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Tag: lawsuit

Former Watergate Attorney: Trump Invoking Fifth Amendment Would Be ‘Political Suicide’

Former Watergate prosecutor Jill Wine-Banks.

By Steve Neavling
Ticklethewire.com

A former Watergate prosecutor warned that President Trump would commit “political suicide” if he invokes his Fifth Amendment right against self-incrimination in the lawsuit filed by pornographic film star Stormy Daniels.

“He cannot take the Fifth Amendment,” Jill Wine-Banks said on MSNBC. “That would be political suicide.”

Her comments follow news that longtime Trump attorney Michael Cohen plans to invoke the Fifth Amendment to avoid depositions and disclosing sensitive information that could be used against him in the criminal investigation.

“Michael Cohen can take the Fifth Amendment,” Wine-Banks said. “But the president of the United States cannot say, ‘I can’t answer questions because they might incriminate me in another matter.’ That just is not politically acceptable.”

Daniels filed a lawsuit against Cohen to get out of a nondisclosure agreement i which Cohen said he paid her $130,000 to stay quiet about an affair she said she had with Trump.

Michael Cohen, the longtime personal attorney of President Trump, plans to invoke his Fifth Amendment right to avoid testifying in a lawsuit filed against the president by pornographic film star known as Stormy Daniels.

Cohen, whose office, hotel room and home were raided by the FBI earlier this month as part of a criminal investigation by prosecutors in New York City, cited the probe in a court filing in California, where the lawsuit was filed, the New York Times reports. 

According to the filing, Cohen said if he’s called as witnesses in the lawsuit, “I will assert my 5th Amendment rights in connection with all proceedings in this case due to the ongoing criminal investigation by the F.B.I. and U.S. Attorney for the Southern District of New York.”

Cohen said he paid Daniels $130,000, which she said was meant to keep her quiet about claims that she had an affair with Trump in 2006.

By invoking the Fifth Amendment, Cohen won’t be subjected to depositions and be forced to disclose sensitive information that could be used against him in the criminal investigation.

Cohen to Invoke Fifth Amendment in Lawsuit by Stormy Daniels

Longtime Trump attorney Michael Cohen.

By Steve Neavling
Ticklethewire.com

Michael Cohen, the longtime personal attorney of President Trump, plans to invoke his Fifth Amendment right to avoid testifying in a lawsuit filed against the president by pornographic film star known as Stormy Daniels.

Cohen, whose office, hotel room and home were raided by the FBI earlier this month as part of a criminal investigation by prosecutors in New York City, cited the probe in a court filing in California, where the lawsuit was filed, the New York Times reports

According to the filing, Cohen said if he’s called as witnesses in the lawsuit, “I will assert my 5th Amendment rights in connection with all proceedings in this case due to the ongoing criminal investigation by the F.B.I. and U.S. Attorney for the Southern District of New York.”

Cohen said he paid Daniels $130,000, which she said was meant to keep her quiet about claims that she had an affair with Trump in 2006.

By invoking the Fifth Amendment, Cohen won’t be subjected to depositions and be forced to disclose sensitive information that could be used against him in the criminal investigation.

Manafort Sues DOJ, Claims Special Counsel Probe Exceeded Authority

Former Trump campaign chairman Paul Manafort.

By Steve Neavling
ticklethewire.com

President Trump’s former campaign manager, Paul Manafort, filed suit against the Justice Department, arguing the special counsel investigation has exceeded its authority by indicated him on charges unrelated to the presidential campaign. 

Manafort, who also sued Special Counsel Robert Mueller and Deputy Attorney General Rod Rosenstein, said his indictment on conspiracy and money laundering charges are unrelated to whether Trump’s campaign colluded with Russia to undermine the presidential election.

Therefore, Manafort alleges in the suit. Mueller does not authorize the special counsel “carte blanche to investigate and pursue criminal charges in connection with anything he stumbles across while investigating, no matter how remote.” 

Rod Rosenstein, deputy attorney general.

Rosenstein appointed Mueller in May to investigate allegations that Trump’s campaign colluded with Russia.

Manafort and his former campaign aide Rick Gates were charged in October and originally placed on house arrest.

Rosenstein’s lawsuit seeks to stop Mueller from investigating issues that are unrelated to Russian and alleged collusion.

“Mr. Mueller’s investigation of Mr. Manafort has extended far beyond links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump,” the lawsuit states. “The investigation has focused on Mr. Manafort’s offshore business dealings that date back to as early as 2005—about a decade before the Trump presidential campaign launched—and have been known to the United States government for many years.”

The Justice Department dismissed the lawsuit as “frivolous.”

“But the defendant is entitled to file whatever he wants,” the Justice statement said, USA Today reports

Conservative Group Sues to Get Robert Mueller Fired

Special counsel Robert Mueller

By Steve Neavling
ticklethewire.com

A conservative watchdog group filed suit in an effort to remove Robert Mueller as special counsel appointed to investigate possible collusion between President Trump’s campaign team and Russia.

