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Daily Archives: May 22, 2014
2 county workers take 5th – Thu, 22 May 2014 PST
Posted: May 22, 2014 at 11:48 am
Two Spokane County building employees invoked their Fifth Amendment rights against self-incrimination this week in a case that accuses the county of improperly back-dating documents to allow construction of a gas station where a state board ruled it was notallowed.
The county workers testified Monday during an appeal before the county hearing examiner of a building permit application for a convenience store and gas station at Argonne and Bigelow Gulchroads.
Building Director Randy Vissia, one of the two county employees who invoked his Fifth Amendment rights, said he was advised to not answer questions by a county attorney
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Two Spokane County building employees invoked their Fifth Amendment rights against self-incrimination this week in a case that accuses the county of improperly back-dating documents to allow construction of a gas station where a state board ruled it was notallowed.
The county workers testified Monday during an appeal before the county hearing examiner of a building permit application for a convenience store and gas station at Argonne and Bigelow Gulchroads.
Building Director Randy Vissia, one of the two county employees who invoked his Fifth Amendment rights, said he was advised to not answer questions by a county attorney even though, according to Vissia, his employee, Julie Shatto, had done nothing wrong in approving the permit application as completed. Shatto also declined to answer questions at the hearing involving the date that the application was certified ascomplete.
Property owner and developer Stephen Smart, who was at the hearing to defend his project, said the appellant attorneys were acting like attackdogs.
Local residents and neighborhood groups appealed the county decision to let the project proceed, arguing the project was flawed on several grounds, including environmental review and applicationcompleteness.
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New York Attorney Heath D. Harte Releases a Statement on Fourth Amendment Rights
Posted: at 11:48 am
(PRWEB) May 22, 2014
Heath D. Harte, an attorney-at-law with over twenty-five years of experience, released a statement today commenting on the proper collection of DNA and protecting a persons fourth amendment rights.
According to the case People v. Walker (New York, 104040)*, the Appellate Division, Third Department suppressed a DNA sample linking the suspect to the victim. The court found the police unauthorized to collect DNA from the alleged suspect, Paul Walker Jr., under the no-knock warrant they carried out on April 2010.
This was a matter of the courts upholding a persons fourth amendment rights. A no knock warrant is issued when the police believe a suspect can destroy evidence in between the time of identifying themselves and entering the premises. In this case, a suspects DNA cannot be destroyed and the court found that his fourth amendment rights were violated, stated Heath D. Harte.
According to court documents, Justice John Lahtinen explained that a founding principle of due process guarantees that if no pressing circumstances exist, the suspect has the right to be heard before the suspects constitutional right to be left alone is overlooked.
All parties involved, especially the police, need to respect due process. To ensure a fair trial and a tight case, the investigation needs to be thorough and carried out with dignity. The suppression of DNA from this case will prove to be an interesting in the outcome of the case, continued Harte.
For more information about the Law Offices of Heath D. Harte please visit: http://www.HarteLawOffice.com
About the Law Offices of Heath D. Harte With over 25 years of experience, the Law Offices of Heath D. Harte is a full service law firm concentrating in criminal law, personal injury law, estate planning, and real estate. While traditional in service and style, with smart use of experience and leveraging state of the art technology to streamline services, the firm cuts out excessive overhead usually associated with law firms. Lower overhead means that the firm can offer the same service one expects from a prestigious law firm, like the Law Offices of Heath D. Harte, at lower, more affordable costs to clients. The firms ultimate goal is to provide aggressive, reliable and effective legal representation at an affordable price. The firm also offers creative fee structures to accommodate clients needs, especially in todays economic climate.
