Category Archives: Fifth Amendment

Another federal trial is scheduled to begin in two weeks for two men accused of conspiring to kidnap Governor Gretchen Whitmer.

But jurors wont be told much about their previous trial. In a final pretrial hearing Tuesday afternoon in Grand Rapids judge Robert Jonker ruled on what will and wont be allowed to be presented as evidence in the upcoming trial. One thing that jurors wont hear, Jonker said, is that two other men were found not guilty of the kidnapping conspiracy during the previous trial in the fall.

Adam Fox and Barry Croft are facing trial for the second time, after a jury deadlocked on their charges in the spring. Two other men - Daniel Harris and Brandon Caserta - were both acquitted.

But the outcome of the first trial should not be part of deliberations for jurors in the second trial, Jonker told attorneys Tuesday. In particular, evidence of the acquitals for Harris and Caserta cant be introduced as evidence in the trial, though Jonker said jurors may ultimately hear about it.

Defense attorneys for both Fox and Croft tried to argue that jurors may already come to the case knowing about the prior case.

The outcome of the first trial was somewhat unusual and it did gather a lot of press, said Christopher Gibbons, an attorney for Fox.

I think it needs to come out, argued Joshua Blanchard, Barry Crofts attorney.

Jonker acknowledged that some of the potential jurors in the case could have been following it closely, and could blurt out the outcome during the jury selection process - thus informing any other potential jurors about the outcome. But, he said, that didnt mean the acquittals could be treated as evidence by attorneys in the trial.

Another complicating factor could be that Caserta and Harris could be called as witnesses in the new trial, in which case jurors would likely find out about their acquittal. But Jonker said its also possible they would invoke their fifth amendment right to not self-incriminate. In that case, jurors wouldnt hear from them at all.

Jonker also ruled on other bits of possible evidence - including texts from a confidential informant in the case to his FBI handler, and evidence that one of the FBI agents in the case was trying to launch his own business on the side. Jonker ruled that, as in the previous case, most of that information would be inadmissible in the new trial.

A total of 14 men were charged over the alleged plot to kidnap Whitmer in 2020. Of those 14, six were charged in federal court. Two of them pleaded guilty, two were found not guilty and two are being retried. Eight other men face charges in state court, and have yet to face trial.

Jury selection for the trial against Croft and Fox is scheduled to begin August 9.

See the rest here:
Outcome of first kidnapping trial can't be used as evidence in second trial, judge rules - WKAR

On the eve of their first training camp as the Washington Commanders, coach Ron Rivera lamented his life since he took this job.

He was asked about his team being in the news all the time.

Its almost to be expected to be honest with you, Rivera said, in a revelatory moment describing the job description that wasnt included when he interviewed with Skipper Dan Snyder.

It goes in cycles, he said. It is situation circumstances, and to use a quote that, it is what it is, and I try to make sure it, for us, its whats interesting versus whats important and were back to football. And to me, the important thing is football. Im here to be judged on that.

OK. I know it may have slipped everyones mind, given the deluge of bad news that surrounds this franchise, but just last month, Rivera was fined $100,000 and lost two OTA practices for 2023 for excessive contacts during spring drills.

That may be football, Im not sure.

Then he spoke about the burden of the aura of self-destruction.

Does it make what I do harder? Rivera said. Yeah, it really does, because, and again, all that stuff thats happened, thats important.

OK. It is.

But to me, as a football coach, what I have to do is Ive got to make this team presentable as a football team on the football field and in the community, he said.

Presentable? Its good to have goals.

The players and coaches, we have to have success, Rivera said. We have to go out and play. Why? Because we need the fans behind us. The fans get behind us, give us support build this up, get some momentum going

Sorry, Ron, have to interrupt you for one of those cycles you spoke of. Your owner, Skipper Dan, testified Thursday virtually from his yacht somewhere overseas, where he has been hiding to avoid appearing before the House Committee on Oversight and Reform to testify about the toxic work atmosphere within the franchise under his ownership, the sexual misconduct allegations and just the overall subhuman tenure of his ownership.

Snyder has committed to providing full and complete testimony, and to answer the Committees questions about his knowledge of and contributions to the Commanders toxic work environment, as well as his efforts to interfere with the NFLs internal investigation, without hiding behind nondisclosure or other confidentiality agreements, a committee spokesperson said in a statement.

Skipper Dan agreed to testify virtually not under subpoena but under oath. Thats half a win for the committee, who wanted Skipper Dan on live streaming for the world to see the meltdown that surely would have taken place.

