#fifthamendment — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #fifthamendment, aggregated by home.social.
-
Since Brown’s firing was racially motivated, the lawsuit alleges, it “therefore violated Mr. Brown’s constitutional rights under the #FifthAmendment.” The lawsuit also points to people of color being dismissed at agencies including the National Labor Relations Board, the Equal Employment Opportunity Commission, the Federal Reserve, and the Library of Congress. lawsuit cited Trump’s attacks on diversity, equity, and inclusion programs and the fact that Brown’s replacement, John DeLeeuw, is white.
-
#MSNOW ’s @[email protected] analyses #DonaldTrump ’s MANY attempted distractions from the #Epsteinfiles on the day that #GhislaineMaxwell pleaded the #FifthAmendment to questions asked in a deposition with members of the #HouseOversightCommittee. youtu.be/ATmQdeilnNk?...
Lawrence: Even after Trump’s ‘... -
Ghislaine Maxwell declined to cooperate with a House Oversight Committee deposition, invoking her Fifth Amendment rights as lawmakers press ahead with investigations into Jeffrey Epstein’s abuse network. https://english.mathrubhumi.com/news/world/epstein-aide-ghislaine-maxwell-refuses-to-testify-before-us-house-panel-invokes-fifth-amendment-qsmua2ha?utm_source=dlvr.it&utm_medium=mastodon #GhislaineMaxwell #JeffreyEpstein #USCongress #FifthAmendment
-
#GhislaineMaxwell, the longtime companion of Jeffrey #Epstein who is serving a federal #SexTrafficking sentence, invoked her #FifthAmendment right in response to every question asked during a deposition before the House #Oversight Cmte on Monday.
Rep Suhas Subramanyam of Virginia, one of the #Democrats on the Oversight Cmte, condemned Ghislaine Maxwell’s pursuit of #clemency during her deposition, but also faulted #Trump for not shutting down the idea.
-
The #House #Oversight Committee will this morning depose #GhislaineMaxwell, the longtime companion of #JeffreyEpstein who is in prison on federal #SexTrafficking charges.
Maxwell, who is serving a 20-year prison sentence, is expected to invoke her #FifthAmendment right against self-incrimination & decline to answer questions, according to Democratic members of the committee.
#EpsteinFiles #law #power #rape
https://www.nytimes.com/live/2026/02/09/us/president-trump-news/ecb9e0ea-9037-5d3c-804f-2bd4a7560c66?smid=url-share -
@johnpfaff.bsky.social A simple start for #CBP would be to confine them to the border, ports of entry, and hot pursuit of suspects fleeing therefrom. Prohibit them using any force (save only in self-defence under the same legal constraints and non-immunity as any private individual) or taking any armed or official action anywhere else or in any other circumstance. That alone is insufficient, but it would substantially reduce the harm while working out other changes.
After that, make them mandatory reporters: by criminalizing failure to report offences by colleagues and failure to preserve and produce evidence of offences by colleagues, committed at any time since the earlier of the beginning of the officer's career or the date of the first offence by a colleague of which the officer knows, except where the Fifth Amendment or the Garrity Rule would pertain.
IIUC (#lawfedi, feel free to correct me here), while the #fifthAmendment prohibits compelling testifying against oneself, it does not prohibit compelling testifying against others. And while Article I § 9(3) & 10(1) of the US #Constitution prohibit retroactive criminalization of acts or omissions, it does not prohibit compelling disclosure of facts and evidence about others of acts or omissions which were, at the time of occurrence, already crimes.
-
The FBI raid on the home of Washington Post reporter Hannah Natanson is troubling for a number of reason, but it also demostrated the risks with using biometricsk (fingerprints/face scans) to unlock your device.
Natanson was compelled to unlock a MacBook computer during the search.
Read more about it any why you should avoid biometrics here:
https://decentproject.org/an-fbi-raid-on-a-reporters-home-shows-the-problem-with-biometrics -
And remember, the search of Natanson's home took place in Virginia. That's far closer to the D.C. Circuit (which has ruled that biometrics *are* protected under the #FifthAmendment) than the 9th Cir.
Just goes to show that where you are physically can matter as to how the law is applied.
The best thing you can do until there is legal certainty? Don't use biometrics:
https://decentproject.org/should-you-use-biometrics-on-your-phone
-
If the second computer did not have biometrics and could only be unlocked with a PIN/password -- Natanson would have plausible deniability that that is not her device.
She would have the right to remain silent and not say anything about her knowledge of the device and its contents.
