Legal Material

UNDERSTANDING THE FREEDOM OF INFORMATION ACT

The Freedom of Information Act allows the complete or selective dissemination of previously unreleased information and documentation controlled by the United States government and federal freedom of information law. The Act renders department information liable to transparency, establishes required disclosure policies, and specifies nine exemptions to the statute.

The Act was designed to cause U.S. government agencies’ operations to be increasingly accessible. The American public might more readily find government functioning deficiencies and clamp down on their representatives to resolve these issues. The Freedom of Information Act refers to information maintained by Federal departments inside the executive branch. The executive branch comprises cabinet offices, military departments, government companies, independent administrative organizations, and independent regulatory commissions.

The Freedom of Information Act does not cover elected members of the nation, including the president, vice president, judges, and delegates. The FOIA does not extend to the Federal judiciary. The FOIA primarily extends to entities. It does not extend to private corporations, companies that accept Federal grants, non-profits, or state or municipal governments.

Although the public is aware of the media’s usage of FOIA for garnering information for journalistic purposes, companies, law firms, and individuals are often far more regular requesters of personal details. It has been noted that the fundamental aim of the FOIA is to ‘open … up the workings of government to public scrutiny.’ One of the principles of that mission is the conviction that ‘an informed electorate is vital to the proper operation of a democracy.’ A more precise intention implied in the aforementioned ideals is to provide people access to knowledge on the basis on which government institutions make their decisions, thus equipping the people to analyze and critique those choices.

EXCLUSIONS to the freedom of information act

By amending the Freedom of Information Act in 1986, Congress essentially shielded sensitive law enforcement matters. The Congress offered special safeguards for three narrow divisions of law enforcement and national security documentation. The restrictions governing these documents are classified as ‘exclusions.’ These exclusions are particular in their scope and the circumstances in which they function, expressly authorizing federal law enforcement agencies under these circumstances to “treat the records as not subject to the requirements of the FOIA.”

The first exclusion safeguards an open federal law enforcement inquiry wherein the investigation’s target is ignorant that the investigation is underway and disclosure of the investigation would fairly be likely to conflict with the operation.

The second exclusion is restricted to criminal law enforcement authorities, which covers informant data when the informant’s status is ambiguous.

The third exclusion is restricted to the FBI, which covers the presence of global intelligence or counterintelligence, or international terrorism documents when the existence of those records is protected. Records excluded by statute are not subject to the provisions of the Freedom of Information Act.

FREEDOM OF INFORMATION ACT

The Act explicitly applies only to executive branch government agencies. These agencies are under several mandates to comply with public solicitation of information. Coupled with making public and accessible all bureaucratic and technical procedures for applying for documents from that agency, agencies are also subject to penalties for hindering the process of a petition for information. If “agency personnel acted arbitrarily or capriciously concerning the withholding, Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding.”

It must be noted at this juncture that if disclosure of the information is in the public interest and is imminent in significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester, then the documents are furnished at either a lower cost or no cost at all.

In this way, there is recourse for one seeking information to go to a federal court if suspicion of illegal tampering or delayed sending of records exists. However, there are nine exemptions to the FOIA, addressing issues of sensitivity and personal rights.

Exemption 1 of the Freedom of Information Act prevents publication of information that has already been considered confidential “under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy.” It is “in fact properly classified under such Executive order.” The Supreme Court has acknowledged that the President bears liability for securing national security, including developing policy that establishes what information must be classified to prevent harm to national security. The first exception covers all parts of the FOIA which are correctly labeled. . This exemption is specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy, and Exemption (B) is, in fact, properly classified under such Executive order;

Exemption 2 of the Freedom of Information Act exempts from mandatory disclosure records that are “related solely to the internal personnel rules and practices of an agency.” The Supreme Court has held that agencies must look to Exemption’s plain language to determine its scope. Based on Exemption 2’s text, and as set forth by the Supreme Court in Milner v. Department of the Navy, three elements must be satisfied for information to fit within Exemption 2, being [A.] that the information must be related to ‘personnel’ rules and practices, [B.] that the information must relate “solely” to those personnel rules and practices and [C.] that the information must be “internal”‘ meaning that ‘the agency must typically keep the records to itself for its own use.’

Exemption 3 is specifically exempted from disclosure by statute (other than section 552b of this title). This is under the mandate that either [A.] the matters be withheld from the public in such a manner as to leave no discretion on the issue, or [B.] a particular criterion is established for withholding or refers to particular types of matters to be withheld. Exemption 3 of the Freedom of Information Act incorporates certain nondisclosure provisions into the FOIA provisions in other federal statutes. Exemption 3 allows for the withholding of information prohibited from disclosure by another federal statute provided that one of two disjunctive requirements are met. Each year, agencies must list all Exemption 3 statutes that they relied upon during the year’s Annual FOIA Reports.

Exemption 4 covers two distinct categories of information in federal agency records: [A.’ trade secrets, and [B.] information that is (a) commercial or financial, and (b) obtained from a person, and (c) privileged or confidential.

Exemption 5 of the Freedom of Information Act protects “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.” Interpretations of the statute have been vague, courts believing the statute to specify the “exemption of those documents, and only those documents that are normally privileged in the civil discovery context.” The Supreme Court has since clarified that the coverage of Exemption 5 is quite broad, encompassing both statutory privileges and those commonly recognized by case law and that it is not limited to those privileges explicitly mentioned in its legislative history. This exemption hence covers all civil discovery mechanisms.

Exemption 6 protects personal privacy interests alongside and 7(C). Exemption 6 protects information about individuals in “personnel and medical files and similar files” when the disclosure of such information “would constitute a clearly unwarranted invasion of personal privacy.” A four-step procedure is laid down in this regard, the exemption requiring [A.] determination of whether the information at issue is personnel, medical, or “similar” file; [B.] determination of whether there is a significant privacy interest in the requested information, [C.] an evaluation of the requester’s asserted FOIA public interest in disclosure; and [D.], if there is a significant privacy interest in nondisclosure and a FOIA public interest in disclosure, balancing of those competing interests is imperative to determine whether disclosure “would constitute a clearly unwarranted invasion of personal privacy.