Remember Happy Thanksgiving?

But they did get an agreement that his testimony will be under oath. I suspect Rivera, who had to brush up on constitutional studies about the First Amendment after his defensive coordinator, Jack Del Rio, sabotaged the franchise with his dust-up comments about the Jan. 6 insurrection, will have to study his Fifth Amendment after his boss testimony which I assume we will read, not see or hear is revealed.

There reportedly will be a transcript of the testimony, and it is up to the committee if it gets released publicly. I cant fathom any scenario where it is not released by the committee. Any deal with Skipper Dans mouthpiece to withhold the transcripts would be hypocritical on a nuclear level after the committee has repeatedly admonished the NFL for withholding details of the Beth Wilkinson investigation into Skipper Dan and the organization.

OK, Ron, back to football.

A lot of optimism, more so than anything else, Rivera told reporters after the first day of camp. Thats what it really is. Everybody comes in with a good feeling, all that stuff, but for us, weve got to make sure its about the evaluation process and we got to continue to look at what we have and build on it.

There really is only one evaluation, one question that matters about this team as training camp unfolds. Yes, there is the health of defensive end Chase Young, tight end Logan Thomas, receiver Curtis Samuel and running back Antonio Gibson. There are always health questions in training camp.

But everything revolves around newly-acquired quarterback Carson Wentz, who was driven out of his two previous jobs in Philadelphia and Indianapolis Riveras future, the teams success, everything. It is the only true question that matters.

There. Thats the football.

You can hear Thom Loverro on The Kevin Sheehan Show podcast.

Link:
LOVERRO: The weight on Rivera's shoulders is inevitably about much more than football - Washington Times

Intersection needs four-way stop signsThis letter is intended for anyone in Schenectady politics. My wife and I live at the corner of Lenox Road and Raymond Street. This is the only intersection the entire length of Lenox Road that doesnt have a 4-way stop.Could someone please explain this to me? My wife and I have lived at that corner for almost 15 years and there are between five and nine accidents each year.The one on July 15 was one of the worst Ive ever heard, yes, heard. I heard the impact over the sound of my lawn mower and ear plugs. One day a car is going to run the stop sign and hit a child on a bike.Please, consider putting the two stop signs on Raymond.Butch SlaterSchenectady

Stefanik blatantly misleading publicRep. Elise Stefanik is at it again, lying and gaslighting to cover up the revelations of the Jan. 6 select committee of the House of Representatives.Stefanik played loose with the truth in telling the public this week that the Jan. 6 committee is devoid of Republican input and is nothing but a dog-and-pony show staged by the Democrats.Most of the witnesses called by the committee have been Republicans with an abundance of first-hand knowledge of the lead-up to and execution of the seditious riot. The Republicans initially shunned an attempt to create a bi-partisan investigation.Many Republican witnesses have defied subpoenas or invoked the Fifth Amendment.Its astounding how the Republican base allows Stefanik and the rest of the acolytes to mislead them while taking out their angst on those Republicans who put country over party and have come forward to tell the truth under oath. Liz Cheney, a pure conservative Republican, has taken a key role in the proceedings.Its up to voters to hold Stefanik accountable and recognize her brazen dishonesty in the name of sheer politics. The survival of our democracy depends on it.Al SingerBallston Spa

Ostrelich counter to MAGA RepublicansI have lived in Niskayuna for 19 years, raised my children here and am grateful to live in a caring community.I worry that too many of us are unaware of the threat posed by MAGA Republicans, even here in Niskayuna.We all want a future that builds on the progress of past generations. The MAGA Republicans want to undo that progress, roll back our rights, even cancel our freedom to have our voices heard at the ballot box.Lee Zeldin, a MAGA Republican at the top of the state ticket, voted against certifying the 2020 election, even after the Jan. 6 insurrection. Jim Tedisco, who proudly campaigns with Zeldin, voted against a womans right to make her own healthcare decisions and against early voting.MAGA Republicans do not offer progress, they offer contempt. They do not respect our decisions at the ballot box or in our doctors offices.I support Michelle Ostrelich because she has demonstrated a commitment to progress.She has been a long-term advocate for reproductive healthcare rights and has continued her advocacy as a co-founder of the Schenectady Coalition for Healthcare Access.Michelle is the kind of leader we need in the state Senate 44th District.Katie ChaoNiskayuna

Cartoon offensive to Biden, seniorsIn regard to your political cartoon in the July 20 Gazette which showed President Biden with a walker, what a terrible disservice to portray seniors this way.President Biden also rides a bicycle, keeps himself fit and trim.He does what a lot of seniors do, keeps busy and active.He cares for the people instead of himself, unlike the last occupant of the White House.James LechowiczSchenectady

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Categories: Letters to the Editor, Opinion

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Letters to the Editor Monday, July 25 The Daily Gazette - The Daily Gazette

Alex Jones, host of Infowars, lost defamation lawsuits filed by parents of children killed in the Sandy Hook tragedy, as well as an FBI agent who responded to the shooting.

