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Category Archives: Fifth Amendment

VANDA Pharmaceuticals States a Fifth Amendment Claim against the Government for Taking a Trade Secret – Trade Secrets Trends

Posted: February 13, 2024 at 3:45 am

The legal battle between VANDA Pharmaceuticals, Inc. and the United States government provides guidance onthe minimum requirements that the government must meet to protect trade secrets provided during the regulatory approval process for pharmaceuticals. The case, which involves alleged unlawful disclosure of trade secrets by government officials to generic drug competitors, presents several issues of first impression.

VANDA did not assert a trade secret misappropriation claim, but rather asserted a Fifth Amendment takings claim. (VANDAs breach of implied-in-fact contract claim was dismissed). At the core of the case are two of Vandas brand-name drugs, Fanapt and Hetlioz. VANDA claimed that Food and Drug Administration (FDA) officials improperly shared the companys trade secret and confidential manufacturing information with generic competitors by disclosure through the review process for generic drug manufacturers proposed competing products. VANDA alleges that the disclosure not only breached the FDAs duty of confidentiality with VANDA, but also resulted in considerable economic harm to the company and violated the statute preventing the unauthorized disclosure of trade secrets by federal government officials who obtain that information in the course of their official duties. 18 USC 1905.

On January 18, 2024, the court denied the governments motion to dismiss regarding the Fifth Amendment takings claim. The court stated that the FDAs review and approval of NDAs falls squarely within the scope of the federal agencys statutorily authorized duties. Furthermore, unlawful acts are not per se unauthorized for purposes of engaging in a Fifth Amendment takings analysis, and can still be imputed to the government. In other words, even if the government employees acts eventually were found to be unlawful, the actions could still constitute unauthorized taking by the agency. The court declined to determine if this was a per se or regulatory taking at this stage.

The Court also left open the question of whether VANDA even had any trade secret or proprietary rights in the disclosed information. As the legal proceedings unfold, VANDAs confrontation with the U.S. government will impact how trade secrets are handled within the pharmaceutical industrys regulatory framework, and what remedies are available to future plaintiffs.

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Attorneys argue shooters Fifth Amendment rights on the 4th day of the Jennifer Crumbley trial – Detroit News

Posted: January 27, 2024 at 3:55 am

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Attorneys argue shooters Fifth Amendment rights on the 4th day of the Jennifer Crumbley trial - Detroit News

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Judge will not allow Michigan school shooter to testify in mother’s trial if he invokes the Fifth Amendment – AppleValleyNewsNow.com

Posted: at 3:55 am

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Judge will not allow Michigan school shooter to testify in mother's trial if he invokes the Fifth Amendment - AppleValleyNewsNow.com

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Shamoon v. Resideo: Obviousness affirmed – Patently-O

Posted: August 12, 2023 at 7:25 am

by Dennis Crouch

Shamoon v. Resideo Technologies, Inc., No. 2021-1813 (Fed. Cir. Aug. 8, 2023) (opinion by Judge Newman; joined by Judges Reyna, and Cunningham) (non-precedential)

Charles Shamoon is the inventor and owner of U.S. Patent No. 8,064,935. The patentrelates to a remote access system that allows users to monitor and control environmental devices like alarm and HVAC systems in their home using a base control unit and a remote unit. Resideo challenged the patent in a pair of IPR petitions, and the PTAB eventually found the challenged claims unpatentable as obvious over a combination of two/three prior art references.

On appeal, the Federal Circuit affirmed and rejected Shamoons three challenges.

The claims require a microcontroller, and Shamoon argued that the term should be construed as requiring a particular type of microcontroller that included certain memory elements. That narrowed definition might have helped Shamoon avoid the prior art. But, the Federal Circuit upheld the PTABs broad claim construction of microcontroller finding that it was broadly used both in the claims and the specification.

Some of the claims required a confirmation message be sent once an instruction had been executed, and Shamoon argued that the prior art failed to teach a confirmation message related to an environmental device command. On appeal though, the court found that it was proper to combine the teaching of a confirmation message from a reference not related to environmental devices. Because Oinonen and Whitley disclose the environmental devices and commands, it does not avail Mr. Shamoon to complain that Menard does not. Slip Opinion. Shamoons argument here

Finally, Shamoon argued that applying AIA proceedings to his pre-AIA patent wasimpermissible taking by the United States without just compensation, in violation of the Fifth Amendment. The court quickly rejected this argument based upon its prior precedent in Celgene Corp. v. Peter, 931 F.3d 1342 (Fed. Cir. 2019) (retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking under the Fifth Amendment.).

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Billings County sued over eminent domain as bridge dispute rekindles – Bismarck Tribune

Posted: at 7:25 am

A family whose ranch would be impacted by a bridge proposed over the Little Missouri River near Medora is suing Billings County, opening a new chapter in the yearslong battle in the western North Dakota Badlands.

Members of the family that owns the Short Ranch filed the lawsuitagainst Billings County and its commissioners in federal court.The lawsuit alleges a breach of contract and an improper deployment of what it said is an inevitable use of eminent domain in the countys actions pertaining to the project. Eminent domain is the taking of private land for public use with just compensation.

The Billings County Commission is composed of Lester Iverson, Steven Klym and Dean Rodne. The three commissioners did not immediately respond to the Tribunes requests for comment Aug. 3. County States Attorney Patrick Weir declined comment.

The proposed bridge that would run through the Short ranch has been in the works since 2006, according to attorneys for the family.

The county has said the bridge would provide reliability for emergency services, commerce, recreation and public travel.Public safety officials have supported the proposal in the past. Current Billings County Sheriff Dean Wykoffhas saidhe supports a bridge but opposes the use of eminent domain to build it.

