requests to testify on the matter, citing her Fifth Amendment right against self-incrimination.

Republicans insist that doesn't apply here, that she waived the right by first asserting her innocence when she appeared before the House Oversight Committee last May.

"Mrs. Lerner made 17 separate factual assertions before invoking her right to remain silent," proclaimed Rep. Richard Nugent, Republican of Florida, as he opened up Wednesday's debate. "You can't make selective assertions and still invoke your Fifth Amendment right."

Lerner's attorney, William Taylor, has dismissed that argument repeatedly and sent a statement rejecting it again Wednesday.

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GOP-led House votes to hold former IRS official in contempt

Lois Lerner, former director of the Tax Exempt and Government Entities Division at the Internal Revenue Service, exercises her Fifth Amendment Right against self incrimination during a hearing of the House Oversight and Government Reform Committee on Capitol Hill on March 5. BRENDAN SMIALOWSKI/AFP/Getty Images

Embattled former IRS official Lois Lerner can breathe a small sigh of relief: as of now, the House has no plans to arrest her in an effort to compel her to testify about the agency's undue scrutiny of certain tax-exempt groups.

The House voted to hold Lerner in contempt of Congress last week for her repeated refusal to testify before the House Oversight and Government Reform Committee. The charge against her stems from an opening statement she made in a hearing last year declaring her innocence before invoking her Fifth Amendment right. Republicans say that by delivering her opening statement, she waived her rights against self-incrimination.

Despite the contempt charge, Speaker John Boehner, R-Ohio, says it's up to Attorney General Eric Holder - not the House - to take the next steps.

"The contempt charge has gone to the attorney general and its up to the attorney general, Eric Holder, to prosecute this and to assign someone to prosecute the case. Now will he do it? We don't know. But the ball is in his court," Boehner said over the weekend in an interview on Fox News' "Sunday Morning Futures."

Boehner said a provision allowing the House to make its own arrest has "never been used and I'm not sure it's an appropriate way to go about this. It's up to Eric holder to do his job."

Boehner spokesman Michael Steel clarified that the speaker was referring to the modern era, because the House did at one time enforce its own contempt findings.

The Supreme Court has twice upheld the House's authority to arrest and even imprison people through a process called "inherent contempt." A 2014 report by the Congressional Research Service (CRS) found several instances in which Congress would dispatch the Sergeant-at-Arms to arrest the person being held in contempt. They would stand trial before the House, be given counsel, found guilty, and then penalized with arrest or a fine.

"Inherent contempt has the distinction of not requiring the cooperation or assistance of either the executive or judicial branches. The House or Senate can, on its own, conduct summary proceedings and cite the offender for contempt," the report found.

But the practice hasn't been used since 1935, in part because imprisonment for refusing to comply with a subpoena cannot extend past the current session of Congress, and also because the process has been described as "unseemly," cumbersome, time-consuming and ineffective in the modern era.

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No plans to arrest Lois Lerner, John Boehner says

Former PA Chairman Samson Pleads Fifth
David Samson says he will not answer questions of the special committee investigating the George Washington Bridge lane closures, asserting his Fifth Amendment rights. For more New Jersey news,...

By: NJTV News

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Former PA Chairman Samson Pleads Fifth - Video

NATIONAL

November 7, 2003 | John J. Goldman, Times Staff Writer

The captain of the Staten Island ferry that crashed into a pier last month, killing 10 people, finally met with investigators from the National Transportation Safety Board on Thursday, but would give only his name and age. NTSB head Ellen G. Engleman said that Michael Gansas exercised his 5th Amendment right against self-incrimination and refused to answer questions about the Oct. 15 accident. "We hope we will be able to talk to Capt. Gansas in the future," Engleman said in a statement.

