New filing yesterday in #MahmoudKhalil's case: Petitioner’s Supplemental Brief Regarding Vagueness Claims
The #Trump policy of targeting #noncitizens who speak out for #Palestinian rights & #MarcoRubio's use of the "foreign policy ground" for #deportation are impermissibly vague, & violate #FirstAmendment & #FifthAmendment rights.
https://storage.courtlistener.com/recap/gov.uscourts.njd.564334/gov.uscourts.njd.564334.233.0.pdf
"the #FifthAmendment expressly states that “No *person* shall … be deprived of life, liberty, or property, without due process of #law….”...
You don’t have to be a lawyer to understand that this means everyone in the #US... is entitled to #DueProcess. To say you “don’t know” whether you can agree w/the clear language of the #5thAmendment means you aren’t even trying to defend the #Constitution. Rather, you are dismissing and defying it."
- @jaykuo
Judge #BerylHowell struck down in its entirety #Trump's punitive #ExecutiveOrder targeting #LawFirm #PerkinsCoie as a violation of the US #Constitution's protections for #FreeSpeech & #DueProcess.
https://storage.courtlistener.com/recap/gov.uscourts.dcd.278290/gov.uscourts.dcd.278290.184.0.pdf
Refreshing! Rep. Jasmine Crockett roams a Congressional back room where our Democratic reps from both houses are hanging out, getting comments on the recent Republican attacks on due process. A refreshing use of social media. LOVE the passion here!
Bipartisan lawmakers, Wabanaki leaders propose next change to Settlement Act
by Emma Davis
Fri, April 4, 2025
"A bipartisan group of lawmakers presented legislation on Friday to prevent the state from being able to seize #Wabanaki land for public use without consultation.
"For the past several Legislative sessions, leaders of the Wabanaki Nations have worked with lawmakers to try to overhaul the 1980 #MaineIndianClaimsSettlementAct that has resulted in the tribes being treated more akin to municipalities than #SovereignNations.
"So far, sweeping change has failed due to opposition from Gov. #JanetMills, but the executive, lawmakers and Wabanaki leaders have successfully made some targeted adjustments, including expanding tribal authority to prosecute crimes last year.
"#LD958 represents the next area of focus, although an omnibus bill is still expected to be considered during the second regular session of the Legislature next year.
"Sponsored by House Minority leader Billy Bob Faulkingham (R-Winter Harbor) and bipartisan co-sponsors, LD 958 would amend the #SettlementAct and the 2023 #MikmaqNationRestorationAct — as the Mi’kmaq Nation hadn’t been included in the earlier act — to prohibit eminent domain, a protection already afforded to almost all other federally recognized tribes.
" 'Much of our land contains irreplaceable cultural, spiritual and ecological resources,' said #Passamaquoddy Tribal Rep. Aaron Dana, a co-sponsor of the bill who sits on the Judiciary Committee. 'This bill ensures those places are safeguarded and are not subject to #destruction or #appropriation. Too often in our history, our #TribalLands have been taken, divided and exploited under the guise of progress.'
"The U.S. government can seize private property for public use, known as eminent domain, however that authority is restricted by the #FifthAmendment U.S. Constitution, which requires just compensation for land taken, as well as some federal laws.
"Rep. Rachel Henderson (R-Rumford), a co-sponsor who sits on the Judiciary Committee, questioned whether the bill is in conflict with the Constitution. It is not, Faulkingham, tribal leaders and attorneys explained, because the Constitution outlines when eminent domain can be exercised but not that it can’t be further restricted.
" 'There’s nothing in the Fifth Amendment that prohibits a state from enacting laws that says we won’t do that,' Faulkingham said.
"LD 958 applies to land protected under federal law — trust and reservation land — but fee lands — private property for which the owner owns the title — would still be subject to state power of eminent domain. A constitutional amendment allows states to condemn individually owned plots within tribal reservations.
"Maine has seized Wabanaki land from the start of their intertwined histories, as the state territory today had first been inhabited by the Wabanaki people."
Read more:
https://www.yahoo.com/news/bipartisan-lawmakers-wabanaki-leaders-propose-204713964.html
#MaineSettlementAct #FirstNations #WabanakiConfederancy
#MaineFirstNations #Maine #MainePol #NativeAmericanNews #LandTheft
#PenobscotNation #PassamaquoddyTribe #HoultonBand of #Maliseets #MikmaqNation #Dawnland #TribalSovereignty
Excellent idea to use the #FifthAmendment argument. Years of trans servicemembers show that there is no basis for Republican efforts to ban them now.
