Question for Norm DeGuerre

[usmcveteran]

Interesting thought popped into my head while reading more articles about covid lol.

So let's say you test positive for covid and the state then asks you about your whereabouts and who you have been. Can you plead the fifth refuse to answer? Say you had 11 or more people over for Thanksgiving or Christmas or whatever. Can you get away without cooperating with the health department (I assume there are normally consequences)?

What do you think?

(I'm not saying anyone should do the above, it's merely a thought exercise).

[thughes]

I'm thinking that the 5th secures your right to avoid self-incrimination but in a situation where there has been no crime committed, your whereabouts and whom you were in contact with would not fall under the 5th and refusal to answer could be considered obstruction of governmental business? Also in play (and working against king andy should he decide to pursue this information) is the fact that if you had 11 guests for Thanksgiving you were not in criminal violation of published penal code, you simply disobeyed a civil directive which does not carry the weight of law. Hence any push by government to force you to divulge said information on the grounds that it does not fall under protection of the 5th also validates the fact that executive orders are indeed NOT law (contrary to what andy has publicly stated). Quite the quandary, eh?

[usmcveteran]

Exactly, since cuomo is king the mere fact he said executive order is law should be all the grounds one would need to claim the 5th unless he admits he is wrong which is impossible .

[WARFAB]

I'm thinking that the 5th secures your right to avoid self-incrimination but in a situation where there has been no crime committed, your whereabouts and whom you were in contact with would not fall under the 5th and refusal to answer could be considered obstruction of governmental business?

You have the right to remain silent either way. I'd be interested in hearing Norm DeGuerre's thoughts on pleading the 5th specifically though. Given the number of felonies the average person unwittingly commits daily, it seems pleading the 5th should work fine as a blanket statement any time you are interacting with the authorities. Proving a negative (no crime committed) would not be an easy thing for the authorities to do, especially given the ridiculous number of laws they have put on the books.

Hence any push by government to force you to divulge said information on the grounds that it does not fall under protection of the 5th also validates the fact that executive orders are indeed NOT law (contrary to what andy has publicly stated). Quite the quandary, eh?

^^Love this.

The tale of Mac's Public House.

When Gov. Andrew M. Cuomo mandated a 10 p.m. curfew at bars, Mac’s Public House, a tavern on Staten Island, stayed open after hours.

When indoor dining was banned in the area because of high coronavirus infection rates, the bar continued to serve local customers inside.

When the state suspended the pub’s liquor license, the general manager announced a way to skirt the law: by serving food and alcohol for free — still indoors — in exchange for a contribution.

Keith McAlarney, the bar owner, ignored cease-and-desist notices and rapidly accruing fines, he said. Mr. McAlarney painted an orange rectangle out front and declared the bar an “autonomous zone.” He publicly taunted Mr. Cuomo and Mayor Bill de Blasio, whom he called “de Bozo,” to come down in person and take the license off the wall.

https://www.nytimes.com/2020/12/02/n...ronavirus.html

On Tuesday, deputies from the city’s sheriff’s office arrested Danny Presti, the bar manager, for obstructing governmental administration. They led him away in handcuffs as protesters and loyal customers heckled them.

Looks like it's a class A misdemeanor. Last I heard the courts are backlogged and the right to a speedy trial isn't so speedy. Fun times.

The owner of Mac's Public House was arrested Tuesday, but they opened up again Friday night. Might be interesting to watch. Cuomo's "learning actions have consequences" response to the owners arrest turned my stomach. My knee jerk response to Cuomo's statement was something that I can't post here.

[gtnorry]

I didn’t go anywhere but to Walmart

[thughes]

And this just in......

https://www.wgrz.com/article/news/lo...7-59caf0d992bc

Peaceful non-compliance, love it!

[usmcveteran]

100 year payment plan LMFAO!