Here is what to know about Jones, his failed quest for bankruptcy protection, and the defamation awards trials pending in Texas and Connecticut by Sandy Hook families.

Alex Jones is an anti-government conspiracy theorist best known for his radio show and website "Infowars." He is one of the most influential conspiracy theorists in the United States. Some of his most recognizable claims include that the Sandy Hook massacre was a hoax to curtail Americans' gun rights, the 9/11 terrorist attacks were an inside job, and the Parkland, Florida, shooting was carried out by actors paid by the Democratic party, according to the Anti-Defamation League.

Alex Jones called the Sandy Hook massacre, where 20 students and six educators were killed, "staged," "synthetic," "manufactured," "a giant hoax," and "completely fake with actors" with inside job written all over it.

The short answer is three: two defamation lawsuits filed in Texas and a third defamation lawsuit filed in Connecticut. Jones lost all three cases by default after he was warned and later fined by judges in Texas and Connecticut over abuses of pre-trial procedure.

The next step in all three lawsuits is for a jury to decide in each case how much money Jones must pay in damages to the Sandy Hook families he defamed when he called the Sandy Hook massacre "staged," "synthetic," "manufactured," "a giant hoax" and "completely fake with actors." The first of those three trials was scheduled to begin in Texas on April 25. That didn't happen because Jones sought Chapter 11 bankruptcy protection for three business entities he controls, which automatically froze the cases in state court.

In Texas, there are two sets of plaintiffs. The first set is the parents of slain Sandy Hook first-grader Jesse Lewis. The second set is the parents of slain Sandy Hook first-grader Noah Pozner.

In Connecticut, the plaintiffs are an FBI agent who responded to the 2012 massacre of 26 first-graders and educators at Sandy Hook Elementary School, and eight families who lost loved ones in the tragedy.

At each of the three trials, a jury will determine how much money Jones owes the plaintiffs. Judges in Texas and Connecticut already ruled in default judgments that Jones defamed the families, so the jury wont decide that.

Scarlett Lewis and Neil Heslin, the parents of Jesse Lewis, have their jury trial first in Austin, Texas. Jury selection is scheduled to begin July 25, with opening arguments beginning the next day. The trial is expected to last two weeks.

The Connecticut trial is scheduled to start with jury selection on Aug. 2 the second week of the Texas trial. But jury selection there will take about a month. The trial is expected to start Sept. 6.

The trial with Noah Pozners parents, Lenny Pozner and Veronique De La Rosa, could begin as soon as September.

The Texas judge postponed an April trial for the parents of Jesse Lewis because three entities owned by Jones filed for Chapter 11 bankruptcy about a week before the trial would have begun. The bankruptcy filings held up the Connecticut case, too.

The Sandy Hook families in Texas, and later in Connecticut, requested a federal judge to dismiss the filings, arguing they were in bad faith.

It's important to note that while Jones' representatives say Jones has suffered financially because of the Sandy Hook lawsuits, spending $10 million on legal fees, and losing $20 million in sales, Jones himself did not file for bankruptcy, nor did his parent company, Free Speech Systems.

After about a month, a federal bankruptcy judge released Jones from Chapter 11 protection, clearing the way for the Texas trial to resume. The Sandy Hook families in Connecticut agreed to drop the three Jones-controlled entities under bankruptcy from the defamation lawsuit, allowing the Connecticut trial to go ahead.

Jones has used his platform to share disinformation about COVID-19, the vaccine and treatments, including ivermectin.

Jones met with the Jan. 6 committee that's investigating the insurrection on the U.S. Capitol. According to his lawyer, in a report, he pleaded the Fifth Amendment over 100 times.

The popular "Full Send" podcast hosted Alex Jones a week after President Donald Trump appeared on the show in March 2022. Jones offered an explanation as to why the YouTube version of the Trump interview was deleted off the platform.