The Short family believes the bridge would primarily benefit oil companies, according to their legal documents. They argue that the needs listed by the county can be fulfilled elsewhere.

If the county needs a bridge for public use, it needs to be built on public land and there is an incredible abundance of suitable public land for a bridge in Billings County, plaintiff David Short told the Tribune.

Current bridges over the Little Missouriare at Medora on Interstate 94 and south of Watford City on U.S. Highway 85. There are 18 unimproved private fords and one unimproved public ford that are used by some vehicles to cross the river, according to an environmental impact statement done in accordance with the National Environmental Protection Actas a requirement for building on anything under federal jurisdiction.

After the completion of the EIS in 2018 the Short family publicly opposed the project. They filed a lawsuit against the Federal Highway Administration, the agency that conducted the study, and also sued the County Commission when it intervened in the FHWA suit and voted to condemn parts of the Short ranch in 2020.

Plans for the bridge were seeminglyendedin 2021 whenthe commissionvoted 2-1 to scrap the project and not use eminent domain to secure the land. The Shorts dropped their case after they reached an agreement with the county that it would not pursue eminent domain or any legal action to take the Shorts' land, according to legal filings.

Plaintiff Sandy Short arguesthat most Billings County residents are opposed to the use of eminent domain.

Our family has cared for and protected this land for over a century, even while Congressman Don Short represented the State of North Dakota in Washington D.C., she told the Tribune. Taking it away from us now by the abusive power of eminent domain is wrong, it's un-American.

The deciding vote was flipped after then-County Commissioner MikeKasian lost his seat on the board to Klym in 2022.

Billings County opened up easement agreements again earlier this year, formally extending them on June 23 and offering $20,000 per acre for easements on the 30-acre ranch along with other temporary easements for construction. The countys previous offer had been $2,500 per acre with other construction-related easements.

Lawyers for the Short family argue this move is a breach of the agreement the family signed with the county in which the family would drop its previous lawsuits in exchange for the county stopping the pursuit of easements or eminent domain on the Shorts' land.

Derrick Braaten, one of the attorneys who filed the case, argued that this would mean agreements that the county signs with third parties would be subject to the whims of an election.

The Shorts' attorneys also argue that the use of eminent domain byBillings County is inevitable given the actions of the commissioners and the position of the family. They said this would be an improper use of the procedure, violating the Shorts' Fifth Amendment rights as well as North Dakota law.The Fifth Amendment states that private property can't be taken for public use without just compensation.

The lawyers question the extent to which the bridge serves public use and argue that due process has not been followed -- requirements for eminent domain.

There are exceptions to eminent domain, said Tim Purdon, who filed the suit with Braaten. The government doesnt always win in eminent domain cases.

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‘Tyler’ and a Call for Reform of the New Jersey Tax Foreclosure … – Law.com

Posted: at 7:25 am

On May 25, 2023, the U.S. Supreme Court issued what most would consider an unremarkable decision, Tyler v. Hennepin County, ___ U.S.____, 143 S.Ct. 1369 (2023), which concluded that the Minnesota tax sale law resulted in an unconstitutional taking in violation of the Fifth Amendment. The taking occurred as a result of the state tax sale law which allowed the county (the Minnesota taxing authority) to retain the owners equity in the real property beyond the amount to satisfy the outstanding taxes. By reason of the Tyler decision, Minnesota will be required to rewrite its tax sale law to permit owners to recover equity in real estate beyond the amount to pay the taxes.

While Tyler would at first blush seem to have a localized effect, the ripples are already being felt in New Jersey, which utilizes a similar tax sale system as the one used in Minnesota. The ripple was first evidenced in an unpublished Appellate Division decision, PC7 REOv. Johnson, No. A-1274-21, issued on June 9, 2023. In Johnson, the court considered whether there existed a basis to overturn a trial court decision in which the trial court refused to vacate a final judgment in tax foreclosure pursuant to New Jersey Court Rule 4:50-1. The Appellate Division agreed with the trial court that the owner had failed to establish a basis to vacate the judgment pursuant to Rule 4:50-1(a) for mistake, inadvertence, surprise or excusable neglect. The Appellate Division noted, however, that the trial court had failed to consider the owners argument for vacation of the judgment pursuant to Rule 4:50-1(f) for any other reason justifying relief from the operation of the judgment or order. The court noted that the U.S. Supreme Court had decided Tyler days after the trial court ruled in Johnson. In light of Tyler, the Appellate Division concluded that the owners argument that the judgment should be vacated pursuantto Rule 4:50-1(f) must be reassessed to consider whether the tax sale certificate holder, PC7, stands to gain an unconscionable windfall by obtaining equity in the property beyond that necessary to redeem the certificate.Id. *5. After detailing the expansive equitable purpose of Rule 4:50-1(f), to avoid a grave injustice, (Id. citing US Bank Natl Assn v. Guillaume, 209 N.J. 449, 484 (2012)), the court concluded:

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"Like fatter Tony Soprano Attending the Arraignment and "Effect[ing … – Emptywheel

Posted: at 7:25 am

Two amusing phrases from yesterdays news provide a wonderful opportunity to talk about how Trump will continue to manipulate his prosecution.

First, Peter Navarro continues to seek ways to stall his long-delayed trial on contempt charges, which is scheduled to start next month. In advance of his trial, Judge Amit Mehta has granted him an evidentiary hearing so Navarro can attempt to prove that the former President told him to invoke both testimonial immunity and executive privilege, as Trump did with Mark Meadows and Dan Scavino (which is almost certainly a big part of why they werent charged with contempt).

