The pardon isn’t all encompassing and only address crimes linked to the Mueller investigation. Notice how DOJ had to make a motion before the Court again in order to dismiss the prosecution. If Judge Sullivan acknowledges the pardon as valid and not an attempt at
obstruction of justice by POTUS, he will dismiss the case. Flynn will still remain a convicted felon. If he appoints a special counsel - amicus curie - most likely Gleeson again - he’s opening the door to challenge the validity of the pardon based upon corrupt intent, a lawful
act used for an unlawful purpose. What’s interesting is that this pardon is limited and not blanket for all federal crimes committed prior to its issuance. My feeling and hope is that Judge Sullivan will further task Judge Gleeson, ret with investigating the basis and
motivation of this pardon. Pardons have never been given this type of scrutiny in the past. Given the criminally involved, the Court can create judicial precedent or stare decisis in having Gleeson engage in the above examination. X

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More from @lauferlaw

25 Nov
So it appears Trump may attempt to pardon Flynn. This was expected. No surprise here. We need to take a breath and understand that this will not work out for Trump or Flynn. We have already seen what Judge Sullivan has done when Barr attempted to dismiss Flynn’s prosecution 1/
The Court said “hold on” and appointed special counsel to investigate it - Judge Gleeson, ret. - and refused to do so. This then went to the DC circuit and ultimately Judge Sullivan’s rulings not to dismiss Flynn’s prosecution was ultimately upheld. 2/
I have the same inclination I had before that Judge Sullivan will take a similar stance to appoint special counsel - Gleeson most likely will continue - to review and probably challenged the legality of the pardon. We have also seen the beginnings of this before 3/
Read 8 tweets
6 Oct
Every infection, disability, and death caused by #COVID19 only makes us weaker. It diminishes us and America like a wasting disease. This is what our enemies want. For America to fade away. I don’t care if you’re a Republican, Democrat or anything else. I don’t want anyone 1/
else falling prey to this pandemic. We have much work to do after Biden is sworn in. It’s all hands on deck for the foreseeable future. If we want an equitable, prosperous, and strong America, we need to work hard for it. Our needs will only be fulfilled if we work to elect /2
people who act in our best interests. Party is irrelevant. What does the candidate truly offer us? Will this person insist that our institutions answer to the American people and act in an effect and efficient manner? Will our press report unbiasedly and shun narratives, 3/
Read 4 tweets
23 Sep
This, exactly. We’re making determinations of guilt or innocence based upon supposition, narratives, and press brain storming. The Grand Jury made the determination not to find a true bill or indict for murder. They had the facts. We didn’t. From a civil prospective, 1/
Breonna Taylor’s estate received a huge payout of 12 million for her wrongful death and conscious pain and suffering. That’s incredible for anywhere especially Kentucky. To place that in perspective, Eric Garner who’s estate was repped by Jonathan Moore - excellent attorney /2
recieved $5.9 million dollars. The State did the right thing here in settling for that amount instead of torturing her family for years in civil litigation - Qualified Immunity - like my clients experienced in the Mafia Cop case which lasted nearly 10 years. We may not like /3
Read 6 tweets
20 Jun
Quick thread on Barr’s firing of USA Berman. It’s clear that both he and Trump are scared. This is a desperate move. However, it will not be effective in terms of ending current prosecutions. All matters before the Court require judicial consent to dismiss. That means DOJ 1/
Would have to make a motion to dismiss any action which could be denied by the Court. The Court can also assign a special prosecutor to prosecute or continue prosecuting any current action. We are witnessing the beginning of this in the Flynn matter before Judge Sullivan. 2/
The Court will not like nor approve of any such action by Barr or his puppet to dismiss active prosecutions out of the blue. They will get jammed up attempting this. It’s more obstruction of justice. Remember how Barr travelled to our European allies in an attempt to learn 3/
Read 6 tweets
18 May
Unfortunate that SCOTUS denied cert in Jessop v City of Fresno concerning theft of assets by POs & the application of Qualified Immunity. We need to see the High Court do away with QI as its just another hurdle victims of PO misconduct need to overcome. @neal_katyal @NPAP_NLG
A quick explanation of what Qualified Immunity or QI means in a civil rights context. If a police officer engages in an activity against a suspect that they reasonable believe is a lawful activity, even if it violates the suspects Constitutional rights, the PO may not be 1/
liable for that activity. Under the law, they’ll be immune from any damage they may have caused, including death. The activity is viewed under an objectively reasonable standard. In other words, if a judge or jury believe the officer acted reasonably, in general, the PO will 2/
Read 4 tweets
16 May
So tonight during HH, one of my drinking buddies told us a story how he had a little run-in with a former Fox News personality recently. He was on line with about 20 others, all wearing masks and social distancing, waiting to pick up his order from a popular Italian 1/
restaurant in my area. Great food. While he’s waiting on line, a black Cadillac pulls up onto the sidewalk in front of the restaurant. The driver, not wearing a mask, walks right in cutting the line. Everyone is yelling at him and he’s completely ignoring the cacophony. 2/
My buddy walks in to confront this guy (we’re all like that) He sees him paying at the register. Looks like some old guy from behind. When the old guy turns to leave, my buddy realizes it’s @BillOReilly As O’Reilly is passing him, my friend points right at his face and says 3/
Read 4 tweets

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