Exemption 7 addresses records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information [A.] could reasonably be expected to interfere with enforcement proceedings; [B.] would deprive a person of a right to a fair trial or an impartial adjudication, [C.] could reasonably be expected to constitute an unwarranted invasion of personal privacy, ([D.] could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source; [E.] would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or [F.] could reasonably be expected to endanger the life or physical safety of any individual;

Exemption 8 pertains to the information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions

Exemption 9 provides a basis for the exemption of geological and geophysical information and data, including maps, concerning wells

The Postal Reorganization Act exempts the United States Postal Service (USPS) from the disclosure of “information of a commercial nature, including trade secrets, whether or not obtained from a person outside the Postal Service, which under good business practice would not be publicly disclosed.” Significantly, courts have held that the requirements of the FOIA do not begin to apply until an agency receives a proper FOIA request – one that reasonably describes the records sought and complies with published rules regarding procedures to be followed

REQUIREMENTS OF AGENCIES

Each agency is mandated to reveal to the Federal Register the public information as to descriptions of its central and field organization and the established place, methods, and employees from whom the public may obtain information, make submittals or requests, or obtain decisions. It is also necessitated in this regard for statements of functions of the agency and the nature and requirements of all formal and informal procedures available. This means rules of procedure, forms, or instructions at which papers could be made accessible under this act’s umbrella.

Under the FOIA Act, an agency is mandated to release substantive rules of general applicability adopted as authorized by law and statements of general policy or interpretations of general applicability formulated and adopted by the same.

Each agency should maintain and render available for public inspection a record of each member’s final votes in every agency proceeding. Under the FOIA Act, a time limit of twenty days is provided to notify the requestor of whether the request will comply. It is necessary to enumerate to the requester [A.] such determination and the reasons therefore; [B.] the right to seek assistance from the FOIA Public Liaison of the agency; and in the case of an adverse determination [C.] the right of such person to appeal to the head of the agency not less than ninety days after the date of such adverse determination with an option to seek dispute resolution services from the FOIA Public Liaison of the agency or the Office of Government Information Services

Of course, the twenty-day period is extendable if the agency reaches out to the requester for more information or fee assessment. However, the twenty-day window may also be extended by ‘unusual circumstances’ specified in a written notice to the requestor. These circumstances must be specified and an extension to be reasonably communicated. The agency must notify the individual about their request’s status if it was unable to be processed within the time limit.

To make matters easier for the requester, each agency must make its FOIA Public Liaison available, be responsible for addressing any disputes between the requester and the agency, and notify the requester of the requester’s right to seek dispute resolution services from the Office of Government Information Services.

THE IMPACT OF THE FREEDOM OF INFORMATION ACT

The FOIA specifies the protocols and methods for deciding the information that must be released and which documents should be excluded. Under the statute, there are administrative and judicial options for persons who are refused access to documents. The primary aim is to provide the public with as much knowledge as practicable. The background of this act ideates its nature as a disclosure statute. It expects that the requested documents are to be disclosed, and the agency must actively justify its withholding of information given the act’s exemptions from disclosure. Implementing the act’s exemptions is a permissive statute; if the requested information requires protection, disclosure is optional. Therefore, when deciding whether FOIA covers a document, a document or collection of records must be retained in situations when the department legitimately assumes the publication will be detrimental to an interest shielded by an exemption. When a requestor applies for a series of records, the organization must disclose all the documents, not just a list or subsection of these files. Contrary to the Department of Justice’s October 12, 2001 guidelines, the standard to withhold information should not be to withhold information whenever there is a sound legal basis for doing so.

INDIVIDUAL PRIVACY IN THE CONTEXT OF THE FOIA

The Privacy Act of 1974 is a counterpart of the Freedom of Information Act. The Act controls how the Federal Government treats sensitive records in the context of recordkeeping and disclosure practices. The act offers a simple way for citizens to review records of themselves maintained by Federal agencies. Federal legislation mandates that personal records be correct, full, appropriate, and timely about agency files. The focus of the record is empowered to question the authenticity of the information maintained.

The Act demands that the subject be aware of how their information will be utilized and that the information was obtained from the individual themselves. The Privacy Act offers people legal redress where their privacy rights have been breached. A further critical provision of the Privacy Act is that agencies are required to publish a chronicle regarding any system of documents they retain that includes any personally identifying details. This prohibits organizations from maintaining or concealing secret documents.

The Privacy Act further forbids Federal agencies from releasing personally identifying details that have been collected. Together under the Freedom of Information Act, the Privacy Act provides that personal files may be revealed to the subject individual. The two rules keep personal information private, where exposure would breach the privacy rights of the individual.

Although the Freedom of Information Act and the Privacy Act encourage disseminating department records, they also shield information that should remain confidential. Thus, agencies can withhold information appropriately classified according to the needs of national security and foreign policy investigations. Other forms of information could be omitted as well, depending on the agency that governs it.

The key aspect of both laws is that they retain Government Agencies’ obligation to disseminate records. The Freedom of Information Act and the Privacy Act establish the ability to submit a request and access documents and respond to the request. If the documents do not qualify for publication, the requester is supplied to justify why publication is impossible. The requester is further entitled to an appeal and, if necessary, brings a suit appealing the rejection. The foregoing privileges add meaning to the legislation and render it workable. To avoid unreasonable and unreviewable, Federal Government acts, arbitrary or unreviewable actions cannot control a disclosure.

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Sources

1. Freedom of Information Act (FOIA), 5 U.S.C. § 552

2. To understand the role of the Special Counsel:

(F(i)Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously concerning the withholding, the Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. After investigation and consideration of the evidence submitted, the Special Counsel shall submit his findings and recommendations to the agency’s administrative authority and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Special Counsel recommends.