When granting Navarro the hearing, though, Mehta noted that Navarro has thus far not presented any evidence that Trump told him not to testify, and hell need to find formal evidence.

[T]he court does not at this time prejudge what type or manner of instruction from President Trump might suffice to constitute a formal assertion of privilege or immunity. See United States v. Navarro, No. 22-cr-200 (APM), 2023 WL 371968, at *23 (D.D.C. Jan. 19, 2023). The court previously left that question unanswered because Defendant had not come forward with any evidence of a presidential invocation. Id.; Jan. Hrg Tr. at 12. Defendants burden will include showing that the claimed instruction to invoke was a formal one.

Now, Navarro is attempting to delay both hearings because LizHarrington, Trumps spox, is due to give birth.

The first two filings in this dispute (Navarro, DOJ) included redacted bits and exhibits explaining how Trumps spokesperson could prove that Trump invoked testimonial immunity and executive privilege, though DOJ did make clear that they believe Harringtons testimony is inadmissible. Navarros response provides more detail: He wants Harrington to describe how he wrote a press statement she could release claiming Trump had invoked executive privilege (but not testimonial immunity).

Along the way, he reveals that Harrington testified to the grand jury and DOJ believes his proffer of her testimony materially conflicts with what DOJ locked her into saying.

Its clear from the Governments Opposition that it would prefer that Ms. Harrington not testify at the evidentiary hearing.1 Although it claims that her testimony is generally speaking not in dispute, it challenges its relevance of the calls she had with Dr. Navarro and the email she received from him on February 9, 2022, the day the J6 Committee served its subpoena. Opp. n.1. Standing alone, Ms. Harringtons testimony does not prove that former President Trump instructed Dr. Navarro to assert executive privilege in response to the Committees subpoena. But the testimony is corroborative of other evidence including Dr. Navarros anticipated testimony that he was following President Trumps instructions when he notified the Committee that it should negotiate the privilege issue with its holder.2

Ms. Harrington will explain that after being served with the subpoena, Dr. Navarro called her and then followed up by sending the media statement he planned to publicly issue that day. The statement explained that President Trump had asserted executive privilege and noted that the J6 Committee should negotiate any waiver of the privilege with his attorneys and him. Ms. Harrington conveyed the statement to two of President Trumps administrative assistants and, later that day, Dr. Navarro publicly released the statement. See Defense Exhibit 7

1 In its zeal to prosecute Dr. Navarro and keep Ms. Harrington from testifying, the Government has implicitly threatened her with perjury if she intends to testify inconsistent with her grand jury testimony and that she must first waive her Fifth Amendment right not to incriminate herself. Opp. at 3. This assertion is at odds with long-standing precedent that: Our legal system provides methods for challenging the Governments right to ask questions lying is not one of them, United States v. Wong, 431 U.S. 174, 178 (1977), and so, [e]ven constitutionally explicit Fifth Amendment privileges do not exonerate affirmative false statements. United States v. North, 708 F. Supp. 380, 383 (D.D.C. 1988) (citing Wong, 431 U.S. at 178). Regardless of whether Ms. Harrington could assert the Fifth Amendment to avoid what the government submits would be perjured testimony, the reality is that Mr. Harringtons anticipated testimony is wholly consistent with her grand jury testimony the government just failed to ask probative follow up questions of her at the time.

Then, Navarros lawyers the lawyer he shares with Kash Patel and Walt Nauta, Stan Woodward, the lawyer he shares with Carlos De Oliveira, John Irving, and the lawyer he used to share with Trump himself, John Rowley attempt to disclaim simply using Harringtons pregnancy as an excuse for delay.

The Government alleges without any basis that Dr. Navarros request for continuance of the hearing is strategic and done for improper reasons. Opp. at 1-2. Leaving aside the personal attack on defense counsel, there is no plausible strategic reason for the request and the Government provides none Ms. Harringtons pregnancy is not effected by the timing of the filing of Dr. Navarros motion. No prejudice to the Government would result from a short continuance and it would be fundamentally unfair to Dr. Navarro to deny calling Ms. Harrington as a witness on his behalf. [my emphasis]

But along the way, because they used effected instead of affected, they literally deny that the act of filing Navarros motion did not cause Harringtons pregnancy.

Im sure it didnt.

But it also appears to be the case that DOJ locked Harrington who may be the only one in Trumps camp that Navarro spoke to during the period when he was subpoenaed into testimony about the substance of their communication. And now Navarro is trying to admit his own hearsay to prove that Trump, absent any written filing, told Navarro to invoke both testimonial immunity (of which theres no known evidence) and to raise executive privilege in the same informal way he did with Steve Bannon, which did not work for Bannon at trial but which is the substance of his appeal.

Mehta has called a pre-hearing hearing late this afternoon to sort all this out.

That phrase Ms. Harringtons pregnancy is not effected by the timing of the filing of Dr. Navarros motion would have been my favorite Trump-related phrase yesterday, if not for the description of Boris Epshteyn in this story of how he allegedly molested two women after getting drunk and belligerent at a bar in Scottsdale in 2021.

We have a high tolerance of people like being weird, but that went above and beyond, she said, adding that the man grabbed the women about 10 times. I was like, stop touching my sister. Stop touching me. Stop touching my friends.

Police asked the older sister to describe Epshteyn.

Fat, ugly, like drooping face. White Ralph Lauren Polo, she said. Like fatter Tony Soprano.

An officer asked: Would you be willing to press charges?

She responded: Yes. (Expletive) that guy.