An open critic of cryptocurrency, Jones was gifted over $2 million worth of Bitcoin from an anonymous donor in April 2022 as the radio host faced financial difficulty due to his lawsuits with the Sandy Hook families.

Derek Turner and Rob Ryser contributed to this report.

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FAQ: The Sandy Hook and Alex Jones defamation trials - Danbury News Times

Turley: Bannon 'didn't put on a defense'

Fox News contributor and George Washington University Law professor Jonathan Turley breaks down Friday's guilty verdict against former Trump adviser Steve Bannon on 'America Reports.'

NEWYou can now listen to Fox News articles!

After Steve Bannon's conviction Friday afternoon, Fox News contributor Jonathan Turley broke down the verdict on America Reports.'

JONATHAN TURLEY: Well, this was one of the most predictable convictions I've seen in my career as a legal analyst. I mean, the reason you could predict this outcome is very simple, that he didn't put on a defense, and he didn't show up to cover the Congress. He didn't present any witnesses.

STEVE BANNON FOUND GUILTY OF CONTEMPT OF CONGRESS FOR IGNORING JAN. 6TH HEARING SUBPOENA

And now he's going to go on appeal. Presumably, he'll have more to say there. But he did not have a viable defense. He was not a government official to even make a substantial claim of privilege. But also at the time, many of us said, you're making a huge mistake.

You know, you should show up in Congress. You can always take your Fifth Amendment protections, the privilege against self-incrimination. Plenty of witnesses do that, but you should show up.

STEVE BANNON LACKED FACTUAL DEFENSE BUT HAS LEGAL DEFENSE FOR APPEAL, EX-PROSECUTOR SAYS

He decided basically that he would thumb his nose at Congress and that he would go his own way. Well, you can and this is a very rare prosecution.

The last prosecution, I think, was in '83. The last conviction, as you noted, was long before that. It is unlikely that he's going to receive much, if any, jail time the minimum is 30 days.

JAN 6 COMMITTEE: THURSDAY PRIMETIME HEARING TO FOCUS ON TRUMP'S ACTIONS AS RIOT UNFOLDED

The judge has some obvious discretion, particularly in allowing these to run concurrently, which is what I would expect. You know, he could send someone consecutively so they finish one sentence before they start the next sentence.

This is something that would normally be done concurrently. So any sentence runs at the same time.

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Turley: Bannon 'didn't put on a defense,' guilty verdict 'one of the most predictable convictions' - Fox News

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Senator Kiffmeyer: Fifth Amendment to the U.S. Constitution - ECM Publishers

ANN ARBOR, MI A Michigan Department of Health and Human Services (MDHHS) employee is the latest person to invoke the Fifth Amendment and refuse to testify in a civil bellwether trial in federal court.

Nancy Peeler, the states director of maternal, infant and early childhood home visiting for the health department at the time of Flint Water Crisis, briefly took the witness stand in the U.S. District Courtroom of Judge Judith E. Levy Wednesday, July 13, and declined to answer any questions pertaining to her duties with the MDHHS or the water crisis.

On advice of counsel, I respectfully decline to answer based on the Fifth Amendment to the United States Constitution, Peeler responded to a handful of questions from Levy as well as attorneys representing Veolia North America (VNA).

Peeler said she would answer the same way when asked questions by attorneys for Lockwood, Andrews & Newnam (LAN) and attorneys representing for the plaintiffs in the case.

A witness has a right under the Fifth Amendment to the U.S. Constitution to decline to answer questions on the grounds that doing so may tend to incriminate the witness.

The jury was instructed that they may but are not required to infer from that refusal that the answer may have been adverse to the witness interest.

The Michigan Attorney Generals office previously charged Peeler with two counts of common law offenses and one count of neglect of duty. The case is currently pending in Genesee County Circuit Court.

A hearing is scheduled for Aug. 9 during which Judge Elizabeth A. Kelly will rule on a motion filed by the AGs office requesting Peelers case be remanded to 67th District Court for a preliminary examination.

The motion was filed in response to a June ruling by the Michigan Supreme Court, which opined that a judge does not have the authority to indict a defendant. Peeler was one of the multiple defendants charged via a one-judge grand jury, in which Judge David J. Newblatt of the 7th Circuit Court served as the one-man grand jury on the matters, hearing evidence behind closed doors and then issuing indictments against the defendants.

Peelers attorney, Harold Z. Gurewitz, said in court Wednesday he intended to challenge that motion, believing that because of the Supreme Court ruling, the charges need to be dismissed.

The civil trial Peeler had been called to testify in Wednesday involves four Flint children who have sued two companies that advised the city of Flint during its water crisis.