(ii)The Attorney General shall—

(I)notify the Special Counsel of each civil action described under the first sentence of clause (i); and

(II)annually submit a report to Congress on the number of such civil actions in the preceding year.

(iii)The Special Counsel shall annually submit a report to Congress on the Special Counsel’s actions under clause (i).

(G)In the event of noncompliance with the court’s order, the district court may punish for contempt the responsible employee, and in the case of a uniformed service, the responsible member.

3. 5 U.S. Code § 552 – Public information; agency rules, opinions, orders, records, and proceedings

4. Milner v. Dep’t of the Navy, 562 U.S. 562, 569-70 (2011)

5. As used in this subparagraph, “unusual circumstances” means, but only to the extent reasonably necessary to the proper processing of the particular requests—

(I)the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;

(II)the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or

(III)the need for consultation shall be conducted with all practicable speed, with another agency having a substantial interest in determining the request or among two or more components of the agency having substantial subject-matter interest therein.

6. Although No such notice shall specify a date that would result in an extension for more than ten working days

7. MEMORANDUM FOR HEADS OF ALL FEDERAL DEPARTMENTS AND AGENCIES, The Freedom of Information Act, John Ashcroft, Attorney General

“…Our citizens have a strong interest as well in a government that is fully fun.

I encourage your agency to carefully consider protecting all such values and interests when making disclosure determinations under the FOIA. Any discretionary decision by your agency to disclose information protected under the FOIA should be made only after full and deliberate consideration of the institutional, commercial, and personal privacy interests that could be implicated by disclosure of the information.

In making these decisions, you should consult with the Department of Justice’s Office of Information and Privacy when significant FOIA issues arise, as well as with our Civil Division on FOIA litigation matters. When you carefully consider FOIA requests and decide to withhold records, in whole or in part, you can be assured that the Department of Justice will defend your decisions unless they lack a sound legal basis or present an unwarranted risk of adverse impact on the ability of other agencies to protect other important records.

This memorandum supersedes the Department of Justice’s FOIA Memorandum of October 4, 1993, and it likewise creates no substantive or procedural right enforceable at law.”

How Jury Nullification Shapes American Justice

This article will provide guidance on How Jury Nullification Shapes American Justice. The U.S. Constitution gives all suspects the right to a jury trial. This system draws jurors from diverse backgrounds. They don’t need specific qualifications beyond basic criteria. This key feature of the U.S. legal system allows juries to ignore laws if applying them seems unjust. This is known as jury nullification. Click here to watch our introduction video.

Understanding Jury Nullification

Jury nullification happens when jurors acquit a defendant they think is guilty. They may find the law unjust or its punishment too severe. Although not formally recognized, nullification comes from jurors’ protection against prosecution for acquittals and the rule against double jeopardy. It lets a jury oppose the law, sometimes leading to its disuse, as with Prohibition. Click Here for Frequently Asked Questions About Process Servers!

Juries confirm facts and apply laws to decide cases. Their decisions can reflect disagreement with the law or sympathy for the defendant. This doesn’t change their obligation to follow the law. Nullification can also happen in civil trials. It shows wider social or legal disagreement.

When Jury Nullification Happens

Jury nullification has led to acquittals that defy the law. Reasons include disagreement with the law itself or disapproval of the defendant’s actions. It can occur in cases of diminished capacity, drug policy criticism, or racial bias. This shows its complex and sometimes controversial nature. Click here for information on How Process Servers Protect Your Rights: Myths Debunked

Jury Nullification’s Controversial History

Courts treat jury nullification cautiously. Major cases have limited judges’ duties to inform juries about nullification. They often penalize clear nullification arguments. Despite rulings against it, nullification remains a real jury power. It shows a jury’s ultimate freedom in deciding verdicts.

The Legal Status of Jury Nullification

Legally, jury nullification is a gray area. Judges can’t force guilty verdicts, and jurors’ not guilty decisions are final. Confusion about its legitimacy comes from debates over jury trials and the U.S. legal system. While critics seek to limit its use, it emphasizes jurors’ crucial role in justice. This highlights the debate over openly recognizing it and its effects on legal fairness and equality.

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CRIMINAL EXPOSURE: INSURRECTION AT THE U.S. CAPITOL

On 26 June 2020, in the wake of Black Lives Matter anti-racism and police brutality protests, the Trump Government Enacted the Executive Order “Protecting American Monuments, Memorials, and Statues,” pushing for anyone who “participates in efforts to incite violence or other illegal activity in connection with riots and acts of vandalism” to be punished to the fullest degree possible. Pres. Trump stressed the importance of the order, stating that the citizens had a right to peacefully advocate for either the removal or the construction of any monument to individuals or organizations, but condemned individuals or groups from exercising this right to damage, deface or remove any monument by use of force. However, the order was signed with an intent clearly expressed to protect monuments and statues from “anarchists and left-wing extremists.”

However, in light a mob of violent Trump supporters stormed the Capitol Building in Washington, DC, destroying, vandalizing, and desecrating federal property in the process, including several sculptures in Statuary Hall. Trump’s adherents had compromised the U.S. Capitol, causing the house to be shut down. Videos and photographs show demonstrators in confrontation with the police.

The order itself calls on the Justice Department to make a priority of those cases and instructs U.S. agencies to possibly withhold money from cities and states that did not protect memorials from “destruction of vandalism.” Thus, a major issue is a bias toward social justice protesters and unequal applications of the law.

ISSUE AT THE CAPITOL

Assailants smashed through the bollards of the Capitol—considered a monument in and of itself—breaking doors and locks, bursting into the offices of elected officials, and stealing and destroying furniture. According to the New York Times, an individual took away the lectern used by House Speaker Nancy Pelosi and another, ripped a scroll with Chinese characters from a room’s wall. The mob also marched down the halls brandishing Confederate flags and decking statues in white supremacist and pro-Trump regalia.