BUSINESS

March 23, 2002 | DAVID STREITFELD, TIMES STAFF WRITER

Nancy Temple, a lawyer for accounting firm Andersen being quizzed about her role in the shredding of Enron Corp. documents, cited her 5th Amendment right to keep silent 138 times Friday. Temple was deposed by lawyers who had filed a class-action suit against Andersen, which approved Enron's financial statements. In an unusual move, a federal judge in Houston permitted Temple and eight other Andersen employees to be questioned much earlier than such a case would normally allow.

NEWS

February 26, 2002

People who play the market are now at each other's throats. The Bulls & Tigers of Forest Hills, a ladies investment club of 10, meets every month to play the stock market. This month the meeting was held at Jane Peters' house. The club had made $20,000 in the year 2000, and while things went down in 2001, they could still barely hold their heads above water. When the going was good, they called themselves the Sunshine Ladies because they couldn't lose as far as their investments were concerned.

BUSINESS

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Articles about Fifth Amendment - Los Angeles Times

Lois Lerner, former director of the Tax Exempt and Government Entities Division at the Internal Revenue Service, exercises her Fifth Amendment Right against self incrimination during a hearing of the House Oversight and Government Reform Committee on Capitol Hill on March 5. BRENDAN SMIALOWSKI/AFP/Getty Images

WASHINGTON - The Republican-led House voted Wednesday to hold former Internal Revenue Service official Lois Lerner in contempt of Congress for refusing to answer questions related to the agency's undue scrutiny of certain tax-exempt groups.

The vote to hold Lerner in contempt of Congress was 231-187, with all Republicans voting in favor and all but a few Democrats voting against.

It's now up to a local U.S. attorney to consider criminal charges against Lerner. The Justice Department, however, has ignored past contempt charges against executive branch officials, including contempt charges against Attorney General Eric Holder.

While the vote may have no practical impact, it does up the ante in the political bout between Democrats and Republicans over the IRS scandal.

Republicans maintain they are determined to get to the bottom of the scandal and find out why IRS officials, starting in 2010, unfairly targeted groups for their political activity.

"All we're doing as Article One is saying an employee of Article Two, the executive branch, didn't properly assert her rights," House Oversight and Government Reform Committee Chairman Darrell Issa, R-Calif., explained to his congressional colleagues Tuesday night in a meeting of the House Rules Committee. "We want Article Three, the federal court, to decide whether or not... we should be entitled to answers to some of our questions. ... Nothing could be less partisan than, in fact, to let the federal court decide."

In addition to holding Lerner in contempt, the House also voted 250-168 to approve a resolution calling on Holder to appoint a special counsel to investigate the IRS targeting.

Democrats have dismissed the GOP's aggressive pursuit of this issue as a partisan witch-hunt. They've noted that multiple investigations into the IRS have already been launched, including an ongoing Justice Department investigation. Democrats have also stressed that the IRS inappropriately targeted both conservative and liberal groups, while pointing to evidence showing the misconduct wasn't politically motivated.

On top of all that, Democrats assert there is no basis for the contempt charge.

See more here:

House votes to hold former IRS official in contempt

STORY HIGHLIGHTS

(CNN) -- Acting on a conservative battle cry and potentially triggering a court battle with the Obama administration, the Republican-led House voted Wednesday to hold former IRS official Lois Lerner in contempt of Congress for refusing to answer questions about her agency's targeting of conservative and other groups.

The 231-187 vote fell almost entirely along party lines, a decision that cut across three sharp divides: balance of power issues between the branches of government, political questions over the IRS scandal, and a Constitutional debate over Lerner's individual Fifth Amendment rights.

Lerner is in the middle of that trio. Until she retired last year, she ran the IRS division in charge of tax exempt status. An inspector general's report concluded her staff had inappropriately targeted Tea Party and other groups for extra scrutiny.

The term "progressive" was also flagged but the inspector general report indicated that conservative terms drew more attention from the IRS.

The Fifth Amendment question

For nearly a year, Lerner has refused House requests to testify on the matter, citing her Fifth Amendment right against self-incrimination.

