Flynn case. So this afternoon the govt filed a consent (meaning Flynn already agreed) motion to dismiss his case based on mootness due to the pardon from DJT. Motion is here:
drive.google.com/file/d/1F3mrju…

/1
The pardon was filed as an exhibit to the motion. It's here: drive.google.com/file/d/1TN4G02…

/2
This pleading legally advises the court of the pardon, which does in fact moot the case. There's NO legal basis for Judge Sullivan to deny this motion. Think I might have been tempted to file something other than a "motion" myself, so as not to be actually asking for anything. /3
For example, when a client dies, you file what's called a "Suggestion of Death" which advises the court of the death & the legal consequences simply flow from that fact. So, maybe a "Suggestion of Pardon," i.e., we're not asking, we're telling. /4

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More from @McAdooGordon

2 Dec
Pardons for political contributions case. So here is a link to the partially unsealed ruling from Judge Howell today about this investigation. She is the Chief of the DC District Court. She handles the grand jury materials/issues.

drive.google.com/file/d/1YsMfZl…

/1
After reading the redacted ruling, I can tell you a few things. First, Judge Howell did NOT find that any lawyer engaged in "crime-fraud" and permit the seized materials to be reviewed on that basis. Rather, she said there was no attorney client privilege in the messages. /2
So a little explanation. When the govt seizes your documents or devices & it finds that you have communications with a lawyer, there are procedures to screen the trial team from those potentially attorney-client privileged communications. /3
Read 17 tweets
22 Nov
So people know where I stand: I don’t read Q or follow anything Q. I don’t “believe” in Q. From what little I’ve seen indirectly, it appears to me to be a LARP and/or a troll. I definitely don’t & won’t take it seriously. If you do, that’s your prerogative; it’s a free country./1
In terms of the “Deep State,” I have a perspective on that. I’ve lived & worked in & around DC since at least 93 dealing extensively w/the federal govt - by representing people against it. /2
I do not believe in an intentional conspiracy of any kind by or amongst government employees or appointees & other DC centered peoole, much less one involving pedophiles. /3
Read 5 tweets
22 Nov
@bradheath Knowing that counting the mail in vote afterward would effect the vote totals & potentially the Election Day results is not the issue. Everyone knew that - left & right. How it actually happened tho was problematic & that was largely avoidable in my opinion. /1
@bradheath It was absolutely unclear & not transparent. Because election officials were making decisions & reacting as they went instead of publishing clear information -ahead of time - about when (what hours) counting would take place & issuing ballot totals on a set schedule. /2
@bradheath And it is inexcusable to post vote totals during early morning (pre-8/9 am) hours. That is just guaranteed to produce suspicion. Regular procedures encourage confidence; ad hoc ones don’t. /3
Read 5 tweets
15 Nov
@bradheath Correct. So we’ll see about that. This argument depends on the facts. Ballots cast by or on Election Day - no problem, even if received after Election Day, like military ballots. Courts will say that’s constitutional - the state isn’t changing the date of the election./1
@bradheath “Curing” ballots after Election Day is a step farther. Is that accepting ballots that weren’t cast by Election Day or not? And therefore changing the date of the Election? Conclusions on that could vary depending on exactly how it’s done, but that’s probably constitutional. /2
@bradheath What about counting ballots received after Election Day but for which it can’t be determined whether it was cast by or on Election Day? Is that changing the date? More likely the courts will say yes to that, but again it may well depend on exactly what the statute says. /3
Read 6 tweets
14 Nov
Are these👇🏻the kinds of unifying, healing scenes you envisioned @JoeBiden @PeteButtigieg @BarackObama?

Will you condemn it? You need to get your side of the political divide to start respecting freedom of conscience & practicing tolerance, & to stop using violence in politics./1
Read 6 tweets
14 Nov
So you know: Constitutional clauses about voting. There will be arguments coming up about whether certain ballots were legal or not in various states. So you can understand one of the arguments, you should know about the 2 clauses in the Constitution that are relevant. /1
The first is Art.II, Section 1, Clause 2. It says: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress:” /2
The 2nd is Art.II, Section 1, Clause 4. It says: “The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.” /3
Read 8 tweets

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