Attorneys for the children claim their clients suffered acquired brain injuries from lead in Flint drinking water and claim the consulting companies are partially responsible for those damages.

Those companies VNA and LAN have contested the injuries claimed by the children and say government officials are solely responsible for elevated levels of lead in Flint water.

The trial is scheduled to continue Thursday, beginning at 8:30 a.m.

Read more on The Flint Journal:

Consultants expert says Flint kids suing over water crisis have healthy brains

Former Flint EM joins others in pleading the Fifth at Flint water trial

New court motions aim to put Flint water crisis prosecutions back on track

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MDHHS employee latest to plead the Fifth in Flint water trial - MLive.com

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

BRI Resources

What is the Significance of the Free Exercise Clause?

How has Speech Been Both Limited and Expanded, and How Does it Apply to You and Your School?

A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

BRI Resources

What are the Origins and Interpretations of the Right to Keep and Bear Arms?

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

BRI Resources

Liberty and Security in Modern Times

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

BRI Resources

How Does the Fifth Amendment Protect Property?

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

BRI Resources

Gideon v. Wainwright

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

BRI Resources

Due Process of Law

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

BRI Resources

How Do Due Process Protections for the Accused Protect Us All?

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

BRI Resources

What is the Scope of the Bill of Rights?

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

BRI Resources

State and Local Governments

The first 10 amendments to the Constitution make up the Bill of Rights. James Madisonwrote the amendments, which list specific prohibitions on governmental power, in response to calls from several states for greater constitutional protection for individual liberties. For example, the Founders saw the ability to speak and worship freely as a natural right protected by the First Amendment. Congress is prohibited from making laws establishing religion or abridging freedom of speech. The Fourth Amendment safeguards citizens right to be free from unreasonable government intrusion in their homes through the requirement of a warrant.

The Bill of Rights was strongly influenced by the Virginia Declaration of Rights, written by George Mason. Other precursors include English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties.

One of the many points of contention between Federalists, who advocated a strong national government, and Anti-Federalists, who wanted power to remain with state and local governments, was the Constitutions lack of a bill of rights that would place specific limits on government power. Federalists argued that the Constitution did not need a bill of rights, because the people and the states kept any powers not given to the federal government. Anti-Federalists held that a bill of rights was necessary to safeguard individual liberty.

Madison, then a member of the U.S. House of Representatives, altered the Constitutions text where he thought appropriate. However, several representatives, led by Roger Sherman, objected, saying that Congress had no authority to change the wording of the Constitution. Therefore, Madisons changes were presented as a list of amendments that would follow Article VII.

The House approved 17 amendments. Of these, the Senate approved 12, which were sent to the states for approval in August 1789. Ten amendments were approved (or ratified). Virginias legislature was the final state legislature to ratify the amendments, approving them on December 15, 1791.

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Bill of Rights (1791)

(GA Recorder) A Fulton County special grand jury is in full swing in its investigation into attempts to overturn the 2020 presidential election in favor of Donald Trump with the latest string of subpoenas targeting Republican U.S Sen. Lindsey Graham and former Trump attorney Rudy Giuliani and other Trump advisors.

The South Carolina senator and seven lawyers with ties to Trump and his campaign were subpoenaed last week for the Fulton investigation into whether Trump and his allies illegally interfered in the election that Democrat Joe Biden won by fewer than 12,000 votes.

Even though the latest round of subpoenas say the witnesses should be ready to appear in Fulton as early as Tuesday, dont expect them to show up at the Fulton County Courthouse that day.

Graham, for one, has vowed to fight his summons, arguing that his calls were made in his capacity as a member of the Senate Judiciary Committee.

Attorneys John Eastman, Kenneth Chesebro, Jacki Pick Deason, and Jenna Ellis have also been summoned to talk about the legal strategies used while trying to block Bidens certification. The court filings say it appears the Trump campaign relied on unfounded claims of massive voting fraud and legal landmines.

At a December 2020 state Senate committee meeting, Giuliani, Eastman and several other Trump-affiliated attorneys declared they had overwhelming evidence of voter fraud and Eastman told lawmakers that they could legally replace the Democratic Partys slate of presidential electors who were already certified.

Since May 27, the jury has often heard from witnesses deemed more open to speaking with prosecutors and the chances of more reluctant witnesses increases as the investigation involves people with close ties to Trump.