The violation and desecration of federal property are significant. In fact, busts and statues of Presidents were vandalized to follow through with the rioters’ ideology. However, the response of the President has been immensely different. Even though the President eventually called for the mob to vacate the premises, the reaction was delayed in its timing and tone. The President appeared more favorable to the mob than his earlier response to the BLM protests. ,

Notwithstanding any potential disciplinary measures taken towards individuals who lately vandalized the Capitol, Trump’s nonchalance against the movement is in sharp contrast with last year’s extreme censorship of BLM demonstrators, as seen in his invocation of the term “when the looting begins, the shooting begins.”

EFFECT OF THE ORDER

The June 26^th Order called for law enforcement to “prosecute to the fullest extent” anyone who “participates in efforts to incite violence or other illegal activity in connection with the riots and acts of vandalism.” For “willful injury” of federal property, an individual could now get up to a decade in prison. The order directly references the protesters taking down monuments and statues of Confederate officials and other controversial historical figures. President chides state and local governments for not being able to distinguish between free speech and vandalism.

The actions of the Capitol breach could, therefore, have far-reaching consequences. Authorities have begun to bring charges against the mob members, especially since it forced Congress to halt its proceeding to formally certify Joe Biden’s defeat of Trump in the Nov. 3 presidential election. Vice President Mike Pence vowed that “those involved will be prosecuted to the fullest extent of the law,” and Biden called the episode an “insurrection.” According to the acting US Attorney in Washington, law enforcement’s initial response seemed slow; more than forty individuals have since been charged under the siege.

Although most charges were for unlawful entry, individuals have been charged for assault as well. No individual is allowed to occupy the roads in the United States Capitol Grounds in a manner that obstructs or hinders their proper use or use of the roads in the Grounds area. This also applies to the conveyance of goods or merchandise unless the conveyor is a part of the United States Capitol on Federal Government service

INTENT BEHIND THE ORDER

The order cites a sustained assault on the life and property of civilians, law enforcement officers, government property, and revered American monuments such as the Lincoln Memorial and singles out ideologies like “Marxism” in the actions of supposed “rioters, arsonists, and left-wing extremists.” Mr. Trump’s order also calls for withholding federal funds from local jurisdictions and police departments that fail to stop such “mob rule.” The order called for action against those individuals who led the riots.

A major part of the order is the withholding of federal support tied to public spaces from State and local governments that have “failed to protect public monuments, memorials, and statues from destruction or vandalism.” The President cited the supposed abandonment of law enforcement responsibilities concerning public monuments, memorials, and statues to be a sufficient cloud on their ability to maintain the peace in their jurisdictions, preventing them from being qualified for the limited Federal funds that support public spaces.

Federal backing has also been withdrawn from law enforcement agencies that have supposedly failed to protect public monuments, memorials, and statues from destruction or vandalism. This is owing to the unwillingness of state and local laws in the face of attack. The executive order denounced state support because of “sympathy for the extremists behind this violence or some other improper reason” and prevented them from being qualified for Federal patronage. Ironically, the major theme in the order itself refers to the management of these law enforcement agencies, especially after the Capitol’s police response led to a major outcry of whether justice would be served.

Even though there were thousands of people on the Capitol grounds, there were no mass arrests. While there were huge numbers of people on Capitol grounds, there were no mass arrests with the protesters. Furthermore, the breach of the heavily guarded Capitol’s security, especially with a lockdown issued, seemed especially concerning. In the light of the mass incarceration and use of force by Black Lives Matter by police during peaceful demonstrations, the order directly correlates to the current situation.

The Attorney General is responsible for the investigation by the order. It is instructed to fast-track within the Department of Justice the investigation and prosecution of matters about said defacement of monuments. The Attorney General is then empowered to take all appropriate enforcement action against individuals and organizations found to have supposedly violated Federal law through these investigations. This would mean that they are required to work with State and local law enforcement authorities and Federal agencies to ensure the smooth flow of information and assistance between the Federal Government and State and local law enforcement authorities in connection with their investigations or prosecutions for the desecration of monuments, memorials, and statues. This assistance is valid regardless of whether the monuments are located on Federal property.

SO, WHO’S ACCOUNTABLE?

The Capitol’s mob was guilty of a wide variety of criminal offenses, even if they were not detained. A wide variety of crimes occurred, and prosecutors could charge individuals even if they walked away from the incident without being detained. Even without trespass charges, firearms offenses and ‘wilful injury of the federal property could be brought about. Since the aim was disrupting the congress’s work, restrictions on the Capitol’s grounds’ unlawful activities should apply. Furthermore, any individual who is not a Congress member is explicitly barred from appearing on the House or Senate floor.

Allegations of sedition or insurrection will indeed necessitate proof of intent to disrupt or even overthrow the government. (sedition conviction has an upper limit prison term of twenty years.) During the Black Lives Matter protests in June, Trump issued an executive order asserting that his regime would prosecute anyone who harmed federal property with a prison sentence of up to ten years. Prosecutions may also occur under the Anti-Riot Act, making it illegal to traverse national lines to incite a riot—or even empower another person to riot. The State might also have to pursue prison sentences of up to five years for those prosecuted with “civil disorder” by hindering or seeking to hinder law enforcement officers’ actions performing their professional capacity.

It must be noted that calls to hold the President accountable for the crowd’s actions have been issued, citing its insurrection. Evaluating past social media incendiary comments alongside consistent rhetoric for the election’s non-concession has rendered the President liable for a second impeachment.

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Sources

1. Section 1. Purpose. The government’s first duty is to ensure domestic tranquility and defend its citizens’ life, property, and rights. Over the last 5 weeks, there has been a sustained assault on the life and property of civilians, law enforcement officers, government property, and revered American monuments such as the Lincoln Memorial. Many of the rioters, arsonists, and left-wing extremists who have carried out and supported these acts have explicitly identified themselves with ideologies — such as Marxism — that call for the destruction of the United States system of government.