Republicans insist that doesn't apply here, that she waived the right by first asserting her innocence when she appeared before the House Oversight Committee last May.

"Mrs. Lerner made 17 separate factual assertions before invoking her right to remain silent," proclaimed Rep. Richard Nugent, Republican of Florida, as he opened up Wednesday's debate. "You can't make selective assertions and still invoke your Fifth Amendment right."

Lerner's attorney, William Taylor, has dismissed that argument repeatedly and sent a statement rejecting it again Wednesday.

Read more here:

House holds Lois Lerner in contempt

BENSALEM A federal judge said Tuesday that Bensalem's mayor and police chief had not invoked the Fifth Amendment to avoid answering questions stemming from a lawsuit against them - and he demanded a written explanation from the attorney who claimed that they did.

U.S. District Judge Michael M. Baylson said the lawyer, Brian K. Wiley, "acted improperly" when he wrote in a court filing early this year that Mayor Joseph DiGirolamo and head of police Fred Harran, as well as two other township officials, invoked their right against self-incrimination and declined to answer questions related to a lawsuit brought by former township Fire Chief David Jerri Sr.

During a hearing on the matter, Baylson said that Wiley may have incorrectly used language from a previous court filing to jump to that conclusion, and that Wiley "had reason to know that was not true."

Wiley was not in court Tuesday, but Baylson - who said he initially believed Wiley's claim - ordered that he file an affidavit explaining his behavior within 10 days.

Christopher Garrell, who represented Jerri on Tuesday, said he was not with the firm when Wiley made the claim, and could not comment.

Harran, who was in court Tuesday, called the case "a big joke."

"They're grasping at straws because they have no case," he said.

The suit was filed last year by Jerri and his son, David Jr., a former township firefighter.

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Judge: Bensalem officials didn't invoke the Fifth

Lois Lerner, former director of the Tax Exempt and Government Entities Division at the Internal Revenue Service, exercises her Fifth Amendment Right against self incrimination during a hearing of the House Oversight and Government Reform Committee on Capitol Hill on March 5. BRENDAN SMIALOWSKI/AFP/Getty Images

WASHINGTON - The Republican-led House voted Wednesday to hold former Internal Revenue Service official Lois Lerner in contempt of Congress for refusing to answer questions related to the agency's undue scrutiny of certain tax-exempt groups.

The vote to hold Lerner in contempt of Congress was 231-187, with all Republicans voting in favor and all but a few Democrats voting against.

It's now up to a local U.S. attorney to consider criminal charges against Lerner. The Justice Department, however, has ignored past contempt charges against executive branch officials, including contempt charges against Attorney General Eric Holder.

While the vote may have no practical impact, it does up the ante in the political bout between Democrats and Republicans over the IRS scandal.

Republicans maintain they are determined to get to the bottom of the scandal and find out why IRS officials, starting in 2010, unfairly targeted groups for their political activity.

"All we're doing as Article One is saying an employee of Article Two, the executive branch, didn't properly assert her rights," House Oversight and Government Reform Committee Chairman Darrell Issa, R-Calif., explained to his congressional colleagues Tuesday night in a meeting of the House Rules Committee. "We want Article Three, the federal court, to decide whether or not... we should be entitled to answers to some of our questions. ... Nothing could be less partisan than, in fact, to let the federal court decide."

In addition to holding Lerner in contempt, the House also voted 250-168 to approve a resolution calling on Holder to appoint a special counsel to investigate the IRS targeting.

Democrats have dismissed the GOP's aggressive pursuit of this issue as a partisan witch-hunt. They've noted that multiple investigations into the IRS have already been launched, including an ongoing Justice Department investigation. Democrats have also stressed that the IRS inappropriately targeted both conservative and liberal groups, while pointing to evidence showing the misconduct wasn't politically motivated.

On top of all that, Democrats assert there is no basis for the contempt charge.

Read more:

House votes to hold Lois Lerner in contempt