Contact To learn more about The Law Offices of Heath D. Harte locations and services, please contact: The Law Offices of Heath D. Harte 1700 Bedford Street, Suite 102 Stamford, CT 06905 Office: (203) 724-9555 questions(at)hartelawoffice(dot)com http://www.HarteLawOffice.com
http://law.justia.com/cases/new-york/appellate-division-third-department/2014/104040.html
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New York Attorney Heath D. Harte Releases a Statement on Fourth Amendment Rights
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Bentley Rayburn On Protecting Our Second Amendment Rights – Video
Posted: at 11:48 am
Bentley Rayburn On Protecting Our Second Amendment Rights
Bentley Rayburn On Governing According to the U.S. Constitution Retired Major General Bentley Rayburn is a candidate for U.S. Representative of the 5th Congr...
By: Jimmie Butler
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Bentley Rayburn On Protecting Our Second Amendment Rights - Video
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Second Amendment, chest beaters, medical discharge and some channel updates – Video
Posted: at 11:48 am
Second Amendment, chest beaters, medical discharge and some channel updates
A brief orientation on the 2nd amendment as it will pertain to our next videos on militias and Posse Comitatus and how it all relates to us in the prepper co...
By: economy
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Second Amendment, chest beaters, medical discharge and some channel updates - Video
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TheSpeaker … A Film About Freedom – Video
Posted: at 11:48 am
TheSpeaker ... A Film About Freedom
This controversial movie was produced by the American Library Association in 1977 to encourage discussion around the First Amendment and freedom of speech. It was digitized and provided in...
By: OIFTube
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First Amendment Under Attack? MVI 2258 – Video
Posted: at 11:48 am
First Amendment Under Attack? MVI 2258
It appears that many of my video #39;s that I post on YouTube, and Facebook are not being posted by either one of these sites. I assume that Google might be doin...
By: Gabor Zolna
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Sen. Roberts to Harry Reid: First Amendment Can’t be Amended to Stifle Critics – Video
Posted: at 11:48 am
Sen. Roberts to Harry Reid: First Amendment Can #39;t be Amended to Stifle Critics
U.S. Senator Pat Roberts, Ranking Member of the Senate Committee on Rules, today took to the Senator floor to tell Senate Majority Leader Harry Reid (D-Nev.) to abandon misguided attempts to...
By: SenPatRoberts
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Sen. Roberts to Harry Reid: First Amendment Can't be Amended to Stifle Critics - Video
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ACLU blasts Kan. university social media policy
Posted: at 11:47 am
The Kansas state attorney general approved a revised policy that states any employee at a public university in the state can be fired over improperly using social media, raising questions that their First Amendment rights are being infringed upon.
"It's too broad; it's too vague, and it's already causing people to chill themselves in the way that they use social media," Doug Bonney, the legal director for the ALCU of Kansas, told Think Progress.
The Kansas Board of Regents approved last week an amended version of the new social media policy. The Wichita Eagle reported that the new policy allows a university's chief executive to fire any faculty member who uses social media and posts a comment that could incite violence, disclose confidential information or otherwise damage the university.
One of the elements of the new policy that has legal experts confused is the part that says a faculty member can face disciplinary action for "speech contrary to the interests of the university."
"Unless you had access to every piece of information pertaining to the university, you would never know what affects its interests," Ken Paulson, the president of the First Amendment Center, told Think Progress.
The regents developed the social media policy after an anti-NRA tweet in September 2013 by David Guth, a University of Kansas journalism professor. He reportedly tweeted, "blood is on the hands of the #NRA. Next time, let it be YOUR sons and daughters."
The tweet caused an uproar over the bounds of social media.
Under the policy, social media covers blogs and social networking sites.
Kirk McClure, a professor in the Department of Urban Planning at Kansas University, said the social media policy would hamper the ability for Kansas schools to compete for top faculty.
"The social media policy makes it even harder to sell KU to top faculty candidates. A new faculty member can be disciplined, even terminated for a tweet," McClure said.
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Federal court puts MN campaign finance limits on hold
Posted: at 11:47 am
A St. Paul judges ruling will level the playing field for political donations in Minnesota, halting a law that plaintiffs argued dishes out First Amendment rights on a first-come, first-served basis.
