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Dead Is Dead: Drone-Killing the Fifth Amendment

last monthNews : Truthdig

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.

Peter Van Buren: Drone-Killing the Fifth Amendment

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

Real-Life House of Cards: DOJ says President is Judge Jury & Executioner

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…

Another Casualty of the War on Terror: the Fifth Amendment

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 Wants to Make it Harder for the Feds to Take Your Stuff

last monthNews : Reason

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

Dead Is Dead: Drone-Killing the Fifth Amendment

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

Tomgram: Peter Van Buren, Undue Process in Washington

last monthNews : TomDispatch

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"...

IRS Scandal: Lies, Damned Lies, and Missing Hard Drives

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.

Parallel Construction: Unconstitutional NSA Searches Deny Due Process

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

Here’s How it is Legal for the Government to Kill an American Citizen

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

The Errant Drone and Other Tales

¬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

U.S. Relies On Law from Governments Which Don’t Even HAVE a Constitution to Justify Assassination of U.S. Citizens By Drone

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

Lois Lerner Attorney: It's ‘Silly’ to Think She Destroyed Emails

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

BOB INGERSOLL: THE LAW IS A ASS #318: BATMAN FLUNKS HIS TESTIMONY

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 […]

One Year After Windsor: The State of Same-Sex Marriage

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......

Supreme Court Unanimously Overturns Illinois Court on Fifth Amendment Rights

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

Exclusive--Sen. Rand Paul: With Barron Nomination, Does Obama Even Believe We Have a Fifth Amendment?

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

The five stages of GOP scandal-mongering: A reader’s guide

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 […]

GOP's McCarthy-Wannabes Hold Lois Lerner In Contempt Of Congress

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

Today’s Republican Display of Their Affinity for the Constitution

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.”

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