A large number of people have already testified, including Secretary of State Brad Raffensperger and his offices staff, GOP Attorney General Chris Carr, Democratic Secretary of State candidate Bee Nguyen and Democratic Attorney General nominee Jen Jordan. Nguyen and Jordan are state legislators who gained national attention for challenging accusations of rigged elections laid out at infamous legislative meetings.

Republican Gov. Brian Kemp, who repeatedly refused pressure from Trump and others to call lawmakers to a special legislative session to overturn the election results, is set to record a statement for the jury on July 25.

Georgia State University Professor of Law Clark Cunningham said some of the most interesting revelations in the subpoenas involve a second phone call between Graham and Raffensperger and accusations that Trumps attorney Chesebro worked with Georgia GOP Party leaders, including Chairman David Shafer, on the illegitimate electoral vote.

The fake elector selection process appears to have been so micromanaged that Chesebro provided a template for the documents used in the Dec. 14 meeting, Cunningham said.

A real question becomes which side of the scam was David Shafer on, he said. Was he an innocent victim or was he on the other side of perpetrating fraud?

Meanwhile, some of the witnesses sought for the Fulton investigation are overlapping with the Jan. 6th House Congressional committee proceedings, including Eastman, who pleaded the Fifth Amendment during his Jan. 6th testimony.

The U.S. District Court judge in California who ordered Eastman to turn over documents to the Jan. 6th committee said its more likely than not that Trump and his lawyer attempted to obstruct a congressional proceeding and tried to defraud the United States by interfering with the election certification process.

In contrast to a typical grand jury, the 23 members on the special grand jury do not have the power to indict anyone but can make recommendations to Willis, who initiated the investigation in response to a January 2021 recorded phone call when Trump asked Raffensperger to find enough votes to secure his win.

Trump attorney Cleta Mitchell was also on that call and was summoned last week to testify about it.

Cunningham said that if a grand jury subpoena is issued to Trump, it would set off legal challenges. And even if Trump was ordered to appear, Cunningham said hes not sure anything he might say will add to the former presidents long record of public statements and the volume of documents and testimony presented to jurors.

Given the amount of resources that would be involved in trying to enforce a subpoena and the risks that it would somehow bring everything to a halt, if I were (Willis) I certainly would not be in a hurry to do it, he said. The grand jury could certainly issue an indictment against the former president without having him appear as a witness.

Because another secretary of state employee was on at least one of the calls between Graham and Raffensperger, there could be corroboration that Raffenspergers public account of the call was true versus the South Carolina senators public statements that he was merely trying to understand Georgias election law and absentee ballot rules, Cunningham said.

Willis has said the investigation could lead to criminal charges spanning election fraud, conspiracy, racketeering, making false statements to state or local officials, and for involvement in violence or making threats in elections.

Originally posted here:
Fulton grand jury probe of 2020 election conduct zeroes in on Trump's inner circle - Now Habersham

ALBUQUERQUE, N.M. An Albuquerque police detective who was once recognized as one of the best is suspended, now hes suing the city claiming its retaliation.

Detective Jesse Carter claims that some of his fellow officers were violating a suspects constitutional rights, and now he claims hes facing backlash for a case from over two years ago.

Detective Carter was the 2011 non-uniformed Officer of the Year for the Albuquerque Police Department. But then, in late 2020 he was suspended.

Now in a lawsuit filed Friday, Carter alleges he was wrongfully suspended in retaliation for raising concerns about what he called unethical and illegal conduct by his fellow homicide detectives.

In March 2020, Carter was told to review the murder of Jacqualine Vigil a mother of two state police officers.

In Carters review he found and later reported the officers in the case violated the murder suspects Fifth Amendment rights after not reading him his Miranda rights and ignoring his request for counsel.

The lawsuit alleges shortly after this report, Carter was reassigned to a U.S. Marshalls task force and later notified of an internal investigation of his actions on a case from 2019.

In that case, APD wrongfully arrested 17-year-old Gisell Estrada for murder.

Carter was the lead investigator on the case and Estrada spent six days behind bars for crimes she didnt commit.

She filed her own lawsuit against the city for her wrongful arrest and has settled another lawsuit with Albuquerque Public Schools.

Carter now says he was suspended for 32 hours because of the wrongful arrest, but he claims the city didnt follow the contract with the police union to take action no later than 90 days after the incident.

The union says the suspension never shouldve happened.

Carter is now suing for damages.

KOB 4 reached out to the city and APD for comment. A spokesperson with APD said they will get back to us.

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Suspended APD detective sues city alleging retaliation - KOB 4