Only weeks after the U.S. Supreme Court overturned federal limits on campaign donations in McCutcheon v. FEC, U.S. District Judge Donovan Frank on Monday applied that precedent to a Minnesota campaign finance law that allowed some Minnesotans to donate more than others to the same candidate in state elections.
The federal court directed Minnesota officials to halt enforcement of the states special sources limit law. Institute for Justice, a public-interest law firm, initiated the case.
The government should not be using campaign finance laws to play favorites, said Anthony Sanders, lead attorney for IJ in the constitutional challenge. This ruling means that all Minnesotans who want to support political candidates will enjoy the same rights, no matter when in the election they make their contribution.
Under the law, 12 contributors could donate up to $1,000 to a candidate for the state House. The 13th contributor, however, would be restricted to a donation of $500, due to a $12,500 special sources limit for large contributions. Similar limits with larger dollar amounts applied to candidates for state Senate and constitutional offices.
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Free App Lets the Next Snowden Send Big Files Securely and Anonymously
Posted: at 11:47 am
Onionshare creator Micah Lee, who works as a staff technologist and crypto guru for Glenn Greenwalds news site The Intercept. Image: Courtesy of Micah Lee
When Glenn Greenwald discovered last year that some of the NSA documents hed received from Edward Snowden had been corrupted, he needed to retrieve copies from fellow journalist Laura Poitras in Berlin. They decided the safest way to transfer the sizable cache was to use a USB drive carried by hand to Greenwalds home in Brazil. As a result, Greenwalds partner David Miranda was detained at Heathrow, searched, and questioned for nine hours.
Thats exactly the sort of ordeal Micah Lee, the staff technologist and resident crypto expert at Greenwalds investigative news site The Intercept, hopes to render obsolete. On Tuesday he released Onionsharesimple, free software designed to let anyone send files securely and anonymously. After reading about Greenwalds file transfer problem in Greenwalds new book, Lee created the program as a way of sharing big data dumps via a direct channel encrypted and protected by the anonymity software Tor, making it far more difficult for eavesdroppers to determine who is sending what to whom.
If you use a filesharing service like Dropbox or Mega or whatever, you basically have to trust them. The file could end up in the hands of law enforcement, Lee says. This lets you bypass all third parties, so that the file goes from one person to another over the Tor network completely anonymously.
Its basically 100 percent darknet.
When Onionshare users want to send files, the program creates a password-protected, temporary website hosted on the Tor networkwhats known as a Tor Hidden Servicethat runs on their computer. They provide the recipient with the URL and password for that site, preferably via a message encrypted with a tool like PGP or Off-The-Record encrypted instant messaging. The recipient visits that URL in a Tor Browser and downloads the file from that temporary, untraceable website, without needing to have a copy of Onionshare.
As soon as the person has downloaded the file, you can just cancel the web server and the file is no longer accessible to anyone, Lee says.
Lee hopes to have others examine Onionshares code to suss out flaws. For now it only runs as a bare-bones command-line tool on the Tor-based operating system Tails, which can be launched on Windows or Mac machines. He plans to add a version that runs directly on Windows and Mac computers soon.
Onionshare can be particularly useful when someone sending a file wants to remain anonymous even to the recipient, Lee says. If whistleblowers can securely send an Onionshare URL and password to a journalist, they potentially could use it to leak secrets anonymously without being exposed. That flips the model of how Tor enables leaks: Sites like WikiLeaks and news organizations using the anonymous leak software SecureDrop host their own Tor Hidden Services. Onionshare could put more power in whistleblowers hands, helping them send secrets to journalists who dont have that sort of anonymous submission system in place.
But Lee also sees Onionshare being used for more common file-sharing situations where everyone involved knows each other but require utmost secrecy. Its a safe bet that Greenwald and Miranda will be fans.
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Free App Lets the Next Snowden Send Big Files Securely and Anonymously
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