All articles tagged with #fifth amendment
Annie Tomasini, a Biden aide, invoked the Fifth Amendment during a House panel investigation into President Biden's mental fitness and use of a presidential autopen, becoming the third official to do so, amid ongoing inquiries and criticism from committee members.
A growing number of top aides in President Biden's administration are invoking the Fifth Amendment amid a broad investigation involving subpoenas and legal threats, highlighting the legal challenges faced by the White House officials.
Dr. Kevin O’Connor, President Biden’s former White House physician, refused to answer questions in a House Republican investigation into Biden’s health, citing his Fifth Amendment rights, amid claims about Biden’s mental fitness and the use of the White House autopen. The investigation aims to scrutinize Biden’s health and decision-making while in office, but critics dismiss it as a partisan effort.
Jeffrey Clark, a lawyer whom Trump wanted to lead the Justice Department, repeatedly invoked his Fifth Amendment right during a disbarment hearing related to his involvement in attempts to overturn the 2020 election. Clark faces criminal charges in Georgia and is also an unindicted co-conspirator in a federal election interference case against Trump. Former acting Attorney General Jeff Rosen testified that Clark was seeking to investigate election conspiracy theories "nowhere in his lane," and that his lack of experience was highlighted during a standoff in the Oval Office.
A D.C. appeals court panel ruled that the attempt by D.C. bar authorities to subpoena documents from former Justice Department attorney Jeff Clark, potentially leading to his disbarment, would violate his Fifth Amendment rights. Clark is facing criminal charges in Georgia for his involvement in Trump's efforts to overturn the 2020 election. The court panel agreed that the subpoena would force Clark to effectively testify against his will, violating his Fifth Amendment right against self-incrimination. This ruling is the latest setback for bar authorities attempting to discipline Clark for his role in Trump's schemes.
The House Ethics Committee has subpoenaed Rep. Matt Gaetz's ex-girlfriend, a key witness in the federal investigation into the Florida lawmaker, who is expected to plead the Fifth Amendment during her testimony later this month. She has been linked to Gaetz since 2017, a time when he is accused of having sexual contact with a 17-year-old. The ex-girlfriend was granted immunity in the federal probe and testified before a grand jury in January 2022, but no charges were brought against Gaetz, who has denied any wrongdoing.
Former President Donald Trump faces a "Hobson's choice" in his civil fraud trial in New York, where he could either answer questions and risk perjury or plead the Fifth Amendment and face negative implications. Trump's meandering testimony and potential inconsistencies could get him into serious trouble if he takes the stand, while his silence could be interpreted unfavorably under New York state law. Prosecutors may ask Trump about criminal cases against him to establish his credibility as a known liar, and he may strategically choose to plead the Fifth in response.
Conservative attorney George Conway advises Donald Trump to reconsider pleading the Fifth Amendment in his civil fraud trial, as it may make him appear guilty to the judge or jury. Conway explains that while defendants in criminal cases can refuse to testify against themselves without guilt being inferred, in civil cases, the defendant's silence can lead to adverse findings. Conway also suggests that Trump may be concerned about his children and business associates testifying and potentially admitting wrongdoing. Additionally, Conway highlights the potential impact of the trial on Trump's business empire, including the possibility of having to sell off assets like Mar-a-Lago if a previous ban on conducting business in New York is upheld.
In the election lawsuit challenging the results of Bridgeport's Democratic mayoral primary, key witnesses Wanda Geter-Pataky and Eneida Martinez invoked their Fifth Amendment right against self-incrimination and refused to answer questions about their alleged involvement in mishandling absentee ballots. Video evidence was presented showing Geter-Pataky and Martinez handling ballots and escorting people to drop boxes. The lawsuit aims to overturn the primary results, and the footage may also be part of ongoing investigations by the State Elections Enforcement Commission. Additionally, Maurice Nelson, Bridgeport's absentee ballots moderator, testified that many envelopes lacked the town clerk's signature, potentially violating state election laws.
Former Trump prosecutor Mark Pomerantz invoked his Fifth Amendment rights during his deposition before the House Judiciary Committee on Friday, slamming the GOP-led panel’s investigation as “political theater” in his opening statement. Pomerantz, who investigated Trump at the Manhattan District Attorney’s Office, said he was appearing before the committee “as required” because “I respect the rule of law,” before issuing a sharp rebuke of the panel’s probe and disclosing his intent to plead the Fifth.
Former prosecutor Mark F. Pomerantz appeared before the House Judiciary Committee for a deposition but declined to answer many of its questions about the prosecution of former President Donald Trump on charges of falsifying business records, citing privilege and the confidentiality of the pending case. Pomerantz repeatedly cited New York law protecting the privacy of active investigations and said he had been threatened with possible prosecution for violating the secrecy of the grand jury process if he answered certain questions.
Mark Pomerantz, the former prosecutor who oversaw Manhattan's investigation of former President Donald Trump, repeatedly invoked the Fifth Amendment during a closed-door deposition with the House Judiciary Committee. Republican lawmakers on the committee said they were not getting many answers from Pomerantz, who left Manhattan District Attorney Alvin Bragg's office after disagreements over the direction of the Trump investigation. Pomerantz was subpoenaed by the Republican-controlled House committee, which is probing how Bragg handled Trump's historic indictment.
The US Supreme Court is considering the appeal of a 94-year-old Minnesota woman who lost her home over a small unpaid tax bill and received no compensation. The practice, known as "home equity theft," is legal in roughly a dozen states that allow municipalities to seize and sell a property and keep the entirety of earnings, regardless of the value of the outstanding tax bill. Many justices suggested the practice could run afoul of the Fifth Amendment's prohibition against government taking private property without "just compensation." A decision in the case is expected by the end of June.
Donald Trump spent nearly seven hours answering questions in New York as part of his second deposition in the $250 million business fraud lawsuit against his company by New York Attorney General Letitia James. Legal experts have questioned why he did not invoke the Fifth Amendment to protect himself against self-incrimination. Lawyer and MSNBC legal analyst Katie Phang called it a "colossal mistake" for Trump to testify, while former federal prosecutor Renato Mariotti found it "interesting" that Trump did not take the Fifth this time. Trump has been charged with a crime as part of Manhattan District Attorney Alvin Bragg's investigation into allegations of falsified business records.
The FBI seized $40,200 in cash from a couple's deposit box during a raid in March 2021, but has not explained why it is still holding their money. The couple has filed a lawsuit with the Institute for Justice, accusing the FBI of violating the Fifth Amendment. The raid on US Private Vaults in Beverly Hills resulted in the seizure of more than $86 million in cash, jewelry, and gold from 1,400 safe-deposit boxes held by hundreds of people who were not suspected of any crimes. The FBI sent forfeiture notices to hundreds of box holders, including the couple, telling them that the government wanted to take their property forever, even though they were not named in the indictment against the company.