Anarchists and left-wing extremists have sought to advance a fringe ideology that paints the United States of America as fundamentally unjust and has sought to impose that ideology on Americans through violence and mob intimidation. They have led riots in the streets, burned police vehicles, killed and assaulted government officers and business owners defending their property, and even seized an area within one city where law and order gave way to anarchy. During the unrest, innocent citizens also have been harmed and killed.

These criminal acts are frequently planned and supported by agitators who have traveled across state lines to promote their own violent agenda. These radicals shamelessly attack the legitimacy of our institutions and the very rule of law itself…

2. A bust of 12th US President Zachary Taylor was smeared in red liquid, presumably blood, by one of the agitators. Another climbed on top of 38th President Gerald R. Ford’s statue and outfitted the figure with a Make America Great Again cap and a Trump flag. An “America First” placard was rested on a statue of former US Senator Charles Carroll of Carrollton, and a stuffed eagle was placed on his shoulder.

3. He also described them as “very special” in a video that has since been taken down from Twitter for its inclusion of falsehoods regarding the 2020 election.

4. “And earlier this month, in Boston, a memorial commemorating an African-American regiment that fought in the Civil War was defaced with graffiti,” the order specifically states

5. “In the midst of these attacks, many state and local governments appear to have lost the ability to distinguish between the lawful exercise of rights to free speech and assembly and unvarnished vandalism. They have surrendered to mob rule

6. US vice president vows to prosecute Capitol rioters Anadolu Ajansı, https://www.aa.com.tr/en/americas/us-vice-president-vows-to-prosecute-capitol-rioters/2100999 (last visited Jan 12, 2021)

7. Thirteen Charged in Federal Court Following Riot at the United States Capitol, https://www.justice.gov/opa/pr/thirteen-charged-federal-court-following-riot-united-states-capitol (last visited Jan 12, 2021)

8. Michael Sherwin.

9. According to the Associated Press report, more than 10,000 protesters were detained as of early June after nationwide demonstrations against the police.

10. 40 USC 5104: Unlawful activities

11. 40 USC 5104: Unlawful activities: d) Injuries to Property.-A person may not step or climb on, remove, or in any way injure any statue, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf, in the Grounds.

(e) Capitol Grounds and Buildings Security.-

(1) Firearms, dangerous weapons, explosives, or incendiary devices.-An individual or group of individuals-

(A) except as authorized by regulations prescribed by the Capitol Police Board-

(i) may not carry on or have readily accessible to any individual on the Grounds or in any of the Capitol Buildings a firearm, a dangerous weapon, explosives, or an incendiary device;

(ii) may not discharge a firearm or explosives, use a dangerous weapon, or ignite an incendiary device, on the Grounds or in any of the Capitol Buildings; or

(iii) may not transport on the Grounds or in any of the Capitol Buildings explosives or an incendiary device; or

(B) may not knowingly, with force and violence, enter or remain on the floor of either House of Congress

How the Emoluments Clause Guards Against Foreign Influence

Understanding the Foreign Emoluments Clause

This article will provide guidance on How the Emoluments Clause Guards Against Foreign Influence. The Constitution of the United States, specifically in Article I, Section 9, Clause 8, includes a provision known as the Foreign Emoluments Clause. This clause primarily prevents members of the federal government from accepting gifts, titles, offices, or other forms of emoluments from foreign states and monarchies without the consent of the United States Congress. It aims to eliminate any potential for foreign influence or unconscious bias in the decisions of federal officials by prohibiting the acceptance of anything of value from foreign entities. Similarly, the Domestic Emoluments Clause restricts the president from receiving any emolument beyond their official compensation, reinforcing the clause’s overarching goal to prevent corruption and foreign influence. Click here to watch our introduction video

Delving into the Definition of Emoluments

The term ’emolument’ derives from the Latin word emolumentum, signifying both effort and benefit. It encompasses any advantage, service, or benefit, extending beyond mere monetary gifts to include any form of value that could potentially compromise an official’s loyalty. The Constitution mentions ’emolument’ in three distinct provisions, each designed to safeguard the integrity of U.S. federal officials from undue influence. The interpretation of what constitutes an emolument varies, with legal scholars and the Office of Legal Counsel (OLC) providing guidance on its application, particularly in preventing corruption within the government. Click Here for Frequently Asked Questions About Process Servers!

The Purpose Behind the Clause

The primary intent of the Emoluments Clause is to prevent individuals, especially those in government positions, from exploiting their roles for personal gain. The clause aims to diminish foreign interference and ensure the president’s independence by prohibiting the acceptance of gifts or benefits from foreign states. Furthermore, it seeks to maintain a clear separation of powers by preventing executive influence over the legislature through financial means.

Historical Context and the Framers’ Intent

The framers of the Constitution included the Foreign Emoluments Clause to prevent the emergence of a nobility-based society and to protect the fledgling republic from corruption by foreign powers. Recognizing the dangers of foreign influence, they sought to ensure that the U.S. government remained free from the corrupting effects of foreign gifts and titles, thereby preserving the integrity of the nation’s democratic institutions.

Enforcement Challenges and Legal Interpretations

Enforcing the Emoluments Clause presents challenges, particularly in determining the proper role of federal courts and Congress in addressing violations. Legal battles, especially those involving President Donald Trump, have highlighted issues of standing and the extent to which the clause applies to elected officials. Despite these challenges, there is a consensus on the clause’s applicability to federal officeholders, with laws and ethical guidelines reinforcing its principles to prevent undue foreign influence.

In conclusion, the Foreign Emoluments Clause plays a crucial role in safeguarding the U.S. government against foreign interference and corruption. By prohibiting federal officials from accepting emoluments from foreign entities without congressional approval, the clause ensures the loyalty and integrity of government officials remain unimpeachable, preserving the foundational principles of the republic.