The NYT including Maggie Haberman had reported directly from the arrest report in a beat sweetener burying this and even more damning criminal exposure earlier this year, but had left out the fat part.

Im using the phrase Like fatter Tony Soprano as my excuse to pick up an observation that William Ockham made yesterday about DOJs proposed schedule for a Trump trial on the January 6 charges.

Furthermore, the defendant and his counsel have long been aware of details of the Governments investigation leading to his indictment, having had first contact with Government counsel in June 2022. Indeed, at his initial appearance, the defendant was accompanied by an attorney familiar with certain relevant pre-indictment information. In sum, the defendant has a greater and more detailed understanding of the evidence supporting the charges against him at the outset of this criminal case than most defendants, and is ably advised by multiple attorneys, including some who have represented him in this matter for the last year.

In addition to noting that Trumps attorneys have been aware of the course of this investigation because of repeated contacts with prosecutors going back to June 2022 including Executive Privilege challenges to the testimony of Marc Short, Greg Jacob, Pat Cipollone, Pat Philbin, Mark Meadows, John Ratcliffe, Robert OBrien, Ken Cuccinelli, and Mike Pence it also noted that an attorney familiar with certain relevant pre-indictment information accompanied him to his arraignment.

I agree with Ockhams supposition that thats a reference to Boris like fatter Tony Soprano Epshteyn. Boris attended the arraignment as he has some or all of Trumps but was not an attorney of record.

Back in April, before Rudy or Mike Roman or Bernie Kerik did so, Boris spent two days in interviews with Jack Smith and his prosecutors in what the press got told was a proffer.

The interview was largely focused on the efforts by former President Donald Trump and his allies to overturn Trumps 2020 election loss. The second day of questioning was planned in advance, the sources said.

Epshteyn did not immediately respond to a request for comment from ABC News.

Prosecutors questions focused around Epshteyns interactions with former Trump attorneys Rudy Giuliani, Kenneth Chesebro and John Eastman, in addition to Trump himself, according to sources.

If the allusion in the proposed schedule is a reference to Epshteyns interviews, it confirms my general suspicion that Smith is using proffers as a way to get key subjects of the investigation on the record, rather than necessarily flipping them. It suggests that Smith is willing to show a few of the cards he has at least on the prosecution focused largely on facts that were already public last year in order to lock key subjects in on their testimony, just as DOJ would have been doing with Liz Harringtons grand jury appearance.

But because Todd Blanche is an attorney of record for both Trump and Boris, this proffer would have been an especially obvious way for Trump to obtain information about the prosecution against him. In both the January 6 case and the stolen documents one, Boris is playing both a suspected co-conspirator and advisor on how to blow up the prosecution for political gain.

And that is why, I suspect, DOJ is being so particular about whether volunteer attorneys might include co-conspirators who also happen to be lawyers.

Without a clearly defined relationship of employment or privilege, this language is boundless. For example, several co-conspirators are identified as attorneys, whom the defense might interpret as other attorneys assisting counsel of record. The Court should not accept the edit.

The method to both of these defense ploys is the same. It rests on an inter-locking and wildly conflicted set of attorney relationships to create in first instance an omert leading many key witnesses to give partial testimony which, as both cases, plus Navarros, move toward trial, will evolve into an effort to rework existing sworn testimony to create some flimsy story for Trump or Navarro to use to attempt to stay out of prison. This is what DOJ has spent much of the last 14 months preparing for: Trumps attempt to move the goalposts once he discovered how much of the truth prosecutors had uncovered.

Its not, just, that DOJ has to try the former President in at least two venues, an already unprecedented task. Its that the entire criminal gang is gambling that if they just get beyond the election, any and all lies can be excused in a wave of pardons like Trump used to escape his Russian exposure.

Update: CNNs Katelyn Polantz suggested that the reference to lawyer accompanying Trump may be Evan Corcoran. Corcoran was a part of all the sealed proceedings going back 9 months.

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"Like fatter Tony Soprano Attending the Arraignment and "Effect[ing ... - Emptywheel

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Call to faith-based leaders to help end violence; Parents need to pay … – Capital Gazette

Posted: at 7:24 am

Since the horrific mass shootings in the neighborhood off of Edgewood Road and the recent homicide in Bywater Mutual Homes community last week, I have received numerous telephone calls as to what will I do to bring the community together to stop the violence.

These senseless killings have touched all of us in different ways. It has caused our families distress, tears, mental health issues and of all things, the loss of life.

As a minister, Im reminded of the scripture from 1 Peter 2:1 But you are a chosen people, a royal priesthood, a holy nation, Gods special possession

Some of you might disagree with me as a United Methodist Minister, but the word Im focusing on is God, as we are all Gods children but with rules, principalities and government, we have some different God. We find ourselves in a world trying to analyze who God is. The purpose of this article is for the listening ears of all clergy, it does not matter your denomination, your belief or unbelief.

I believe there is much unrest within the bounds of clergy, your theology, your understanding of God and your protective territory in which you serve. Im asking you to surrender to the will of God, which is love, the love of self and your neighbor.

I cannot do this thing of ministry alone; Im soliciting your support in a meeting to talk about what we can do as a unified body to reconstruct the brokenness in our communities. Our children should feel safe playing on the playgrounds within their community and what can we offer to the parents of these children. Please, let us stop our different of theology and accept the olive branch, we can accomplish more as a body than a few persons.

Many of you question my relationship with the Annapolis Police Department and yes, I am a chaplain and work closely with Chief Edward Jackson, in whom I am inspired by with his leadership. He has issued a short-term initiative that commenced on July 14 and will continue for eight weeks ending on Sept. 7.