Freedom Watch alleges Mueller should be removed for “gross prosecutorial misconduct” because of leaks of grand jury information and because of “obvious conflicts of interest among staff,” The Hill reports.

“Robert Mueller is not a ‘man of integrity’ as the Washington, D.C., Democrat and Republican political establishment like to spin,” Klayman said in a statement. “He is just another pol who is representing his establishment benefactors in both political parties who want to see the presidency of Donald Trump destroyed.”

In addition, the complaint alleges Mueller has politicized the investigation by relying on Democrats to assist in the probe.

Appeals Court: Border Patrol in Ohio Didn’t Target People Who Looked Hispanic

File photo of a Border Patrol agent.

File photo of a Border Patrol agent.

By Steve Neavling
ticklethewire.com

Border Patrol agents in Ohio did not racially discriminate several Hispanic people who were stopped by the Sandusky Bay Station, according to a federal appellate court.

The U.S. Court of Appeals for the Sixth Circuit in Cincinnati upheld a lower court’s ruling that the complainants failed to prove people were targeted because they look Hispanic, the Toledo Blade reports

the Farm Labor Organizing Committee and Immigrant Worker Project claimed in a lawsuit that agents targeted Hispanics for stops and detention and uttered racist terms.

The Blade wrote:

o prove that the agency has such a policy, the plaintiffs needed to show that there was a formal policy, that there was a policy of inadequate training or supervision, that decision makers allowed illegal actions, or that it has a custom of “tolerating violations of federal law.”

The plaintiffs didn’t argue that there was a formal policy or inadequate training. But the court also ruled that high-ranking decision makers testified that they do not allow racial profiling. A pair of agents testified that they could use race as a factor, but not the only consideration for a stop.

“Neither of these agents, however, testified that he ratified anyone else’s use of race as a factor in determining whom to approach,” the court wrote.

The court also ruled that four encounters by Hispanic persons with Border Patrol agents were allowable, because other factors were used besides race to initiate the stop. 

Other Stories of Interest

Teen Killed by Liquid Meth After Border Agents Tell Him to Drink It


By Steve Neavling
ticklethewire.com

Cruz Velazquez Acevedo was just 16 years old when he began screaming in pain and convulsing after drinking liquid methamphetamine shortly after crossing the U.S. Mexico border to San Diego.

Teen drinks liquid meth after Border Patrol agents told him to prove he didn't have drugs in the bottle.

Teen drinks liquid meth after Border Patrol agents told him to prove he didn’t have drugs in the bottle.

According to a lawsuit filed about three-and-a-half years after his death, Border Patrol agents told Acevedo to drink the amber-colored liquid to prove it wasn’t laced with drugs, the Washington Post reports

A surveillance video shows Acevedo taking four sips from a drink he insisted was apple juice.

“My heart! My heart!” he screamed before dying two hours later, according to court records.

The U.S. has agreed to pay Acevedo’s family $1 million win the wrongful-death lawsuit filed against the agency and two border officers.

His family’s attorney, Eugene Iredale, acknowledged Acevedo broke the law, but he said, “It wasn’t a death penalty case.”

“To cause him to die in a horrible way that he did is something that is execrable.”

Congressional Democrats to Sue Trump over Foreign Payments to His Businesses

US CapitolBy Steve Neavling
ticklethewire.com

Nearly 200 Democratic members of Congress are planning to file a federal lawsuit today accusing President Trump of violating the Constitution by accepting money from foreign governments for his business empire.

The suit alleges Trump violated the Foreign Emoluments Clause, who prohibits the president from accepting payments from foreign governments without congressional consent, the New York Times reports. 

At least 184 members of Congress have already signed the draft complaint, as of Tuesday evening.

Among the allegations is that Trump is profiting from foreign diplomats who stay in his hotels.

“The founders ensured that federal officeholders would not decide for themselves whether particular emoluments were likely to compromise their own independence or lead them to put personal interest over national interest,” the lawsuit states. “An officeholder, in short, should not be the sole judge of his own integrity.”

It is the third such lawsuit alleging that Trump is using his leadership position to profit from foreign governments.

Twitter Sues Homeland Security to Protect Anonymity of Trump Critic

twitter-birdBy Steve Neavling
ticklethewire.com

Twitter is suing Homeland Security after it threatened court action if the social media giant didn’t reveal the identity of a Twitter account – “@ALT_uscis” or “Alt Immigration” – that has been critical of the Trump administration.

The lawsuit alleges Homeland Security received a summons demanding the name, login information, phone number, mailing address and IP address of the Twitter user, NPR reports.

Twitter ignored Homeland Security’s request to not reveal the summons and instead wants a federal court to declare the summons “unlawful and enforceable.”

The account is one of several “rogue” accounts believed to be created by anonymous employees of the federal government, though that has not been confirmed. The Associated Press reports that they were told the account was run by “employees and former employees of the agency.”

Lawyers for Twitter said the summons violates the First Amendment rights of @ALT_uscis and is therefore unenforceable.

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