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How the United States Deportation & Removal Procedures Works

Introduction

This article will provide guidance on How Deportation & Removal Procedures Work in the United States When the US government removes an immigrant from the country, the process is commonly referred to as deportation. However, the more accurate term is ‘removal.’ This action can be taken against both documented and undocumented immigrants under US Immigration Law, indicating that the reasons for removal are diverse and based on various legal grounds. Click here to watch our introduction video.

The Agencies Involved in Immigration Enforcement

Immigration and Customs Enforcement (ICE)

ICE is primarily responsible for enforcing immigration laws within the country’s borders. This includes arresting immigrants, detaining them, and ultimately removing them from the United States. Click Here for Frequently Asked Questions About Process Servers!

U.S. Citizenship and Immigration Services (USCIS)

USCIS handles everyday immigration matters such as visa applications and naturalization. In some cases, USCIS also initiates removal proceedings, particularly when an individual’s application for lawful permanent residence is denied without any other legal basis to remain in the country. Click here for information on How Rush Process Service Can Expedite Your Case.

Customs and Border Protection (CBP)

CBP guards the borders and ports of entry to prevent unauthorized entry into the country. While they can execute expedited removals, most cases are referred to the Executive Office for Immigration Review for a more comprehensive legal process. Click here for information on How Process Servers Protect Your Rights: Myths Debunked

Reasons for Deportation in the United States

Violation of Immigration Laws

Immigrants can be removed for failing to adhere to visa conditions, overstaying their visa, or not reporting changes in address. Both documented and undocumented individuals are at risk, though the latter are more frequently subject to removal. Click here for information on How To Identify A Good Process Service Agency.

Fraud and Misrepresentation

Activities aimed at deceiving immigration authorities, such as marriage fraud or falsifying documents, are grounds for removal.

Criminal Convictions

Crimes, ranging from misdemeanors to serious offenses like aggravated felonies, can lead to deportation. The type and severity of the crime often influence the likelihood of removal.

Rights of Immigrants Facing Deportation

Legal Representation

All individuals have the right to an attorney and to a fair trial, although the specifics of these rights can vary based on the immigrant’s status and the nature of their case.

Waivers and Relief

In certain cases, the Attorney General has the discretion to waive deportation if the immigrant meets specific criteria, such as aiding a spouse or child.

Special Considerations

Asylum Seekers

Individuals fearing persecution in their home country may apply for asylum. This status provides protection from removal under certain conditions.

Adjustment of Status

This process allows for changing one’s immigration status, potentially providing a pathway to lawful permanent residency based on family relationships or other qualifications.

Cancellation of Removal

This legal defense against deportation is available under specific circumstances, such as demonstrating prolonged presence in the U.S. and showing “exceptional and extremely unusual hardship” to a U.S. citizen or lawful permanent resident relative.

Voluntary Departure

Under certain conditions, an individual may opt for voluntary departure to avoid the consequences of formal deportation, making it easier to legally return to the U.S. in the future.

Conclusion

Understanding the complex framework of Deportation & Removal Procedures in the United States is crucial for immigrants and their families. Knowing the roles of various immigration agencies, the grounds for deportation, and the rights and options available can empower those facing such proceedings to navigate the process more effectively.

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How to Utilize Letters Rogatory for International Judicial Assistance

This article will provide guidance on How to Utilize Letters Rogatory for International Judicial Assistance. Letters rogatory, or letters of request, are formal pleas from one court to a foreign court for judicial help. Commonly, courts use them for evidence collection or process serving. These requests enable courts to subpoena witnesses under foreign jurisdictions when no governing treaty exists. Click here to watch our introduction video.

The Role of Letters Rogatory

These letters are crucial for cross-border judicial aid, particularly when treaties like the Hague Service Convention or the Inter-American Convention don’t apply. They respect national sovereignty by seeking permission for acts like process serving or evidence gathering from foreign courts. Click Here for Frequently Asked Questions About Process Servers!

Navigating International Conventions

When nations are part of conventions like the Hague Service or Evidence Conventions, central authorities under these treaties facilitate the process. Without such treaties, letters rogatory undergo a lengthy process involving diplomatic or consular channels, often delaying judicial assistance. Click here for information on How Rush Process Service Can Expedite Your Case.

The Hague Service Convention

This 1965 convention streamlined document transmission between signatory states, eliminating the need for diplomatic channels for service. Similarly, the 1970 Hague Evidence Convention set procedures for evidence collection, with a designated central authority in each state handling requests to comply with the convention’s standards. Click here for information on How The Hague Convention Simplifies International Process Service

Crafting Letters Rogatory

Drafting effective letters rogatory involves clear, simple language and often requires translation into the receiving country’s language. The request should include case details, the nature of assistance needed, and a promise of reciprocity. A judge must sign these letters, emphasizing the judicial nature of the request.

Execution and Format

Execution involves several steps, from drafting to sending the request through the appropriate channels. Local attorneys may assist in countries allowing direct submission from foreign courts. The format should comply with the foreign court’s requirements, avoiding overly broad requests that could lead to rejection.

Documentation and Submission

Multiple copies of the documents, including translations, should accompany the letters rogatory. The submission packet also includes a cover letter detailing the request and a certified check for any consular fees. The U.S. Department of State then forwards the documents through diplomatic channels.

Conclusion

While letters rogatory are a last resort due to their complexity and cost, they remain a vital tool for securing international judicial assistance. Success hinges on adherence to both the requesting and receiving countries’ legal frameworks, ensuring the process aligns with international legal standards.

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How to Ensure HIPAA Compliance: Protecting Patient Privacy

This article will provide guidance on How to Ensure HIPAA Compliance Protecting Patient Privacy. The Health Insurance Portability and Accountability Act (HIPAA) of 1996 set the standard for protecting sensitive patient data. It prevents the disclosure of this information without the patient’s consent. This law affects health insurance, healthcare transactions, and more. Click here to watch our introduction video.