Instead, her compelled use of biometrics takes that off the table. It's quite clearly her device, or at least one she controls as soon as her fingerprint unlocks it.
-
But some courts don't see it that way --
The 9th Cir. (western United States) in U.S. v. Payne in 2024: "While providing law enforcement officers with a combination to a safe or passcode to a phone would require an individual to divulge the “contents of his own mind,” turning over a key to a safe or a thumb to unlock a phone requires no such mental process."
Bascially, a PIN/passcode ≠ biometrics.
#FifthAmendment #privacy #OPSEC #biometrics
https://caselaw.findlaw.com/court/us-9th-circuit/116062162.html
-
It comes down to whether a court sees your fingerprint/face as "testimonial" evidence.
Testimonal evidence = anything that reveals the contents of your mind (thoughts, knowledge, etc.). This is typically protected under the #FifthAmendment from compelled disclosure if it might incirminate you. You know, the famous "I plead the Fifth" line.
-
"When investigators later presented the laptop to Ms. Natanson, she reiterated she does not use biometrics for her devices. Investigators told her to try nevertheless, and when she applied her index finger to the fingerprint reader, the laptop unlocked."
Twice she tells them she doesn't use biometrics. They insist she tries nevertheless. She put her index finger on the scanner and the device unlocked.
-
This is crazy and I just don't see how courts can say that forcing someone to unlock a device with biometrics is NOT the same as forcing someone to reveal a PIN or password.
Read the exchange carefull. Natanson told authorities she does *not* use biometrics on her devices and she told them she only had 1 computer and 1 phone.
Authorities then find a second computer in a backpack, which prompted for a password or fingerprint.
-
They also found an iPhone 13 that was in "Lockdown" mode -- this prevent authorities from being able to retrieve anything on the device.
-
Holy shit - the government forced Washington Post reporter Hannah Natanson to unlock a Macbook found in her house during a raid of her home.
https://storage.courtlistener.com/recap/gov.uscourts.vaed.588772/gov.uscourts.vaed.588772.35.0_1.pdf
-
Military ban on HIV-positive enlistees could set dangerous precedent, experts warn
https://web.brid.gy/r/https://www.advocate.com/politics/defense-department-hiv-positive-enlistees
-
Military ban on HIV-positive enlistees could set dangerous precedent, experts warn
https://web.brid.gy/r/https://www.advocate.com/politics/defense-department-hiv-positive-enlistees
-
Military ban on HIV-positive enlistees could set dangerous precedent, experts warn
https://web.brid.gy/r/https://www.advocate.com/politics/defense-department-hiv-positive-enlistees
-
Military ban on HIV-positive enlistees could set dangerous precedent, experts warn
https://web.brid.gy/r/https://www.advocate.com/politics/defense-department-hiv-positive-enlistees
-
That action, Cook & her lawyers argue, violated her rights under the #US #Constitution's #FifthAmendment, which provides that no person may be "deprived of life, liberty or property without #DueProcess of #law."
The case, which could imperil the #independence of the world's most important #CentralBank, tests whether #Trump had adequate "#cause" under #federal law to remove Cook. But it also is a fight over whether the way Trump sought to oust Cook was fair.
-
Judge: #Trump violated #FifthAmendment by ending #energy grants in only #blueStates
Trump's blatant #discrimination came on the same day as the government shut down last fall. In total, 315 grants were terminated in October, ending support for 223 projects worth approximately $7.5 billion…All the awardees, except for one, were based in states where Donald Trump lost the majority vote to Kamala Harris in 2024.
-
Judge: #Trump violated #FifthAmendment by ending #energy grants in only #blueStates
Trump's blatant #discrimination came on the same day as the government shut down last fall. In total, 315 grants were terminated in October, ending support for 223 projects worth approximately $7.5 billion…All the awardees, except for one, were based in states where Donald Trump lost the majority vote to Kamala Harris in 2024.
-
Judge: #Trump violated #FifthAmendment by ending #energy grants in only #blueStates
Trump's blatant #discrimination came on the same day as the government shut down last fall. In total, 315 grants were terminated in October, ending support for 223 projects worth approximately $7.5 billion…All the awardees, except for one, were based in states where Donald Trump lost the majority vote to Kamala Harris in 2024.
-
Judge: #Trump violated #FifthAmendment by ending #energy grants in only #blueStates
Trump's blatant #discrimination came on the same day as the government shut down last fall. In total, 315 grants were terminated in October, ending support for 223 projects worth approximately $7.5 billion…All the awardees, except for one, were based in states where Donald Trump lost the majority vote to Kamala Harris in 2024.