The plan consists of three Initiatives that require overtime expenditures for plan initiation. Included with this plan is a list of the departments long-term goal initiatives and a summary of our overall efforts to combat crime. The mayor and city council have given their approval of this plan and have given Jackson their support.

Yes, I will continue my ministry in and outside the walls of the sanctuary in which I serve. Im soliciting your support in the gathering of a meeting of discussion to improve the lives of the people in whom we serve.

Minister Walter Smith has been my support anchor and is a blessing. We have talked about where is the faith community leaders and dialogue on how we can rebuild the breach which is in need of repair.

I look forward to hearing from you to schedule a meeting to get your input. This communication is for all faith-based leaders and is not determined by denominations. My email address is jwesley2114@yahoo.com and cell phone is 443.822.5537; Minister Smith can be reached at waltsmith561@gmail.com and 443.881.6079.

Rev. S. Jerry Colbert, Annapolis

UM Minister & APD Chaplain

The Anne Arundel County Board of Education had a hearing on June 26 and heard comments from the community about the display of flags in classrooms.

Fox 45 had a news crew on site for that BOE hearing. Its evening show reported on the controversy and after the show sent out a poll to viewers. It showed 92% of those polled agreed that only the American state and county flags should be displayed in public school classrooms.

So, the vast majority of the public wants only U.S., state and county flags displayed, but this school board, with the backing of the activist teachers union, voted down the policy proposal and will continue to fly the pride flags in county classrooms.

At the May BOE hearing, an Anne Arundel County elementary school teacher testified that she felt compelled to discuss gender issues with the young students in her classroom.

At the June Pride March in New York City, the marchers chanted Were here, were queer, were coming for your children.

While he was organizing a Drag Queen Story Hour for children as young as 3 years old, Drag Queen Dylan Pontiff stated, We are trying to groom the next generation.

Characters such as the Genderbread Person and the Gender Unicorn are being presented in schools across the country and in childrens books in public libraries.

This leads to confusion in the childrens minds, distracts them from learning the core subjects to allow them to thrive in the world and global economy.

The 2022 U.S. News and World Report ranking of high schools shows that Anne Arundel Countys school rankings have dropped markedly since the last ranking in 2020.

So, what is the end game? Connect the dots. Children are presented with discussions on gender year after year under the pride flag. They become confused and distracted leading to psychological gender dysphoria. Tragically, many of the children eventually consider hormones or surgical procedures.

A Swedish 30-year longitudinal study has found that after 10 years of gender transition, the suicide rate of transgender re-assignment is 19 times the norm.

The federal Family Educational Rights and Privacy Act requires that schools allow parents to inspect and review their childs education records as long as the child is under 18.

Rather than dismissing this position as extremism, it is a practical statement of the common-sense facts in front of all to see.

Parents, please pay very close attention to what is being presented to your children.

Michael Vernon, Crownsville

The just-announced legal settlement with the family of Henrietta Lacks by Thermo Fisher Scientific for the companys commercialization of her cervical tissue is not only a step toward racial justice, but it may also help secure reproductive rights.

Although the settlement is out-of-court, the outcome of the case confirms existing court rulings that hold our bodily tissues and organs to be our property under American law.

It follows from this that government seizure, control and use of our organs for public purposes is regulated by the Takings Clause of the Fifth Amendment. It prohibits the seizure of property without compensation.

Restrictions on abortions imposed by states after the courts reversal of Roe v Wade, therefore, violate the Fifth Amendment. Abortion bans effectively seize control of womens wombs for the duration of pregnancy without compensation to achieve the public purpose of bringing a fetus to full term.

Any woman incurring costs and suffering injury because of these restrictions has grounds to sue for state compensation for the taking of property. They could be joined in legal action by health insurers that bear some of these costs or sued by survivors of any woman who died as a result.

Suits based on this reasoning are likely to succeed. Conservative justices reject the privacy-right basis of Roe because it is implied and not part of the Constitutions text. They cannot ignore the explicit plain-text meaning of the Fifth Amendment. This is especially true given that these same justices have urged the court to embrace a more expansive interpretation of the Takings Clause.

If pro-choice organizations pursue this legal route, they might not be able to guarantee reproductive freedom, but they can make states that restrict this freedom pay dearly for seizing control of womens organs.

Thomas Woodward, Arnold

Congratulations and thanks to Anne Arundel County, the VA Maryland Health Care System and the Maryland Department of Veterans Affairs that organized and hosted the PACT Act Veterans Claims Clinic & VA Health Care Enrollment Fair at Anne Arundel Community College on July 26.

This was a first for Anne Arundel County. Many thanks to the county executive for his support and to Department of Aging and Disabilities staff who participated. Thanks to the Maryland Department of Veterans Affairs, the County Veterans Affairs Commission, and the many other organizations that participated that day. The venue was the Anne Arundel Community College (Student Union). An estimated 120 veterans registered to attend, though more arrived who had not registered (and were helped).

Initial reactions from both sides of the table recognize the event was well-organized and well-run, and a repeat in the future is recommended. This was not only a great opportunity for veterans to file claims, but also a great opportunity for county organizations to learn how they interact with one another. Attendance exceeded expectations!

John Church, Davidsonville

Colonel, USAF Ret

The news is full of stories of wildfires followed by the typical alarmist pronouncements about climate change. But during the last two decades satellites have recorded fires across the planet and data from NASA shows the area burned each year has been decreasing since 2002. In that year it was over 3%, but it hit a new record low of 2.2% in 2022.

The Hoover Institution at Stanford University reports that last year the acreage burned by fires in the U.S. was just one-fifth that which burned annually in the 1930s.