Why HIPAA Matters

HIPAA is vital for keeping health care plans secure. It ensures medical data stays private and sets health care standards in the U.S. It covers various medical services and technology. Non-compliance can lead to penalties. Click Here for Frequently Asked Questions About Process Servers!

The HIPAA Privacy Rule Explained

Due to medical identity theft concerns, the HIPAA Privacy Rule came into effect. The U.S. Department of Health and Human Services introduced it. It controls how health information is used and shared. It aims to protect patient privacy while allowing high-quality care. Click here for information on How Rush Process Service Can Expedite Your Case.

Protected Health Information (PHI)

PHI includes any data that could identify a patient or their medical history. This includes names, contact details, and medical records. Protecting this information is crucial to prevent identity theft. Click here for information on How Process Servers Protect Your Rights: Myths Debunked.

Who Needs to Comply

The rule applies to the healthcare sector broadly. This includes providers, health plans, and those processing health information. They must follow HIPAA to protect patient data. Click here for information on How To Identify A Good Process Service Agency.

Health Plans

This category includes insurers and HMOs, among others. They must comply with HIPAA Compliance rules to operate.

Business Associates

Firms that handle PHI for other entities must also protect this information. They must agree to maintain their confidentiality.

Permissible Disclosures

HIPAA allows certain disclosures without patient consent. This includes disclosures to the patient or for the public interest. However, entities must limit the information shared.

The HIPAA Security Rule

This rule focuses on electronic PHI. It requires entities to protect the confidentiality and integrity of this data. They must identify and mitigate risks to this information.

HIPAA Service Requirements and Notices

Entities must handle PHI carefully, especially in legal documents. They must also inform patients about their privacy rights. Notices must explain how their information may be used or shared.

Conclusion

Complying with HIPAA is essential for protecting patient information. It involves following specific rules and practices. This guide simplifies the key points of HIPAA compliance, highlighting the need for security and privacy in health care.

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How to Successfully Navigate the Probate Process in New York

This article will provide guidance on how to successfully navigate the probate process in New York. Navigating the probate process and executing wills in New York requires understanding several key procedures. This guide aims to demystify the process, ensuring assets are distributed according to the deceased’s wishes efficiently. Click here to watch our introduction video.

Initiating Probate for Wills in New York

Understanding Probate

The initiation of the probate process becomes necessary when someone passes away with a will. This judicial procedure confirms the will’s validity, ensuring the deceased’s assets are distributed correctly. Specifically, estates valued over USD 50,000 must undergo this process. Conversely, intestacy cases or estates under USD 50,000 follow a different set of rules. Click Here for Frequently Asked Questions About Process Servers!

Executor Appointment

The Surrogate Court in the deceased’s county needs to appoint an executor. This vital step allows the executor to start the probate process, validating the will and confirming it accurately reflects the deceased’s final wishes. Click here for information on How Rush Process Service Can Expedite Your Case.

Determining a Will’s Validity in New York

A valid will requires the signature of at least two witnesses, in addition to the testator’s. Importantly, the individual must create the will voluntarily, free from undue influence or duress, and while of sound mind.

Key Requirements for a Valid Will

Witness Declaration: The law mandates that witnesses acknowledge the document as the testator’s will and record their addresses upon signing.
Signing Requirements: New York law permits a thirty-day period for witness signatures following the testator’s signing, not necessitating immediate signing in front of witnesses.
Self-Proving Affidavits: Although optional, these affidavits facilitate the probate process by verifying witness identities, thus eliminating the need for their presence in court.

Asset Distribution Without a Will

In the absence of a will, New York’s intestacy laws determine asset distribution among the deceased’s relatives. Small estates, valued under $50,000, can be processed through a simplified procedure, avoiding the traditional probate process. Click here for information on How Process Servers Protect Your Rights: Myths Debunked

How to File a Will in New York

The Probate Process

The executor must file the original will and a probate petition to initiate the process. Armed with ‘letters testamentary,’ the executor acts on the estate’s behalf, necessitating a death certificate to establish authority.

Challenging a Will

Should disputes arise about the will’s validity, interested parties can raise objections during the probate. The estate’s value dictates the filing fees.

Executor’s Responsibilities in New York

The executor’s role is critical, encompassing asset inventory, debt settlement, tax payments, property appraisal, and asset distribution according to the will.

Serving Probate Papers

Serving legal notices can present challenges, particularly in locating involved parties or addressing will ambiguities. Adequate notices ensure all interested parties receive information.

Estate Planning and Management Considerations

Effective estate management post-bereavement is essential. Estate planning involves preparing various documents and understanding procedures to ensure asset distribution aligns with the decedent’s wishes, highlighting the importance of identifying clear beneficiaries and complying with legal requirements.

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How Consumer Protection Laws Safeguard Your Financial Rights

This article will provide guidance on How Consumer Protection Laws Safeguard Your Financial Rights. Consumer protection laws are designed to prevent consumers from having their rights infringed upon. In today’s digital age, where personal information is widely accessible online, the capability of creditors to collect financial data on individuals raises significant concerns. Click here to watch our introduction video

Credit Protection: A Crucial Safeguard

Credit protection, a vital aspect of consumer protection, aims to shield consumers from practices that could negatively affect their future creditworthiness. Specifically, it seeks to prevent actions that may unjustly impact a consumer’s credit score. Federal regulations limit the information that can be utilized in assessing a consumer’s creditworthiness, tracing back to the Consumer Credit Protection Act (CCPA) of 1968. Click Here for Frequently Asked Questions About Process Servers!

Understanding the Consumer Credit Protection Act

The CCPA of 1968 marked Congress’s initial step towards safeguarding consumer rights. This federal statute encompasses various titles related to consumer credit, mandating full disclosure of finance charges in lending transactions. Since its inception, the CCPA has evolved, incorporating amendments to address debt collection, credit reporting, and other areas, thereby enhancing consumer protections. Click here for information on How Rush Process Service Can Expedite Your Case.