The #DOJ in a filing requested that #SCOTUS lift Seattle-based US Judge District Benjamin Settle's nationwide order blocking the #military from carrying out #Trump's prohibition on #transgender service members while a #legal challenge to the policy proceeds. Settle found that Trump's executive order likely violates the U.S. #Constitution's #FifthAmendment right to #equal #protection under the #law.
#CivilRights #HumanRights #TransgenderRights #EqualRights #democracy #LGBTQ+ #Equality
The Legal Grey Area of Biometrics vs. Passcodes in Digital Privacy
As smartphone searches by law enforcement become more common, the debate over whether biometrics or passcodes offer better protection intensifies. Legal experts weigh in on the implications of using b...
https://news.lavx.hu/article/the-legal-grey-area-of-biometrics-vs-passcodes-in-digital-privacy
"It is well established that the #FifthAmendment entitles aliens to #DueProcess of #law" in the context of removal proceedings.…So, detainees are entitled to notice & opportunity to be heard "appropriate to the nature of the case."…More specifically … #AEA detainees must receive notice…that they are subject to removal under the Act. The notice must be afforded within a reasonable time & in such a manner as will allow them to actually seek #habeas relief….
https://www.youtube.com/watch?v=DwW0061KdQ8
#BrianTylerCohen and #GlennKirschner
Trump pulls BOMBSHELL stunt, shocks the world
The Constitution Study podcast: 464 - Permitting for Profit https://buff.ly/G9QiQOn #Constitution #law #FifthAmendment #takings
“This is what is important: It does not matter if you approve of Khalil’s views…If the state can deprive an individual of his freedom just because of his politics, which is what appears to have happened here, then no one is safe. You may believe that Khalil does not deserve free speech or due process. But if he does not have them, then neither do you. Neither do I.” By @adserwer. Free Mahmoud Khalil. #FirstAmendment #FifthAmendment
https://www.theatlantic.com/ideas/archive/2025/03/mahmoud-khalil-ice-detention/682001/
The last option should read "I decline to answer the question under the rights and privileges afforded to every citizen under the United States Constitution". That one is a real Trump quote. #fifthamendment
There's a hashtag you should add to this. Is it #FifthAmendment ? #FifthAmendmentFriday?
EDIT: It is of course #STFUFriday
Remember kids, in the US you can be legally compelled to submit biometrics to unlock and decrypt devices, but CANNOT be compelled to submit passwords to decrypt a device (unless the court can invoke the Forgone Conclusion Doctrine).
I am however surprised they haven't yet cracked this, or purchased the appropriate exploit toolkit.
https://www.theverge.com/2024/10/2/24260626/fbi-eric-adams-locked-phone-forgotten-changed-password
After Steward went bankrupt under de la Torre's leadership while he was paid hundreds of millions of dollars, he was subpoenaed to testify before Congress about the bankruptcy. He refused to appear on #FifthAmendment grounds, i.e., the right against self-incrimination.
In response, the Senate issued a finding of civil contempt and recommended criminal contempt prosecution to the Department of Justice.
(continued)
Witness Testimony: Kenneth “Lil Woody” Copeland’s testimony has been a focal point. Initially refusing to testify, he agreed after being arrested for carrying a gun in 2021 and after an ex parte meeting with the judge and prosecutors3.
#ysl #youngthug #youngslimelife
Wouldn't we all? #fifthamendment
#Cops can force suspect to unlock phone with #thumbprint
#US #Constitution's #FifthAmendment protection against #selfincrimination does not prohibit #police officers from forcing a suspect to unlock a phone with a thumbprint scan, liking it to "blood draw or fingerprint taken at booking."
"When Officer [...] thumb to unlock his phone—which he could have accomplished even if Payne had been unconscious—he did not intrude on the contents of Payne's mind," the court also said
https://arstechnica.com/tech-policy/2024/04/cops-can-force-suspect-to-unlock-phone-with-thumbprint-us-court-rules/
An impeachment and removal does not activate the #doublejeopardy clause of the #FifthAmendment. The ex-officer may face #criminal indictments and trials for the same conduct that led to their impeachment and removal from office.
So no, #trump ’s lawyers are not going to “get one over” on the judicial system because of his dementia fueled “fix this” tantrum!