Fortunately, most people are now becoming aware that the climate problem has been over-hyped. While global warming is a real challenge, most are not willing to support the incredibly expensive policies proposed by green politicians.

The Armageddon claims are intended to scare us into accepting these expensive policies that will have only a negligible, if any, real impact upon the world.

Worse still, anyone who claims otherwise is labeled a flat-earther or otherwise ridiculed and subject to cancelation. Even Nobel Prize winning physicist Dr. John Clauser was censored for daring to say, In my opinion, there is no real climate crisis. He added that the problem of providing energy to the worlds growing population is a crisis that is unnecessarily exacerbated by incorrect climate science.

Sensible discussion and debate are needed. With the media exulting the alarmists and ignoring anyone who contradicts them, I am not hopeful that we will get it.

Charles Muskin, Arnold

Deale Beach residents, be aware of your Property Tax Bill. You will see that you have been charged $471.17 dollars by your Home Owners Association. The $75 you were paying has now SUBSTANTIALLY increased.

You can contact your HOA through email at dealebeach@gmail.com to receive an excuse of why we are being more or less bribed into paying the amount. Because if you dont pay your Property Tax Bill, the county can step in and issue a fine, or threaten to sell your property to pay the tax you owe.

A review of the Budget Request Form of Expenditures showed no mention or warning of this large amount of fees to be charged to our Property Tax Bill.

The HOA says the money is to repair our very small bulkhead, and a few ramp repairs.

If they accrue $471.17 from 181 residents that amount would be $85,280. And the HOA has $11,500 in reserve funds. No one debates not keeping our small community in a proper condition, but to increase HOA fees by quadruple is someones extremely in poor judgment.

Also, when a member of the committee issues derogatory statements to another member, who dissented from the vote to increase the fees, it makes us wonder about the professionalism of the officers.

And one last comment: The HOA might continue to charge this amount or increase it in the future.

I would welcome anyone who could help with having these fees reduced significantly.

Vicki Marsh, Deale

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Call to faith-based leaders to help end violence; Parents need to pay ... - Capital Gazette

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"Stunning development": Experts say Trump target letter is surest … – Salon

Posted: June 12, 2023 at 10:18 pm

Federal prosecutors notified Donald Trump's legal team that he is a target of their probe into his handling of classified documents after leaving office, people familiar with the investigation told The New York Times.

This has been the clearest signal so far from special counsel Jack Smith's team that Trump is likely to face charges in the Mar-a-Lago documents case, The Times reported.

"It should come as no surprise to anyone that Trump is a target of this investigation, based on public reporting about the evidence," former U.S. Attorney Barb McQuade, a University of Michigan law professor, told Salon. "He is at the center of what appears to be a willful retention of classified documents and obstruction of justice."

Trump's legal team received a "target letter" days before his lawyers James Trusty, John Rowley and Lindsey Halligan met with Smith, who is leading the probe, and others at the Justice Department, to ask prosecutors not to charge the former president.

"Typically, prosecutors will tell a defense attorney upon request whether the client is a target, usually so that the client can assess his potential criminal exposure to decide whether to testify or instead assert the Fifth Amendment privilege against self-incrimination," McQuade said.

The Department of Justice is getting ready to petition a grand jury in Washington, DC, to indict the former president on charges of breaching the Espionage Act and obstructing justice as early as Thursday, according to The Independent.Prosecutors are ready to ask grand jurors to approve an indictment against the former president for violating a portion of the US criminal code known as Section 793, which prohibits "gathering, transmitting or losing" any "information respecting the national defense," The Independent reported.Prosecutors plan to ask grand jurors to vote on the indictment on Thursday, but the vote may be delayed for up to a week to give investigators more time to gather additional evidence if required, according to the outlet.

"Legally, the Trump team will get organized for charges to be filed and politically the former president will have to decide on a strategy to publicly address possible charges," Brandon Rottinghaus, a political science professor at the University of Houston, told Salon.

Since last year, prosecutors have been examining potential mishandling of classified materials and obstruction of government efforts by Trump after more than 300 documents with classified markings were discovered at Mar-a-Lago.

Last year, FBI agents retrieved more than 100 classified documents from Mar-a-Lago despite Trump being issued a subpoena in May 2022 requesting the return of all documents in his possession and his legal team saying that a diligent search had not turned up any more.

Want a daily wrap-up of all the news and commentary Salon has to offer? Subscribe to our morning newsletter, Crash Course.

Recent reports indicate that Smith is in the final stages of concluding the probe into Trump after obtaining testimony from various individuals with close ties to the ex-president.

Over 20 members of Trump's Secret Service security team have either testified or been summoned by the Washington grand jury in recent months, according to The Times.

A Florida grand jury has also been hearing testimony from a handful of witnesses since last month, which legal experts have suggested could mean that federal prosecutors have decided as an appropriate venue to file charges.

Former Trump spokesperson Taylor Budowich, who testified before the Florida grand jury on Wednesday, criticized the Justice Department's probe as "bogus and deeply troubling," on Twitter.

It remains unclear how many more witnesses are scheduled to testify before the Miami grand jury.

"This is a stunning development in the political world of former presidents," Rottinghaus said. "We have not had an indictment against a former president let alone one running for president again."

Read more

about the Trump probe

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LIV, PGA drop a bombshell on Washington – POLITICO

Posted: at 10:18 pm

With help from Daniel Lippman

LIV AND PGAS BOMBSHELL: Saudi-financed LIV Golf announced this morning that it would merge with the PGA Tour and the tours European counterpart in a deal that reverberated across the golf world and official Washington alike after years of acrimony and days after one Washington PR firm registered as a foreign agent for its work for the Saudi upstart league.

