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BREAKING: New 4th Amendment lawsuit in #PDX filed just now by @protctdemocracy on behalf of nightly protesters, including leader of the Wall of Moms.

This is the strongest 4th Amendment lawsuit so far. Similar case in Denver won an order blocking tear gas as excessive force.
Complaint here: documentcloud.org/documents/7007…
In addition to its 4th Amendment claim, @protctdemocracy and their co-counsel @Debevoise and @PerkinsCoieLLP challenge @DHS_Wolf's authority given his "acting" status. They also raise a First Amendment claim, and challenge @DHSgov's statutory authority to police #PDX.
(Disclosure: I'm co-counsel with @protctdemocracy in US v. Flynn. We represent over 1,000 former federal prosecutors urging the courts to reject DOJ's attempt to drop the charges against Michael Flynn. I am not co-counsel in the #PDX case just filed.)
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Andrew Crespo
@AndrewMCrespo
This is strange to say but...

Attn. law students studying for the bar:

If you are asked whether taking someone into a police station for questioning constitutes an arrest, DO NOT give the answer that the Attorney General just gave to Congress.

You will be wrong.
One week ago:
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Andrew Crespo
@AndrewMCrespo
Today on TV, the Deputy Director of the federal paramilitary force in #PDX discussed the infamous van video. He described a textbook example of an unconstitutional arrest.

But... he doesn’t seem to know it.

That is a BIG PROBLEM. Let’s unpack this. It’s important.
(thread)
Here (again) is the video of the van encounter.
And here's the press conference, in which a reporter (at 35:02) asks @DHS_Wolf "what level of probable cause are you getting" in these encounters? Wolf turns it over to Kris Cline, Deputy Director of the Federal Protective Service.
Read 37 tweets
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Andrew Crespo
@AndrewMCrespo
I usually litigate against federal prosecutors. But today - especially today - I'm proud to represent over 960 of them challenging DOJ's politically driven move to drop Michael Flynn's case. The law is clear: J. Sullivan must deny the motion if it's not "in the public interest."
You can read our draft brief, which we will file after Judge Sullivan sets a briefing schedule, here: bit.ly/FlynnAmicus. A real privilege to co-counsel with @protctdemocracy on this.
You can check out a write up of our analysis, with link to our brief, over @lawfareblog, in a piece I've co-authored with Kristy Parker (@protctdemocracy) and two of my terrific students: @njsobe4 and Laura Londoño Pardo. lawfareblog.com/judge-sullivan…
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