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THE FIFTH AMENDMENT, THE PAPER CHASE AND THE ULTIMATE THREAT TO U.S. DEMOCRACY

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by Vijaya Chandrasoma

The Fifth Amendment of the Constitution of the United States of America is divided into five clauses, protecting the legal rights of the individual in civil and criminal cases. These are: the right to a grand jury; double jeopardy; self-incrimination; due process; and compensation when private property is used for public use.

The self-incrimination clause protects persons accused of committing a crime from being forced to testify against themselves. According to the US judicial system, a person is presumed innocent, and it is the responsibility of the state to prove guilt. Evidence gained from coerced confessions or from the testimony of the accused in a court of law, when their actual words may be used against them, are protected when they “take the Fifth”.

While taking the Fifth is not considered to be an admission of guilt in the legal sense, Donald Trump, former president of the United States, has often derided the Fifth Amendment in the past as the “refuge of mobsters”. At a rally in Iowa in 2016, he said: “The Mob takes the Fifth. If you are innocent, why should you take the Fifth? Only the guilty takes the Fifth.” He has, on numerous rallies during his presidency, railed about the implied guilt of those who take the Fifth.

Last week, Donald Trump, during his testimony in a case of tax fraud brought against him by Letitia James, the State Attorney of New York, invoked his Fifth Amendments rights on a world record count of 440 questions! Maybe Trump was right, after all, when he said that the Fifth Amendment is a “refuge of mobsters” and crooks.

Trump currently has so many charges against him in Georgia (Election Fraud), Washington D. C. (Seditious Conspiracy, Insurrection, Interfering with an Official Procedure and Defrauding the United States), the aforementioned New York trial (Tax and Insurance Fraud, Money Laundering). Add to these the Select Committee investigating into his role on inciting the events leading to the January 6 Insurrection, one’s head starts spinning.

Last week, the spinning increased violently with the news that a search warrant for his resort home at Mar a Lago, Southern Florida, had been issued by Attorney General Merrick Garland, on information that 11 more boxes containing classified documents had been stolen when Trump vacated the White House in January 2021. These documents were being held in an unsecured basement at the resort.

Six months after Trump was forced out of the White House, rumours were rife that Trump had stolen many boxes containing documents, and taken them to Mar a Lago. These documents belonged to the National Archives and Records Administration (NARA) in Washington D.C. When the FBI questioned Trump about the removal of these documents six month later, his lawyers gave up 15 boxes containing White House documents. The Department of Justice gave Trump a free pass on the federal crime of illegal possession of government property, as it was thought that he had surrendered all the stolen documents on request.

Last week, acting on information that there were more documents unlawfully retained at the resort, the FBI, armed with a legally approved search warrant signed by a federal judge, raided the former president’s home. They served the search warrant to the former president three days before. Trump was at his club in Bedminster, New Jersey at the time, but his lawyers were present at all times during the search.

In a statement after the raid, Trump sobbed that his beloved home at Mar a Lago was “under siege, raided, and occupied by a large group of FBI agents. They even broke into my safe.” Reminds me of my European History teacher at Royal. Describing the violence during the French Revolution, he famously said, “Even the windows were broken.”

Trump, ever the victim, never the criminal, wailed that this unlawful raid was yet another witch hunt by the Democrats. He maintained that all the documents confiscated by the FBI were deemed declassified by him with his invisible presidential wand; that even if they were not so declassified, they were surreptitiously planted by the FBI. And, in any event, the documents belonged to him. They did not, they belonged to the National Archives.

His supporters immediately sprang to his defence, echoing his contradictory screams of victimization, that Trump is the target of a shadowy conspiracy, painting the FBI as jackbooted thugs – like the German Gestapo – operating on the orders of a tyrannical federal government.