As part of the deal, LIV, PGA and DP World Tour will combine to form a new for-profit entity that has yet to be named, into which Saudi Arabias sovereign wealth fund, the Public Investment Fund, will pour potentially billions of dollars, PIF Governor Yasir Al-Rumayyan, who will chair the combined entity, told CNBC. Contentious litigation between the golf bodies will come to an end as part of the deal as well.

As POLITICOs Kierra Frazier, Josh Sisco and Hailey Fuchs report, the deal is sure to spark fresh antitrust concerns at the Justice Department, while critics who accused Saudi Arabia of using LIV to rehab the kingdoms tarnished reputation on human rights (critics that until recently included the PGA Tour itself) directed some of that criticism back at the PGA Tour.

Senate Finance Chair Ron Wyden (D-Ore.) called the merger a brazen, shameless cash grab and vowed to dive into every piece of Saudi Arabias deal with the PGA.

Even before the deal was announced, 9/11 Families United demanded that DOJ investigate what the group alleged were numerous disturbing violations of FARA following the retroactive registration last month of the consulting firm Gitcho Goodwin for months of PR work on LIVs behalf. Even as these two consultants have filed retroactively, the groups national Chair Terry Strada wrote in a letter obtained by POLITICO, it appears a number of U.S. consultants paid by the Saudi government have not.

Strada pointed to POLITICOs reporting on the contingent of firms including those with ties to the GOP political world that have supported LIVs launch and efforts to rebuff criticism. As PI wrote last week, several FARA experts predicted that Gitcho Goodwins FARA registration (which has since been terminated) was unlikely to be the last for those working for LIV.

Whether thats true of the soon-to-be-combined golf entity remains to be seen, with so few details available about the structure of the new company. I would think that both the PGA and LIV would account for foreign influence-related considerations (including FARA) in the transaction and prospective structure since those have been so front-and-center during LIVs existence, said Matthew Sanderson, an attorney at Caplin & Drysdale who advises clients on the law.

Josh Rosenstein, an attorney with Sandler Reiff Lamb Rosenstein & Birkenstock who specializes in FARA, argued that the devil will be in the details here, pointing to the statutes exemptions for foreign or state owned or funded companies for certain work. PIF and other sovereign wealth funds like it have invested in plenty of major companies, whose representatives dont register under FARA. The merger does raise the real possibility that the new entity itself would be required to register under FARA, particularly if it remains funded or subsidized by the PIF, he said in an email.

But even though Gitcho Goodwins rationale for registering under FARA which in part cited court filings from LIVs litigation with the PGA Tour might appear to leave little wiggle room for the combined league, he added, theres still a path for the new companys advisers to avoid having to register.

Happy Tuesday and welcome to PI. Send K Street tips: [emailprotected]. And be sure to follow me on Twitter: @caitlinoprysko. CHAMBER ADDS FTC AIDE: The U.S. Chamber of Commerce has hired a former aide to recently departed Republican FTC Commissioner Christine Wilson amid the business lobbys feud with the agency and its aggressive antitrust agenda under Chair Lina Khan. Nina Frant is joining the Chamber as vice president for consumer policy.

She most recently served as an attorney-adviser to Wilson, who quit the FTC in protest of Khans leadership earlier this year, and previously was a consumer protection counsel at Wells Fargo and an attorney in the Office of Supervision Policy at the CFPB (another Chamber sparring partner).

In a statement, Chamber antitrust executive Sean Heather said that Frant understands that policies can be both pro-consumer and pro-business, as markets ensure the interests of both are well-aligned. Her experience will be invaluable to our members as we seek to hold regulatory overreach in check.

As part of that effort, the Chamber has already sued the FTC for documents about its rulemaking process and has accused the agency of exceeding its authority. The organization last week applauded the news that Republicans on the House Oversight Committee had opened an investigation into Khans tenure as chair.

FIRST IN PI NARRATIVE BREAKS OUT HEALTH CARE PRACTICE: Public affairs firm Narrative Strategies has hired Rachel Gartner Clark as a managing director, where she will lead a new, formal health care practice for the firm. Gartner Clark was most recently a senior group director at Real Chemistry, and is a Weber Shandwick and Edelman alum.

Since our founding, Narrative has helped healthcare clients win some of the most challenging policy fights while building and enhancing their reputations, Narrative founding partner Ken Spain said in a statement, adding that the restructure would give us an even greater ability to deliver strategic guidance to a growing roster of industry clients.

The firm has also added Zazni Vlijter and Connor Brandi as strategic communications associates. Brandi was previously an associate at Hilltop Public Solutions, and Vlijter was previously an intern at the firm.

NOT GOING DOWN WITHOUT A FIGHT: Pharmaceutical giant Merck sued the federal government on Tuesday to block Medicare drug price negotiations, calling the program unconstitutional, POLITICOs Megan Wilson reports.

The complaint, filed against the Department of Health and Human Services and the Centers for Medicare and Medicaid Services, argued that Medicares efforts to negotiate certain drug prices is political Kabuki theater that is tantamount to extortion. It further described the drug negotiation program, part of the Inflation Reduction Act, as a dystopian parody of negotiation that violates the companys First and Fifth Amendment rights.

Merck, in its complaint, said the negotiations and the stipulated minimum discounts drugmakers are forced to provide lest they incur a massive tax, run afoul of the Fifth Amendments takings clause, which requires the government provide just compensation for property taken for public use.

