Flynn. So there were filings today in Gen. Flynn's case by his counsel, by DOJ and by the amicus curiae, retired judge, Gleeson. I'll start with the easy stuff and work my way to the harder stuff. /1
First, Andy McCabe's lawyer, Michael Bromwich, (whom you may remember as part of Christine Blasey-Ford's legal team) sent a letter to Judge Sullivan a few days ago that Judge Sullivan ordered placecd on the docket. That is not uncommon for judges to do, btw. /2
So Bromwich's letter is a whiny screed about how - Oh. Mer. Gawd. - there are dates written on McCabe's notes that are not in his handwriting & how dare mean old @SidneyPowell1 use them to supplement her icky filings on behalf of Flynn! /3
You may recall that Strzok's lawyer, Aitan Goelman, did the same prior to the hearing and Judge Sullivan asked the DOJ about that. He asked DOJ, not Sidney, because it was fucking obvious to anyone with a brain in their head that she got them that way from DOJ. 🙄/4
So DOJ filed a pleading today saying, yeah about those dates written in someone else's handwriting, those are from where FBI agents reviewing the cases put sticky notes with the estimated dates of the notes on them and they got copied that way - w/o the sticky notes removed. /5
I kid you not that this is the level of stupid that this case has sunk to. DOJ even conferred with Strzok's lawyer to confirm that Strzok was not claiming anything else was not in his handwriting. So that's a big ole nothing burger, as the young folks say. /6
In other earth shattering news, Gleeson filed a 3 page pleading advising Sullivan that in his opinion he could take "judicial notice" of DJT's tweets. This means a court can accept them as evidence because they so obviously are genuine.This is straight legal stuff - boring. /7
And then there's a boring filing by DOJ giving formal notice to the court that DOJ sent letters to Sidney giving her copies of the Strzok & McCabe notes with . . . wait for it . . . the sticky notes removed! God, it's just scintillating. /8
No we're getting to something more interesting, however. Sidney filed a fifth supplement in support of DOJ's motion to dismiss. The pleading is short & sweet. It says an FBI lawyer on Jan 25, 2017 took notes in a meeting that support the theory of dismissal. /9
Actually, team Flynn should correct this filing - hey @jbinnall - because it actually says the meeting was conducted on Jan 25, 2020, NOT 2017, which clearly can't be right & isn't what's on the notes. The notes say, Jan 25, 2017. /10
A lot of issues dealing with dates in these filings. This is how boring/picayune lawyering can be sometimes. Gotta sweat the small stuff, unfortunately. /11
Anyway, the notes appear to be from FBI lawyer, James Baker, from a meeting the day after the Flynn interview, and thank God he has nice (old fashioned cursive) handwriting so they are easy to read. /12
The notes are talking about a potential Logan Act prosecution of Flynn and hahahaha - listing all the reasons that would not work, just like we've been saying all this time. 🙄/13
The notes quote someone as saying "no reasonable prosecutor" would charge a Logan Act charge in this case. NO KIDDING. Also it would be an uphill battle, a 1st time case & a note about "other transition teams" which probably means other transition teams had done the same. /14
So basically all the stuff that actual defense lawyers who don't have TDS have been saying since 2017 about how an investigation for a "Logan Act" violation was a crock of "doo-doo" as George HW Bush used to call it. /15
And it gets better. The notes also contain the assessment that Flynn is "probably not" in a covert relationship with Russia based on his interview and the other facts known to FBI. No shit, Sherlocks. 🙄/16
There is also some half-assed "counter-intelligence analysis" about how Flynn was telling the public something different about the call than what FBI & the Russians knew, but so what given govts tell the public stuff all the time like that & the Russians know that too. Lame. /17
All in all, those notes are preeeeeety interesting. /18
And actually, as I'm putting this pleading away, I notice it is NOT the 5th Supplement filed by Flynn's team. It's the 6th, tho it says 5th. Hey @jbinnall again, if you're refiling to fix the 2020 date, might as well edit the name of the pleading too. Sorry for being a pain! /19
So now I'm going to take a few minutes break to make some notes on Sidney's main pleading of the day - the motion to recuse Judge Sullivan, which is long & has a ton of exhibits. Be back! /20
I've realized that this pleading needs more time to do it justice than I even originally thought, so I'm going to pick up again tomorrow. Probably on a new thread. /21

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More from @McAdooGordon

3 Oct
You may have seen recently that Nancy Pelosi was campaigning in Michigan. She wasn't just doing that to support Joe Biden. The Democrats are preparing for a scenario in which the House of Representatives has to choose the President under the Constitution. /1
That could happen if the electoral college votes are tied 269 to 269 or if neither candidate receives 270 votes, which could in theory be the case if one or more states cannot get its electors together by the deadline in order to cast their votes. /2
In that situation, the House of Representatives chooses the President. But, it does NOT do so by each MEMBER of the House voting. It does so by each STATE casting one vote. So, to win, a candidate needs to get 26 or more of the states to vote for him. /3
Read 24 tweets
30 Sep
This 👇🏻is sort of technically true but misleading. Most people & articles discussing this are talking about discharges for enlisted personnel. The rules for officers- which Hunter Biden was - are a little different. /1
There isn’t really a “dishonorable discharge” category for officers. Drug use by an officer is mandatory grounds for involuntary separation from USN however. Whether that is General (Under Honorable Condutions) or Under Other Than Honirable Conditions, depends on the facts. /2
To say the separation was “administrative” is technically correct, but w/o knowing the Navy procedures, that word tends to made to sound like it’s less serious than it really is. A separation for drug use is considered a separation for “misconduct.” /3
Read 5 tweets
29 Sep
Flynn hearing on Motion to Dismiss.

We're waiting for the hearing to begin. /1
Judge Sullivan's clerk is announcing that the Judge will be out shortly; asking live participants to mute their phones when not speaking. /2
The Judge has arrived. Here we go. The clerk calls the case. /3
Read 230 tweets
29 Sep
Flynn case: As the argument is tomorrow, I thought I'd make some remarks. I am planning to live-tweet. I've been under the weather in the last week (still some hangover of my viral illness & a recurring back/shoulder problem I've had for many years) but I was much better today./1
There were some filings recently, which I thought I'd touch on and I'll give you a little bit of insight into how things may go tomorrow, although, as we know, unexpected things can happen anytime. 🤪/2
The hearing will be by video conference. The public can hear it by dialing in with these codes: 877-336-1839 (code 5524636); 888-363-4734 (code 6114909); 877-336-1839 (code 1429888); 877-402-9753 (code 2090166); 888-557-8511 (code 4140864); 888-273-3658 (code 1773796). /3
Read 17 tweets
21 Sep
#SCt There is very little actual law that applies. Basically that the POTUS has the authority to make the nomination & the Senate has the authority to advise & consent on the nomination. That’s it. See @AndrewCMcCarthy’s good article about this. /1
Beyond that, the process is entirely political. This is contemplated by the Constitution itself. The branches are supposed to work out power struggles between themselves. There is nothing wrong with that. Each branch has moves it can make. Making those moves is constitutional. /2
Elected officials serve during the entirety of their term. Suggesting they should voluntarily not exercise their power at some point during their term is just that - a suggestion. Suggestions can be rejected or ignored. And there’s nothing wrong with doing exactly that. /3
Read 10 tweets
17 Sep
Happy Constitution Day! Enjoy the blessings of liberty! ❤️🇺🇸
A series of pics for the day. Debating:
Independence Hall. Philadelphia.
Read 12 tweets

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