Florida governor Ron de Santis, the leading non-Trump favourite for the Republican presidential nomination in 2024 called it “another escalation in the weaponization of federal agencies against the regime’s political opponents”. Florida Senator Rick Scott, whose telephone was seized by the FBI the day after the Mar a Lago search, indicating that he was suspected of complicity in the storage of stolen documents, described the FBI action as “third world country stuff.” The maniacs of the QAnon (a radical right wing cult), led by Congresswomen Tailor Green and Boebert are demanding the defunding of the FBI, while declaring a call to arms, with threats of an “armed rebellion” and “a civil war.”

Fears of violence have grown after the Mar a Lago search. A man armed with an AR 15 style rifle and a nail gun attacked the FBI office in Cincinnati, Ohio. He was killed by the police after shooting a nail gun at people. No one else was wounded. Another man drove his car into a barricade near the Capitol in Washington DC and killed himself.

The FBI and the Department of Homeland Security have warned the public of an increase in violent threats posted in social media against federal officials and facilities, including a plan to place a so called “dirty bomb” in front of the FBI headquarters in Washington DC.

Attorney General Garland has received death threats after the search, as has Judge Bruce Reinhart, who is also facing a political firestorm for authorizing the search warrant. In despicable and vengeful desperation, Trump is threatening to release Closed Circuit TV footage at Mar a Lago during the search, which will identify, target and endanger the safety of FBI agents who were just doing their jobs.

After the attack on the FBI office in Ohio, Trump had a message conveyed to Attorney General Garland to the effect that “The country is on fire. What can I do to reduce the heat?” A veiled threat by the arsonist offering to help the firefighters!

Even if these seized documents were mainly collections of Aesop’s Fables and Grimms Fairy Tales, the removal of any documents, classified or not, from the White House by the outgoing president is in itself a federal crime. Not even Aesop or Grimm would have had the imagination to describe the criminality of the haul of documents seized by the FBI from Mar a Lago.

These documents show potential violations of three federal statutes, including the Espionage Act. They included five sets of documents marked “Top Secret SCI” (Sensitive Compartmented Information), granted access only to a handful of senior government executives on a “need-to-know” Top Secret Clearance by the Intelligence Community. These documents are considered germane to the nation’s nuclear arsenal and ongoing CIA investigations, which are deemed to have the potential to threaten the security of the nation.

Beyond belief is that these boxes of Top Secret documents had been lying, unsecured, in a basement of a golf club/resort, accessible to anyone visiting the resort, for over a year.

This will be an added case against Trump, which will be prosecuted along with the multitude of the other cases listed above. Trump is running low on his choice of defence lawyers, not only because of the volume of cases against him, but because few in the legal community wish to represent him as he famously stiffs his lawyers, refusing to pay their bills. Also, his regular lawyers like Rudy Guiliani, Lindsay Graham and Sydney Powers are too busy fighting their own indictments of election fraud and sedition.

The question that immediately arises is not that Trump is guilty of stealing Top Secret documents, but why he did it. And why they were being stored in an insecure basement of his home/resort? There is only one answer which is in perfect sync with the criminality of the former president. These documents are worth billions to our adversaries. Trump, who is beholden to no one but himself, certainly not to his country, who has never forsaken the opportunity to make a quick buck, would have sold them to the highest bidder. North Korean President Kim Jong Un, with whom Trump once claimed to be in love, his erstwhile puppet master Vladimir Putin and Saudi Arabian Prince Mohammed Bin Salman (MBS), come to mind as likely customers.

After the Mar a Lago raid, Fox News, as is their wont, rushed to the defence of Mein Fuhrer. Yet again, they try to defend the indefensible, to cover up and Foxsplain away the many instances of Trump’s crimes of extortion, obstruction of justice and sedition. In their eyes, Trump can do no wrong. And they persuade their many old, mainly white audience that Trumpism is the future of the country, against the evidence of their own ears and eyes. They lie, they obfuscate, they misinterpret the news to anger their already racist audience.