WILL THEY GO FOR A HAT TRICK?: The Securities and Exchange Commission sued Coinbase on Tuesday, a back-to-back punch by regulators trying to flex their power over the crypto industry The Wall Street Journals Dave Michaels and Vicky Ge Huang report, following the regulators lawsuit on Monday against Binance and its founder.

The SEC alleged that Coinbase, the largest crypto exchange in the U.S., violated rules that require it to register as an exchange and be overseen by the federal agency. The lawsuits are significant moves by the SEC and Chair Gary Gensler, who took office in 2021, to try to regulate the entire crypto industry.

The SECs strategy has centered on using its enforcement division to subdue crypto companies and show why its regulations apply to crypto activities, with increasing focus on the biggest players rather than just the companies and currencies at the margins.

The SECs lawsuit against Coinbase, filed in Manhattan federal court, bore some notable differences from its lawsuit the day before against Binance. The SEC didnt name Coinbase Chief Executive Brian Armstrong as a defendant or accuse the company of mishandling customer funds. Binance and its U.S. affiliate Binance.US said Monday they would defend themselves, and that all user assets were secure.

The agency had been telegraphing todays move against Coinbase for months, and the exchange pushed back on Tuesday, accusing the SEC of taking an enforcement-only approach with the crypto industry in the absence of clear rules.

FLY-IN SZN: A slew of industry and advocacy groups are hitting the Hill this week for fly-ins, including the National Wood Pallets & Container Association, which is bringing executives to share its priorities for the farm bill like supply chain sustainability and workforce and trade constraints. The trade group is set to meet with more than two dozen offices with an emphasis on Agriculture Committee leaders and members in both chambers, including meetings with Sen. John Boozman (R-Ark.) and Rep. G.T. Thompson (R-Pa.).

The Natural Products Association is bringing natural product manufacturers, distributors and retailers to the Hill tomorrow to discuss FDA oversight and enforcement, the dietary supply chain and expanding HSA/FSA coverage for supplements. The group is set to meet with offices from the Senate Finance and HELP and House Ways and Means committees, and Sens. Markwayne Mullin (R-Okla.), Alex Padilla (D-Calif.), Ted Budd (R-N.C.), Mike Lee (R-Utah), Kyrsten Sinema (I-Ariz.) and Tim Scott (R-S.C.).

The National Grocers Association, meanwhile, is holding its second competition-focused fly-in today and tomorrow. Independent grocers and wholesalers will push lawmakers to strengthen the Robinson-Patman Act and support for SNAP in the farm bill and hold a grocery bagging competition with lawmakers.

Hospice and palliative care advocates are also in town with the National Hospice and Palliative Care Organization and the Hospice Action Network to educate members and staff on the value of hospice care, and advocate for payment increases and workforce shortages. Theyve got meetings scheduled with more than 100 offices.

Former HUD Secretary Shaun Donovan has been named CEO and president of the housing nonprofit Enterprise Community Partners.

Andrea McGee has joined the National Federation of Independent Business as a federal government relations manager after more than a decade working for Sen. John Cornyn (R-Texas), most recently as administrative director.

Robert Falb is joining the Association of Organ Procurement Organizations as director of government affairs. He previously served as the director of U.S. regulatory affairs at the Alliance for Regenerative Medicine.

The Household & Commercial Products Association has promoted Mike Gruber from senior vice president to executive vice president of government relations and public policy, and Christopher Finarelli and Michelle Kopa from directors to senior director of state government relations and public policy for the west and east regions, respectively.

Chris Andresen has been named a partner at Dutko Government Relations. Hes been with the firm for 17 years, most recently as a senior vice president.

Amy Davis is Leidos new senior vice president and chief security officer. She was most recently deputy chief for the National Security Agencys office of security and counterintelligence.

Retired Army Lt. Gen. Neil Thurgood has joined Anduril Industries as senior vice president and will lead the companys expansion in Huntsville, Ala. He was most recently the inaugural director of the Army Rapid Capabilities and Critical Technology Office.

Ted Love, the former CEO of Global Blood Therapeutics, was elected chair of the Biotechnology Innovation Organizations board of directors. Love, who will serve a two-year term, succeeds Nkarta CEO Paul Hastings.

Benjy Messner is now of counsel at Precision Strategies to help lead their data and analytics practice. He will also continue work with his own firm, New River Strategies.

Jason Botel is joining Age of Learning as vice president of national partnerships. He was most recently vice president of corporate development at Catapult Learning and is an Education Department alum.

None.

Association for Commuter Transportation PAC (ACT PAC) (PAC) Blue AZ PAC (Super PAC) Don Tommy Pham (PAC) Fight Like Hell PAC (Hybrid PAC) The Riverside PAC (Super PAC) Vannevar Labs, Inc. PAC (PAC) Voyager PAC (PAC)

Ballard Partners: Julian Rudolph Ballard Partners: Sr Technologies, Inc. Ballard Partners: Techlaunch Academy Brownstein Hyatt Farber Schreck, LLP: Sierra Space Cfm Strategic Communications (Conkling Fiskum & Mccormick): Seh America Empire Consulting Group: Fox Corporation Holland & Knight LLP: Quantum Industry Coalition Intealth: Intealth Mclarty Inbound LLC: An Acquisition, LLC Ogilvy Government Relations: Iapd - The Performance Plastics Association Subject Matter: Fox Corporation The Normandy Group, LLC: City Of Boerne, Texas The Raben Group: Reform Alliance Todd Strategy Group: Fox Corporation Tonio Burgos & Associates, Inc.: Puerto Rico Fiscal Agency And Financial Advisory Authority Venable LLP: Vertanical Gmbh Vitello Consulting: Stonington Global On Bhalf Of Pyle USa

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