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In case you missed it yesterday, here is a thread explaining the logistics of today's argument in the @GenFlynn case, argued by @SidneyPowell1
And here's a thread on the types of questions to expect. FYI: I closed off comments on the threads themselves to keep the thread uninterrupted, but you should be able to comment here.
Here is the link to listen in!
content.govdelivery.com/accounts/USFED…
And you need to follow @McAdooGordon live tweeting. I was going to live tweet but am going to write it up instead since you'll be in even better hands. fyi: This is Leslie's NITCH & I often ask her for help!
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Margot Cleveland
@ProfMJCleveland
THREAD #2: This thread highlights likely questions/focus tomorrow. So w/ @SidneyPowell1 up first, panel will likely be more restrained w/ questions b/c much of the fight is b/w DOJ & Sullivan. But I anticipate court pushing on why mandamus is appropriate since Sullivan 1/
2/ hasn't ruled yet, i.e. "Counsel, mandamus is an extraordinary remedy. And since court has not yet ruled on motion to dismiss, why is mandamus appropriate?" Also look for panel to push Powell on outside limits: "What if there were evidence of bribery, court court deny?"
3/ Court likes to ensure principle can be applied in all circumstances & push parties to clarify: "Counsel are you saying court MUST always grant an agreed upon motion to dismiss?" For her part, what for Powell to stress that dismissal came AFTER DOJ uncovered
Read 13 tweets
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Margot Cleveland
@ProfMJCleveland
THREAD: W/ lots of folks tuning in tomorrow to listen to the oral argument in the Flynn case, I thought I'd give a primer for what to expect. (Turning off comments until the end to keep the thread uninterrupted.) So, remember this is not an appeal.
2/ Rather, @SidneyPowell1 filed a petition for writ of mandamus on behalf of her client @GenFlynn. Mandamus simply said is an order by the higher court to the lower court to act w/in his jurisdiction. The petition is heard b/f a "panel" of the D.C. Circuit Court of Appeals.
3/ Federal panels typically consist of 3 federal appellate judges, and there will be 3 judges hearing tomorrow's case. At this level, there are no witnesses--it is merely attorney's presenting an argument to the court. Think Law & Order and difference between McCoy arguing
Read 17 tweets
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Margot Cleveland
@ProfMJCleveland
Some quick points on Gleeson's amicus brief filed yesterday in @GenFlynn case. @FDRLST @SidneyPowell1 thefederalist.com/2020/06/11/new… 1/
2/ The legal issues are very weeding and have already been fully refuted. See @McAdooGordon on perjury. thefederalist.com/2020/05/18/her…
3/ And our amicus curiae brief @McAdooGordon filed on our behalf. drive.google.com/file/d/1mXmEls…
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