It was not always so. During the couple of decades I lived in the USA at the turn of the century, members of the Republican Party, including Fox News, espoused the classical conservative viewpoint. The Republican Party of yore was the Party of Lincoln, of law and order, small government, low taxation on the super wealthy and corporations, minimum anti-pollution ecological regulations, in short, espousing the Ayn Rand philosophy of “Full speed ahead and the devil take the hindmost”. Christianity was never poured down our throats. Live and let live was the order of the day. These opinions were right wing, but not virulently or violently racist and completely devoid of fact.

Although I am of a more progressive bent, I could live with these traditionally conservative policies. America had kind of lost its way and its thriving middle class of the 1970s with Reagan’s “trickle down” supply side economics in the ‘80s. But I was confident that, especially after the progress made by the Obama administration, the nation would finally auto-correct and catch up with the social democratic policies of the rest of the developed world.

I was spectacularly wrong.

Trump came along, and brought to the surface all the fascist prejudices of white supremacy seething during the administration of a black man. And Trump gave them the licence, even great pride to make public and violently act out these radical racist feelings without fear of government retaliation.

Unfortunately, after the Trump base of the radical right and Evangelicals crawled out of the woodwork, traditional conservatives continued to get their daily dose of misinformation from Fox News. They have been radicalized and corrupted by the fact-free propaganda machine of Trumpism. They consume as gospel the daily tariff of lies and criminal propaganda catered by Trump, through Fox News.

Fox News is the modern American counterpart of Goebbels’ German propaganda machine of the 1930s. They still pretend to believe and trumpet the big lie about 2020 election fraud. They continue to make ridiculous excuses for Trump’s criminal acts, bordering on treason. With this latest crime of stealing Top Secret documents, which amounts to espionage and treason, Trump faces his greatest test yet of his ability to survive scandal and escape imprisonment.

Should he succeed, and either he or one of his acolytes take control of Congress in the midterms in November and the White House in 2024, the United States of America would have abandoned the Great Experiment of Democracy born in 1789. Trump’s White Supremacist America would transform the world’s oldest democracy to the largest, most violently corrupt, nuclear-armed Banana Republic the world has even seen.

Hitler is long dead, but his dreams of an ethnically pure, white nation are being kept alive in the United States of America by Trump and his white supremacist Republican cult.



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Features

Cyclones, greed and philosophy for a new world order

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Floods caused by Cyclone Ditwah in Sri Lanka

Further to my earlier letter titled, “Psychology of Greed and Philosophy for a New World Order” (The Island 26.11.2025) it may not be far-fetched to say that the cause of the devastating cyclones that hit Sri Lanka and Indonesia last week could be traced back to human greed. Cyclones of this magnitude are said to be unusual in the equatorial region but, according to experts, the raised sea surface temperatures created the conditions for their occurrence. This is directly due to global warming which is caused by excessive emission of Greenhouse gases due to burning of fossil fuels and other activities. These activities cannot be brought under control as the rich, greedy Western powers do not want to abide by the terms and conditions agreed upon at the Paris Agreement of 2015, as was seen at the COP30 meeting in Brazil recently. Is there hope for third world countries? This is why the Global South must develop a New World Order. For this purpose, the proposed contentment/sufficiency philosophy based on morals like dhana, seela, bhavana, may provide the necessary foundation.

Further, such a philosophy need not be parochial and isolationist. It may not be  necessary to adopt systems that existed in the past that suited the times but develop a system that would be practical and also pragmatic in the context of the modern world.

It must be reiterated that without controlling the force of collective greed the present destructive socioeconomic system cannot be changed. Hence the need for a philosophy that incorporates the means of controlling greed. Dhana, seela, bhavana may suit Sri Lanka and most of the East which, as mentioned in my earlier letter, share a similar philosophical heritage. The rest of the world also may have to adopt a contentment / sufficiency philosophy with  strong and effective tenets that suit their culture, to bring under control the evil of greed. If not, there is no hope for the existence of the world. Global warming will destroy it with cyclones, forest fires, droughts, floods, crop failure and famine.

