While the Fifth Amendment protects against self-incrimination, there is nothing illegal about law enforcement compelling a suspect to unlock their phone by fingerprint.
The FBI recently spent more than $1 million for assistance in decrypting a device's contents. It may have overpaid. Alternatives exist, whether it's a $5 wrench or indefinite imprisonment for not helping the government with its prosecution...Show More Summary
Joseph Goldstein (J.D. 2016, Cardozo), Note, Taxing Legalized Marijuana: How Courts Should Treat Drug Tax Statutes in Light of the Fifth Amendment's Self-Incrimination Clause and Executive Non-Enforcement of the Controlled Substances Act, 37 Cardozo L. Rev. 793 (2015). Bryce Pfalzgraf, (J.D. 2015, Illinois), Note, Taxing the Keg: An Analysis on...
USA Today's Brad Heath has dug up another use for the FBI's now-infamous All Writs Act orders: skirting the Fifth Amendment. In a 2015 case currently headed to the Appeals Court, the government is attempting to use All Writs to force a defendant to unlock his devices. Show More Summary
On Monday, in Massachusetts, a judge partially stayed a defamation case against Bill Cosby brought by seven women and led by Tamara Green. The ruling will exempt him from “providing discovery while his criminal case is pending”—the criminal case in question being the one lodged in Pennsylvania by Andrea Constand. Read more...
Conservative political action committees (PACs) took a hit on the chin with the Fourth Circuit's determination that the 1971 FECA rules did not violate the Equal Protection Clause of the Fifth Amendment as to MPCs. In fact, if anything, the Act actually favors political committees. Summary Judgment against the PACs......
(Scott Johnson) Bryan Pagliano is the former State Department staffer who has now reportedly been granted immunity in the Clinton email investigation. This past September Pagliano asserted his Fifth Amendment right against self-incrimination before a congressional committee seeking his testimony. Show More Summary
Apple contends that creating the digital workaround would put an "unprecedented burden" on the company and violates the First Amendment and Fifth Amendment. The post Apple Moves To Vacate FBI’s Court Order, Says It’s Unconstitutional appeared first on ThinkProgress.
Apple just took its next swipe in the fight over unlocking a terrorist’s iPhone : a court order to vacate. The company is invoking the First and Fifth Amendments to argue that the court order it received to create a back door for the device is unconstitutional. The motion is embedded below. Read more...
Apple has a strong defense under the All Writs Act, as well as strong First, Fourth, and Fifth Amendment arguments.
Two weeks after invoking her Fifth Amendment rights at her brother's murder trial, the aunt of a teen girl charged with fatally shooting Endia Martin has been indicted on a federal weapons charge. Vandetta Redwood, 34, allegedly handed a revolver to the girl, then 14, and said, "Shoot the bitch!"...
This week, Martin Shkreli, former CEO of Turing Pharmaceuticals, invoked the Fifth Amendment before a House committee investigating the company's fiftyfold price increase of a decades-old drug.
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Martin Shkreli, hedge funder and pharmaceuticals profiteer, invoked his Fifth Amendment right not to testify on Thursday before the House Committee on Oversight. He also made a lot of smug faces, every one of which we would all like to punch.______________ Feigned benign pleasantness. ___________________ Sarcastic eagerness. ___________________ Feigned interest.... More »
Martin Shkreli appeared in front of a House Congressional committee today to discuss drug prices, and repeatedly exercised his Fifth Amendment right to not testify in order to avoid self-incrimination. Among the many questions he chose not to answer was one concerning the Wu-Tang Clan album that he purchased for millions of dollars. C-SPAN aired […]
Famously loathed pharmabro Martin Shkreli today was confronted by the only people in America liked less than him: members of Congress. He refused to testify at a hearing about jacking up drug prices, invoked the Fifth Amendment, smirked...Show More Summary
Martin Shkreli, infamously known as “Pharma’s Bad Boy,” repeatedly pleaded the 5th Amendment and refused to answer the questions posed by the Congress about the astronomical prices increase of Daraprim. Interim chief executive of pharmaceutical...Show More Summary
Lawmakers questioned drug company executives Thursday, focusing on pricing practices, and criticized Martin Shkreli for refusing to answer questions.
WASHINGTON -- Former price-gouging pharmaceutical company CEO Martin Shkreli asserted his Fifth Amendment right against self-incrimination at a congressional hearing Thursday, but still managed to convict himself of egregious douchebaggery...Show More Summary
Martin Shkreli, the former pharmaceuticals executive who sparked national outrage after it was discovered he price-gouged a drug by more than 5,000 percent, appeared before the House Oversight committee on Thursday for a hearing on pharmaceutical pricing. Show More Summary