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Fifth Amendment

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NEWS
December 11, 1991
Among other things, the Fifth Amendment says no person can be compelled to "to be a witness against himself." Older Americans still think of it as the amendment disreputable characters invoked when being questioned by congressional committees. "Fifth Amendment Communist" was a cliche in the early years of the Cold War, when such investigators as Sen. Joseph McCarthy and Rep. Richard Nixon were engaged in what were called "witch hunts." The innuendo was that anyone refusing to answer incriminating questions about his or her politics or past associations was guilty of crimes against the nation.
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NEWS
July 1, 2014
The recent passing of Howard Baker provides significant contrasts as to how scandals are dealt with today ("Notable deaths elsewhere," June 27). Forty years ago, this country was engulfed in the monumental scandal of Watergate. What was initially proclaimed to be a third-rate burglary turned into a constitutional crisis that ultimately resulted in the resignation of a disgraced President Richard Nixon. This was due to the efforts of many people, but a substantial factor in the outcome was the persistence and skill of Howard Baker, a Republican senator from Tennessee.
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NEWS
By Gail Gibson and Gail Gibson,SUN STAFF | February 5, 2003
Attorneys for former state Sen. Michael B. Mitchell Sr. told a federal judge yesterday that Mitchell would invoke his Fifth Amendment right against self-incrimination if called to testify broadly in a racketeering case where he has been linked in testimony to the leaders of an alleged crime ring. Federal prosecutors had planned to call Mitchell as a witness in order to introduce a legal agreement, kept by Mitchell in his own files, that outlined the now-disputed ownership interests of a Baltimore County nightclub, which authorities say served as a base of operations for the crime ring in 2000.
BUSINESS
By Lorraine Mirabella, The Baltimore Sun | April 9, 2013
The nearly two dozen creditors of payroll firm AccuPay Inc. who jammed a hearing room in Baltimore's federal courthouse Tuesday left with no more answers than when they arrived. Bel Air-based AccuPay, which filed for Chapter 7 bankruptcy in March, is being investigated for allegedly defrauding clients, many of whom run small businesses in Harford County, by failing for years to remit their tax payments to federal and state tax collectors. The creditors meeting at the Edward A. Garmatz Federal Building, a routine step in the bankruptcy process, offered the first chance since the allegations came to light for creditors to get answers from owners of AccuPay, which shut down abruptly at the end of February.
NEWS
By LOS ANGELES TIMES | July 17, 1996
WASHINGTON -- A Senate committee voted yesterday to subpoena a central player in the White House FBI files case and force him to provide sworn testimony in a closed hearing later this week.Anthony Marceca, who said he will invoke his Fifth Amendment right against self-incrimination and refuse to answer questions, also was ordered to turn over to the Senate Judiciary Committee all of the government documents and computer disks he took home after serving as a temporary White House security official.
NEWS
By Dallas Morning News | September 13, 1995
WASHINGTON -- The FBI sniper who killed the wife of white separatist Randy Weaver declined to answer questions yesterday from a Senate subcommittee, invoking his Fifth Amendment right against self-incrimination.Senators and Justice Department officials took pains to say that FBI Agent Lon Horiuchi wanted to testify, but his attorney advised against it because of an investigation by a county prosecutor in northern Idaho."I think the Fifth Amendment is very often misunderstood," said Democratic Sen. Dianne Feinstein of California.
NEWS
By Lyle Denniston and Lyle Denniston,SUN NATIONAL STAFF | January 17, 1998
WASHINGTON -- Five decades after World War II, Nazi war crimes are still subject to trial in some foreign nations. Yesterday, the Supreme Court agreed to decide whether the risk of such a trial shields individuals in the United States from being forced to testify about possible ties to Nazi atrocities.The court took on the case of a native of Lithuania now living in New York who has refused to discuss his wartime past because he fears that such testimony could lead to a war-crimes trial in his homeland or in Israel.
NEWS
September 18, 1991
Convicted of serious crimes by a jury, Oliver North owes his freedom today to an appellate court's rigorously applying what conservatives used to call "technicalities" to free criminals. That's fine, but North's defenders should be aware that this case has significantly extended the protections of the Fifth Amendment -- the right against self-incrimination -- not just for North but for any similarly situated defendants in the future.One of the oddest aspects of the whole Iran-contra investigation and prosecution has been the incessant yammering of the Wall Street Journal about the high cost of prosecuting North and his fellow conspirators in their plot to subvert the United States government.
NEWS
By LOS ANGELES TIMES | March 19, 2006
WASHINGTON -- With the sentencing trial for Zacarias Moussaoui stumbling forward again, lawyers for the two sides were sharply at odds yesterday over when a government attorney would testify about why she tried to influence witnesses. The coaching efforts by Carla J. Martin of the Transportation Security Administration nearly shattered the prosecution's effort to have Moussaoui, who has pleaded guilty, receive the death penalty for his role in the Sept. 11 terrorist attacks. Defense lawyers want Martin on the stand as soon as tomorrow in the trial over whether Moussaoui, 37, should be executed or sentenced to life in prison.
NEWS
By Jules Witcover | February 13, 2002
WASHINGTON - If nothing else, former Enron boss Kenneth Lay and a number of his associates in the latest stock market scandal have dusted off and brought back an old expression that to many Americans has become the functional equivalent of "I'm guilty." That would be, of course, "taking the Fifth," as in the Fifth Amendment to the Constitution, which holds in part that no person "shall be compelled in any criminal case to be a witness against himself." Not since the days of the colorful communist-hunting and congressional hearings of the late 1940s and 1950s and the crime and labor racketeering investigations of the 1950s has refusing to testify on grounds of the Fifth Amendment been so in vogue.
