By Peter Van Buren, TomDispatch Thanks to a much contested, recently released but significantly redacted Justice Department white paper providing the basis for the extrajudicial killing of American citizen Anwar al-Awlaki, we finally know the president in Post-Constitutional America is officially judge, jury, and executioner.
Yves here. This post on the Administration's efforts to justify its official policy of murder by drone shows how due process is dead in America. That may seem a bit far afield of Naked Capitalism's beat. But the systematic assault on...Show More Summary
By Peter Van Buren via Tomdispatch.com You can’t get more serious about protecting the people from their government than the Fifth Amendment to the Constitution, specifically in its most critical clause: “No person shall…
This story first appeared on the TomDispatch website. You can't get more serious about protecting the people from their government than the Fifth Amendment to the Constitution, specifically in its most critical clause: "No person shall be... Show More Summary
Sen. Rand Paul (R-Ky.) today announced he has introduced the FAIR (Fifth Amendment Integrity Restoration) Act to add a bit more due process to the system by which federal prosecutors seize citizens' assets, often before ever provingShow More Summary
Cross-posted with TomDispatch.com You can't get more serious about protecting the people from their government than the Fifth Amendment to the Constitution, specifically in its most critical clause: "No person shall be... deprived of...Show More Summary
You can't get more serious about protecting the people from their government than the Fifth Amendment to the Constitution, specifically in its most critical clause: "No person shall be... deprived of life, liberty, or property, without due process of law"...
If ever a federal agency has made ineptitude into an art form, it has to be the IRS. After months of stonewalling and grandstanding and Fifth Amendment privilege pleading before congressional committees, Lois Lerner and the IRS are now the subject of a federal lawsuit.
The NSA sits at the nexus of violations of both the Fourth and Fifth Amendments with a legal dodge called Parallel Construction. Parallel Construction is a technique used by law enforcement to hide the fact that evidence in a criminal case originated with the NSA. Show More Summary
There are no footnotes in the Fifth Amendment, no secret memos, no exceptions. Those things were unnecessary, because in what Lincoln offered to his audience as “a government of the people, by the people, for the people,” the government was made up of us, the purpose of government was to serve us, and the government was beholden to us. Show More Summary
¬Nor shall any person... be deprived of life...without due process of law. Fifth Amendment to the U.S. Constitution It had been an exciting spring for the drones. Notwithstanding ongoing reports of civilians in Pakistan and other countries being accidentally killed by drones, there was some good news. Show More Summary
The Fifth Amendment to the U.S. Constitution says: No person shall … be deprived of life, liberty, or property, without due process of law …. So how did the legal memorandum “justifying” assassination of U.S. citizens by drone try to sidestep the Fifth Amendment? It relied on reasoning from two countries that don’t have any constitution. Show More Summary
Although former IRS official Lois Lerner refuses to speak, pleading the fifth amendment, her attorney spoke on her behalf regarding the controversy over two years of missing IRS emails. William Taylor III said that accusations by Republicans...Show More Summary
Contrary to popular belief, the Fifth Amendment is not the one that repealed Prohibition. And, contrary to popular belief, the Fifth Amendment is not what we’re talking about today. (Hey, I had a snappy opening joke to go with the Fifth Amendment but nothing for the Sixth Amendment. You wanted I should let it go […]
It's been one year since the Supreme Court handed down its decision in Windsor, striking down part of the Defense of Marriage Act as an unconstitutional "deprivation of the liberty of the person protected by the Fifth Amendment of the Constitution." Justice Anthony Kennedy's legally vague, but passionately worded opinion......
The U.S. Supreme Court unanimously smacked down the Illinois Supreme Court in President Barack Obama’s home state for violating the Fifth Amendment. Almost always the Supreme Court chooses to take a case (called granting a writ of certiorari) from a federal appeals court or a state supreme court by setting the case for briefing and argument. Show More Summary
In 2013, I filibustered the nomination of CIA Director John Brennan. I did so to defend a core constitutional principle that has made America a leader among nations for as long as we have been a nation—the right to due process. I wanted to know if President Obama believed he had the power to kill an American citizen without due process. Show More Summary
Last night the House of Representatives voted to hold former IRS official Lois Lerner in contempt of Congress, on the grounds that she had asserted her Fifth Amendment right to refuse to answer their questions, thereby depriving them of the opportunity for what they hoped would be some spectacular grandstanding. You might think that a […]
Wednesday the House of Representatives voted to hold Lois Lerner in contempt of Congress for invoking her Fifth Amendment right to avoid self-incrimination. For a party who claims to believe in the US Constitution, they certainly have...Show More Summary
Lois Lerner was just held in contempt of congress for exercising her fifth amendment rights. Shorter House GOP: “Look, Constitution. I only beat you because I love you so much.”