-
Judge: #Trump violated #FifthAmendment by ending #energy grants in only #blueStates
Trump's blatant #discrimination came on the same day as the government shut down last fall. In total, 315 grants were terminated in October, ending support for 223 projects worth approximately $7.5 billion…All the awardees, except for one, were based in states where Donald Trump lost the majority vote to Kamala Harris in 2024.
-
FBI agents fired for kneeling at George Floyd protest sue Kash Patel, other admin members
https://fed.brid.gy/r/https://www.advocate.com/news/fired-fbi-agents-sue-patel
-
Judge concludes that an immigrant ordered free on payment of bond can remain locked up for five more months before his rights are violated
https://www.universalhub.com/2025/judge-concludes-immigrant-ordered-free-payment-bond-can-remain-locked
#Boston #ICE #FifthAmendment #immigrants -
Cobb also forcefully rejected the #Trump admin’s argument…that immigrants who crossed the border illegally forfeited certain protections, such as the right to fight their removal in court. She warned the argument was so broad it could easily ensnare US citizens.
“In defending this skimpy process, the government makes a truly startling argument: that those who entered the country illegally are entitled to no process under the #FifthAmendment…,” she wrote.
-
We the People: The Right to Remain Silent : Throughline : NPR
#5ThAmendment #FifthAmendment #Miranda
https://www.npr.org/2025/07/31/1256500268/throughline-right-to-remain-silent -
#House #Oversight Committee on Tuesday declined a request from #GhislaineMaxwell #lawyers to grant her #immunity in exchange for #testifying to #Congress.
Maxwell's lawyers said in a letter Tuesday that Maxwell, an associate of the late financier Jeffrey Epstein, would be willing to testify if she received formal immunity, alongside other requests. Otherwise, she would assert her #FifthAmendment rights and decline to testify, they said. #law #legal #testimony #coverup #trump #maga #democracy -
“What the federal government would have this Court believe — in the face of a mountain of evidence presented in this case — is that none of this is actually happening,” the judge wrote.
She said that “roving patrols” without reasonable suspicion violated the #FourthAmendment of the #Constitution & that denying access to lawyers violated the #FifthAmendment.
#law #immigration #DueProcess #CivilRights #Judiciary #Trump #Gestapo #AbuseOfPower #tyranny
-
#DueProcess, we hardly knew ye
Murdered in cold blood by a 6-3 majority
#SCOTUS #immigration #FifthAmendment
#Amerika #eightysix47 #resist #Ω #donotcomply -
The National Association for the #Deaf is suing #Trump, #JDVance, WH chief of staff #SusieWiles & WH propagandist #KarolineLeavitt, for no longer providing #SignLanguage interpreters for press briefings or any other events.
https://storage.courtlistener.com/recap/gov.uscourts.dcd.281047/gov.uscourts.dcd.281047.1.0.pdf
#law #ASL #discrimination #access #communication #FirstAmendment #FifthAmendment
-
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
#law #Constitution #immigration #FreeSpeech #FreedomOfAssembly #RightToProtest #CivilRights #Dictatorship #AmericanAutocracy #AbuseOfPower
-
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
#law #Constitution #immigration #FreeSpeech #FreedomOfAssembly #RightToProtest #CivilRights #Dictatorship #AmericanAutocracy #AbuseOfPower
-
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
#law #Constitution #immigration #FreeSpeech #FreedomOfAssembly #RightToProtest #CivilRights #Dictatorship #AmericanAutocracy #AbuseOfPower
-
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
#law #Constitution #immigration #FreeSpeech #FreedomOfAssembly #RightToProtest #CivilRights #Dictatorship #AmericanAutocracy #AbuseOfPower
-
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
#law #Constitution #immigration #FreeSpeech #FreedomOfAssembly #RightToProtest #CivilRights #Dictatorship #AmericanAutocracy #AbuseOfPower
-
"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
#law #SummaryJudgment #Injunction #FirstAmendment #FifthAmendment #SixthAmendment #RevengePolitics
-
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 -
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 -
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 -
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 -
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 -
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
-
One reason that due process applies to all "persons" and not just all "citizens" is that you cannot prove that you are a citizen without it. #DueProcess #FifthAmendment #FourteenthAmendment
-
https://www.youtube.com/watch?v=DwW0061KdQ8
#BrianTylerCohen and #GlennKirschner
Trump pulls BOMBSHELL stunt, shocks the world
#FifthAmendment #DueProcess #KilmarArmandoAbregoGarcía #FascistUSA #StopDeportations #AbolishICE #USLaw #law
-
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/