Flynn case. J.Sullivan’s memorandum opinion on the Rule 48 motion to dismiss is completely inappropriate & he knows it. That motion was mooted by the pardon. In order to try & hide that fact, he coupled his order on that motion w/his order on the motion to dismiss for mootness.
He’s making it superficially look like the opinion relates to the mootness (pardon) motion, but it does not. It’s an opinion on the Rule 48 motion, not the mootness (pardon) motion. By putting those two motions together in one order, he obscures that distinction.
This is even clearer when compared to the other minute order he issued at the same time, which ruled that all the other pending motions were moot. The order on the Rule 48 motion should have been grouped with those too. It’s moot just like they are because of the pardon.
If he’d grouped the Rule 48 motion w/those others, it would’ve been obvious he was issuing an opinion on a moot motion, which is inappropriate. So, he coupled his rulings on the 2 motions to dismiss together into their own order to obscure the inappropriateness of the opinion.
Here you can see the Minute Order that applies to all the other pending motions:
And here's the separate order on the equally as moot Motion to Dismiss under Rule 48 and the only live motion left to rule on: the Motion to Dismiss for Mootness.

drive.google.com/file/d/1enkN7p…
And, if you're just dying to do so, here's a link to the Memorandum Opinion that you can read yourself.

drive.google.com/file/d/1GU7TJF…

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More from @McAdooGordon

2 Dec
Not voting absents you from the democratic process.

No matter how flawed, how damaged, how frustrating, CLING to the democratic process & your sacred right to vote.

Never surrender them. Hold on to them as if your life & the fate of republic depend on them - because they do.🇺🇸
These men fought & died, so we could vote. Never surrender the vote. /1
These men fought & died so we could vote. Never surrender the vote. /2
Read 5 tweets
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
1 Dec
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
Read 4 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

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