Leading economists had commented on the damaging effect of greed on the economy while philosophers, ancient as well as modern, had spoken about its degenerating influence on the inborn human morals. Ancient philosophers like Plato, Aristotle, and Epicurus all spoke about greed, viewing it as a destructive force that hindered a good life. They believed greed was rooted in personal immorality and prevented individuals from achieving true happiness by focusing on endless material accumulation rather than the limited wealth needed for natural needs.

Jeffry Sachs argues that greed is a destructive force that undermines social and environmental well-being, citing it as a major driver of climate change and economic inequality, referencing the ideas of Adam Smith, John Maynard Keynes, etc. Joseph Stiglitz, a Nobel Laureate economist, has criticised neoliberal ideology in similar terms.

In my earlier letter, I have discussed how contentment / sufficiency philosophy could effectively transform the socioeconomic system to one that prioritises collective well-being and sufficiency over rampant consumerism and greed, potentially leading to more sustainable economic models.

Obviously, these changes cannot be brought about without a change of attitude, morals and commitment of the rulers and the government. This cannot be achieved without a mass movement; people must realise the need for change. Such a movement would need  leadership. In this regard a critical responsibility lies with the educated middle class. It is they who must give leadership to the movement that would have the goal of getting rid of the evil of excessive greed. It is they who must educate the entire nation about the need for these changes.

The middle class would be the vanguard of change. It is the middle class that has the capacity to bring about change. It is the middle class that perform as a vibrant component of the society for political stability. It is the group which supplies political philosophy, ideology, movements, guidance and leaders for the rest of the society. The poor, who are the majority, need the political wisdom and leadership of the middle class.

Further, the middle class is the font of culture, creativity, literature, art and music. Thinkers, writers, artistes, musicians are fostered by the middle class. Cultural activity of the middle class could pervade down to the poor groups and have an effect on their cultural development as well. Similarly, education of a country depends on how educated the middle class is. It is the responsibility of the middle class to provide education to the poor people.

Most importantly, the morals of a society are imbued in the middle class and it is they who foster them. As morals are crucial in the battle against  greed, the middle class assume greater credentials to spearhead the movement against greed and bring in sustainable development and growth. Contentment sufficiency philosophy, based on morals, would form the strong foundation necessary for achieving the goal of a new world order. Thus, it is seen that the middle class is eminently suitable to be the vehicle that could adopt and disseminate a contentment/ sufficiency philosophy and lead the movement against the evil neo-liberal system that is destroying the world.

The Global South, which comprises the majority of the world’s poor, may have to realise, before it is too late, that it is they who are the most vulnerable to climate change though they may not be the greatest offenders who cause it. Yet, if they are to survive, they must get together and help each other to achieve self-sufficiency in the essential needs, like food, energy and medicine. Trade must not be via exploitative and weaponised currency but by means of a barter system, based on purchase power parity (PPP). The union of these countries could be an expansion of organisations,like BRICS, ASEAN, SCO, AU, etc., which already have the trade and financial arrangements though in a rudimentary state but with great potential, if only they could sort out their bilateral issues and work towards a Global South which is neither rich nor poor but sufficient, contented and safe, a lesson to the Global North. China, India and South Africa must play the lead role in this venture. They would need the support of a strong philosophy that has the capacity to fight the evil of greed, for they cannot achieve these goals if fettered by greed. The proposed contentment / sufficient philosophy would form a strong philosophical foundation for the Global South, to unite, fight greed and develop a new world order which, above all, will make it safe for life.

by Prof. N. A. de S. Amaratunga 
PHD, DSc, DLITT

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SINHARAJA: The Living Cathedral of Sri Lanka’s Rainforest Heritage

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Damp and thick undergrowth

When Senior biodiversity scientist Vimukthi Weeratunga speaks of Sinharaja, his voice carries the weight of four decades spent beneath its dripping emerald canopy. To him, Sri Lanka’s last great rainforest is not merely a protected area—it is “a cathedral of life,” a sanctuary where evolution whispers through every leaf, stream and shadow.