NEWS
March 27, 2007
WORLD N. Ireland deal possible The two parties whose conflict fueled decades of violence in Northern Ireland met face-to-face for the first time yesterday and agreed to enter a power-sharing government on May 8. pg 1A Olmert pressed for peace talks Secretary of State Condoleezza Rice pressed Israeli Prime Minister Ehud Olmert yesterday to agree to peace talks that would include three issues that have bedeviled Middle East negotiations since 1979....
NEWS
By LOS ANGELES TIMES | March 19, 2006
WASHINGTON -- With the sentencing trial for Zacarias Moussaoui stumbling forward again, lawyers for the two sides were sharply at odds yesterday over when a government attorney would testify about why she tried to influence witnesses. The coaching efforts by Carla J. Martin of the Transportation Security Administration nearly shattered the prosecution's effort to have Moussaoui, who has pleaded guilty, receive the death penalty for his role in the Sept. 11 terrorist attacks. Defense lawyers want Martin on the stand as soon as tomorrow in the trial over whether Moussaoui, 37, should be executed or sentenced to life in prison.
NEWS
By Gregory Kane | July 30, 2005
IT WAS Life 101 yesterday in the trial of Jason T. Richards, who is one of four men charged with murdering 15-year-old Quartrina K. Johnson last summer. Quartrina's burning body was found in a Pikesville park one year ago this month. It was a week before she could be identified. In addition to Richards, three other men were charged. Ogden E. "G-Wizz" Coleman was found guilty last week and will be sentenced later this year. Michael Xavier Shelton and Eric Thomas "Ock" Watkins cut deals to have parts of their sentences suspended if they testified for the prosecution.
NEWS
June 28, 2005
Supreme Court deals a blow to property rights The Fifth Amendment took a big hit last week ("High court upholds eminent domain," June 24). It is one thing to condemn property for the purpose of constructing a public road. It is another thing for public authorities to condemn the property of one citizen so another citizen or private enterprise may profit from the location. Citizens and residents of this country will be at the mercy of wealthy developers and their armies of lawyers as a result of this ruling.
BUSINESS
By Eileen Ambrose and Eileen Ambrose,SUN STAFF | April 21, 2005
A federal judge froze the assets of AmeriDebt's founder yesterday, saying there is a possibility that Andris Pukke would transfer, conceal or spend money that could be returned to consumers if regulators prevail in their case against him. U.S. District Judge Peter J. Messitte in Greenbelt also ordered Pukke and his for-profit company, DebtWorks Inc., to make a full accounting of their assets and return funds in offshore accounts to the United States within...
NEWS
By Elizabeth Mehren and Elizabeth Mehren,SPECIAL TO THE SUN | June 20, 2003
WASHINGTON - For more than 40 years, William Bulger changed the subject when his brother's name was raised. That silence was broken yesterday when Bulger, president of the University of Massachusetts, testified before angry members of Congress about James "Whitey" Bulger, a Boston crime lord who disappeared in 1995 just as he was about to be indicted on murder, racketeering and extortion charges. William Bulger, the former president of the Massachusetts Senate and one of the most powerful political figures in the Northeast, denied knowing his brother's whereabouts, or having information that could help authorities find him. After invoking the Fifth Amendment and refusing to answer questions at a hearing in December, Bulger agreed to testify yesterday only under a grant of immunity.
NEWS
By ROGER SIMON | September 8, 1995
Both sides in the O. J. Simpson case have made plenty of mistakes.But whether she wins or loses (and who's kidding whom about whether Simpson is going to walk), Prosecutor Marcia Clark is not going to look back with much pride on how she handled Mark Fuhrman's invocation of this Fifth Amendment rights on Wednesday.There is, before we begin, one thing we should keep in mindabout the Fifth Amendment: It is a constitutional right. It is your right, my right, Mark Fuhrman's right and O. J. Simpson's right.
FEATURES
By Michael Ollove and Michael Ollove,SUN STAFF | July 29, 2002
How would this conversation go over in your household: You: "Junior, it looks like a Smart Bomb has taken out the front end of the Suburban you and your buddies took to Eight Legged Freaks last night. Anything you care to share about what happened?" Junior: "Believe me, I really want to, Dad, but on the advice of counsel, I respectfully must decline to answer that question based on the protection afforded me under the Fifth Amendment." No way, right? No way a parent is going to accept a no comment from that kid. Fact is, most of us expect - or harbor the hope anyway - that our kids will spill the beans on misbehavior before we find out on our own. We believe in confession, in fessing up. We admire the mensch, the stand-up guy. You did it, you own up to it, that's our creed.
NEWS
By Steve Chapman | June 3, 2003
CHICAGO - Every schoolchild knows one of the bedrock protections of the Constitution: "You have the right to remain silent." The authorities can ask questions, but you are free not to answer. That may have been what Oliverio Martinez thought one November evening when he crossed paths with police in Oxnard, Calif. But what he and the rest of us assumed, it turns out, was grossly mistaken. Two police officers stopped and frisked Mr. Martinez, a farm worker, while looking for drug activity.
NEWS
By NEW YORK TIMES NEWS SERVICE | March 27, 2003
WASHINGTON - The Supreme Court narrowly upheld yesterday a nationwide program that channels millions of dollars every year to legal services for poor people by pooling the interest earned on short-term deposits that lawyers hold in trust for their clients. The 5-4 decision rejected the argument of a conservative legal group here that the program amounted to an unconstitutional "taking" of the clients' property. The group, the Washington Legal Foundation, has conducted a decadelong litigation campaign against the program, arguing that it violated private property rights and that law firm clients should not be forced to provide financial support to causes with which they might disagree.
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