The Truth in Lending Act (TILA)

The TILA aims to provide consumers with transparent lending and advertising, ensuring full disclosure of finance terms. This act enables consumers to make informed decisions regarding credit use by requiring creditors to present transaction-related information. Although TILA mandates disclosure of certain terms, it doesn’t obligate creditors to reveal all lending options, focusing instead on transaction-specific details. Click here for information on How Process Servers Protect Your Rights: Myths Debunked.

Wage Garnishment: Title III

Title III addresses wage garnishment, a legal mechanism for debt repayment through earnings withholding. It protects employees from unjust termination due to debt, setting clear limits on garnishable earnings. The provisions underscore the balance between debt repayment and employee rights. Click here for information on How To Identify A Good Process Service Agency.

The Credit Repair Organizations Act (CROA)

The CROA, part of the CCPA, targets unethical practices by credit repair organizations. It aims to protect consumers, particularly those with lower incomes, from exploitation, ensuring they receive sufficient information to make informed decisions regarding credit repair services.

Fair Debt Collection Practices Act (FDCPA)

The FDCPA, an amendment to the CCPA, establishes protections against abusive debt collection practices. It sets guidelines for debt collectors, safeguarding consumer rights and ensuring the accuracy of debt information.

The Fair Credit Billing Act (FCBA)

The FCBA addresses billing errors in consumer credit transactions, protecting consumers against unauthorized charges and establishing procedures for dispute resolution. It emphasizes consumer rights in the face of billing inaccuracies without affecting credit reports for disputed charges.

Electronic Fund Transfer Act (EFTA)

Similar to the FCBA, the EFTA outlines procedures for addressing errors in electronic fund transfers. It mandates clear disclosures and provides consumers with rights regarding unauthorized transfers, ensuring transparency and security in electronic financial transactions.

Equal Credit Opportunity Act (ECOA)

The ECOA combats discrimination in credit availability, ensuring equal access to credit for all individuals. It prohibits discrimination based on various factors, including income source, and mandates creditors to provide reasons for credit denial or altered terms.

Conclusion

The combined efforts of various federal laws and agencies, like the Consumer Financial Protection Bureau, aim to shield individuals from unfair and exploitative practices in the financial sector. Credit cards and other financial products should empower consumers, not burden them with undue obligations. Through these protective measures, individuals can navigate the financial landscape with confidence and security.

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How to Improve Your Credit Score Essential Credit Repair Strategies

This article will provide guidance on How to Improve Your Credit Score: Essential Credit Repair Strategies. Understanding and managing your credit score is pivotal in today’s financial landscape. This guide aims to provide comprehensive insights into enhancing your creditworthiness. Click here for information on How Rush Process Service Can Expedite Your Case.

How Process Service Works

Understanding Your Credit Score

A credit score significantly impacts your financial life, influencing loan eligibility, interest rates, and job prospects. High scores open up favorable lending terms, whereas low scores limit options. Credit bureaus like Equifax, TransUnion, and Experian compile credit histories to calculate scores, using financial data from lenders to assess creditworthiness. Click Here for Frequently Asked Questions About Process Servers!

The Necessity of Credit Repair

Credit Repair Strategies aimed at correcting inaccurate information on your credit report can boost your score. You can initiate this process yourself or seek professional help. Nevertheless, vigilance is necessary to prevent scams and avoid further credit damage. Click here for information on How Service of Process Ensures A Solid Foundation

Credit Repair Strategies for Removing Negative Information

The Fair Credit Reporting Act (FCRA)

The FCRA allows consumers to dispute inaccuracies on their credit reports, safeguarding the integrity of collected information and limiting access to authorized parties. Click here for information on How Process Servers Protect Your Rights: Myths Debunked

Initiating Disputes

To challenge inaccuracies, submit disputes online or via mail with supporting evidence. For accurate but negative information, consider goodwill letters or pay-for-delete agreements, though their success is not guaranteed. Click here for information on How To Overcome Language Barriers in Process Service

Goodwill Letters

A goodwill letter requests a creditor to remove a negative entry as a gesture of goodwill, typically after a late payment. Success depends on the creditor’s willingness.

Pay-for-Delete Negotiations

Negotiating a pay-for-delete agreement involves offering payment to a creditor in exchange for removing a negative entry. This method is not universally accepted and is subject to regulatory complexities.

Seeking Help from Credit Repair Agencies

Credit repair agencies can provide guidance through the process, but it’s essential to verify their credibility to sidestep scams. These agencies assist in disputing inaccuracies and enhancing your credit score, albeit without guarantees for removing valid negative information.

Legislative Protections

The Fair Credit Reporting Act (FCRA)

The FCRA ensures the accurate and fair use of credit information, requiring agencies to notify consumers about adverse credit-based decisions and allowing the right to dispute inaccuracies.

The Fair and Accurate Credit Transactions Act (FACTA)

FACTA, amending the FCRA, bolsters consumer rights regarding credit information accuracy and access. It mandates free annual credit reports and introduces measures against identity theft and for secure information disposal.

Key Takeaways for Effective Credit Repair Strategies

Your credit score is crucial for financial opportunities, affecting loan conditions and availability.
Disputing report errors under the FCRA can lead to score improvements.
Goodwill letters and pay-for-delete agreements offer potential but uncertain remedies for negative entries.
Credit repair agencies can aid in credit improvement efforts, though choosing reputable services is critical.
Legislative measures like the FCRA and FACTA protect consumer rights, providing mechanisms for disputing inaccuracies and accessing credit information.

Credit Repair Strategies requires leveraging your rights, understanding the dispute process, and effectively using available strategies. Whether independently addressing credit issues or enlisting professional assistance, informed actions can substantially enhance your financial well-being.

Written by: Undisputed Legal Inc.