 “Sinharaja is the largest and most precious tropical rainforest we have,” Weeratunga said.

“Sixty to seventy percent of the plants and animals found here exist nowhere else on Earth. This forest is the heart of endemic biodiversity in Sri Lanka.”

A Magnet for the World’s Naturalists

Sinharaja’s allure lies not in charismatic megafauna but in the world of the small and extraordinary—tiny, jewel-toned frogs; iridescent butterflies; shy serpents; and canopy birds whose songs drift like threads of silver through the mist.

“You must walk slowly in Sinharaja,” Weeratunga smiled.

“Its beauty reveals itself only to those who are patient and observant.”

For global travellers fascinated by natural history, Sinharaja remains a top draw. Nearly 90% of nature-focused visitors to Sri Lanka place Sinharaja at the top of their itinerary, generating a deep economic pulse for surrounding communities.

A Forest Etched in History

Centuries before conservationists championed its cause, Sinharaja captured the imagination of explorers and scholars. British and Dutch botanists, venturing into the island’s interior from the 17th century onward, mapped streams, documented rare orchids, and penned some of the earliest scientific records of Sri Lanka’s natural heritage.

Smallest cat

These chronicles now form the backbone of our understanding of the island’s unique ecology.

The Great Forest War: Saving Sinharaja

But Sinharaja nearly vanished.

In the 1970s, the government—guided by a timber-driven development mindset—greenlit a Canadian-assisted logging project. Forests around Sinharaja fell first; then, the chainsaws approached the ancient core.

 “There was very little scientific data to counter the felling,” Weeratunga recalled.

“But people knew instinctively this was a national treasure.”

The public responded with one of the greatest environmental uprisings in Sri Lankan history. Conservation icons Thilo Hoffmann and Neluwe Gunananda Thera led a national movement. After seven tense years, the new government of 1977 halted the project.

What followed was a scientific renaissance. Leading researchers—including Prof. Savithri Gunathilake and Prof. Nimal Gunathilaka, Prof. Sarath Kottagama, and others—descended into the depths of Sinharaja, documenting every possible facet of its biodiversity.

Thilak

 “Those studies paved the way for Sinharaja to become Sri Lanka’s very first natural World Heritage Site,” Weeratunga noted proudly.

A Book Woven From 30 Years of Field Wisdom

For Weeratunga, Sinharaja is more than academic terrain—it is home. Since joining the Forest Department in 1985 as a young researcher, he has trekked, photographed, documented and celebrated its secrets.

Now, decades later, he joins Dr. Thilak Jayaratne, the late Dr. Janaka Gallangoda, and Nadika Hapuarachchi in producing, what he calls, the most comprehensive book ever written on Sinharaja.

 “This will be the first major publication on Sinharaja since the early 1980s,” he said.

“It covers ecology, history, flora, fauna—and includes rare photographs taken over nearly 30 years.”

Some images were captured after weeks of waiting. Others after years—like the mysterious mass-flowering episodes where clusters of forest giants bloom in synchrony, or the delicate jewels of the understory: tiny jumping spiders, elusive amphibians, and canopy dwellers glimpsed only once in a lifetime.

The book even includes underwater photography from Sinharaja’s crystal-clear streams—worlds unseen by most visitors.

A Tribute to a Departed Friend

Halfway through the project, tragedy struck: co-author Dr. Janaka Gallangoda passed away.

 “We stopped the project for a while,” Weeratunga said quietly.

“But Dr. Thilak Jayaratne reminded us that Janaka lived for this forest. So we completed the book in his memory. One of our authors now watches over Sinharaja from above.”

Jumping spide

An Invitation to the Public

A special exhibition, showcasing highlights from the book, will be held on 13–14 December, 2025, in Colombo.

“We cannot show Sinharaja in one gallery,” he laughed.

“But we can show a single drop of its beauty—enough to spark curiosity.”

A Forest That Must Endure

What makes the book special, he emphasises, is its accessibility.

“We wrote it in simple, clear language—no heavy jargon—so that everyone can understand why Sinharaja is irreplaceable,” Weeratunga said.

“If people know its value, they will protect it.”

To him, Sinharaja is more than a rainforest.

It is Sri Lanka’s living heritage.

A sanctuary of evolution.

A sacred, breathing cathedral that must endure for generations to come.

By Ifham Nizam

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How Knuckles was sold out

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Knuckles range

Leaked RTI Files Reveal Conflicting Approvals, Missing Assessments, and Silent Officials

“This Was Not Mismanagement — It Was a Structured Failure”— CEJ’s Dilena Pathragoda

An investigation, backed by newly released Right to Information (RTI) files, exposes a troubling sequence of events in which multiple state agencies appear to have enabled — or quietly tolerated — unauthorised road construction inside the Knuckles Conservation Forest, a UNESCO World Heritage site.

At the centre of the unfolding scandal is a trail of contradictory letters, unexplained delays, unsigned inspection reports, and sudden reversals by key government offices.

“What these documents show is not confusion or oversight. It is a structured failure,” said Dilena Pathragoda, Executive Director of the Centre for Environmental Justice (CEJ), who has been analysing the leaked records.

“Officials knew the legal requirements. They ignored them. They knew the ecological risks. They dismissed them. The evidence points to a deliberate weakening of safeguards meant to protect one of Sri Lanka’s most fragile ecosystems.”

A Paper Trail of Contradictions

RTI disclosures obtained by activists reveal:

Approvals issued before mandatory field inspections were carried out

Three departments claiming they “did not authorise” the same section of the road

A suspiciously backdated letter clearing a segment already under construction

Internal memos flagging “missing evaluation data” that were never addressed

“No-objection” notes do not hold any legal weight for work inside protected areas, experts say.

One senior officer’s signature appears on two letters with opposing conclusions, sent just three weeks apart — a discrepancy that has raised serious questions within the conservation community.

“This is the kind of documentation that usually surfaces only after damage is done,” Pathragoda said. “It shows a chain of administrative behaviour designed to delay scrutiny until the bulldozers moved in.”

The Silence of the Agencies

Perhaps, more alarming is the behaviour of the regulatory bodies.

Multiple departments — including those legally mandated to halt unauthorised work — acknowledged concerns in internal exchanges but issued no public warnings, took no enforcement action, and allowed machinery to continue operating.

“That silence is the real red flag,” Pathragoda noted.

“Silence is rarely accidental in cases like this. Silence protects someone.”

On the Ground: Damage Already Visible

Independent field teams report:

Fresh erosion scars on steep slopes

Sediment-laden water in downstream streams

Disturbed buffer zones

Workers claiming that they were instructed to “complete the section quickly”

Satellite images from the past two months show accelerated clearing around the contested route.

Environmental experts warn that once the hydrology of the Knuckles slopes is altered, the consequences could be irreversible.

CEJ: “Name Every Official Involved”

CEJ is preparing a formal complaint demanding a multi-agency investigation.

Pathragoda insists that responsibility must be traced along the entire chain — from field officers to approving authorities.

“Every signature, every omission, every backdated approval must be examined,” she said.

“If laws were violated, then prosecutions must follow. Not warnings. Not transfers. Prosecutions.”

A Scandal Still Unfolding

More RTI documents are expected to come out next week, including internal audits and communication logs that could deepen the crisis for several agencies.

As the paper trail widens, one thing is increasingly clear: what happened in Knuckles is not an isolated act — it is an institutional failure, executed quietly, and revealed only because citizens insisted on answers.

by Ifham Nizam

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