1. I think @GenFlynn may come to regret that he accepted the @POTUS pardon that purports to pardon a whole slew of major crimes defined by the secret scope of the Mueller special counsel probe. To explain why he may regret it, first a little personal story for background.
2. When I graduated from law school I went to work at a Bankruptcy boutique firm. We did heavy-lift bankruptcy litigation. My fist two years was mostly involved in unwinding the largest Ponzi scheme in state history. I was tasked with drafting huge motions for summary judgment
3. against a number of unwitting participants in the Ponzi scheme. It seemed like we sued every powerful person in the state. In most of the motions there was a document that I had to include to prove the crimes that gave rise to the Ponzi participants' civil
4. liabiity. The judgment of conviction. That established the fact of the crime that could be used against partners and co-conspirators. No trial issue.

Reading Flynn's pardon in the context of my present knowledge of the impact of a pardon on civil liability, I have a strong
5. suspicion that a federal judge might rule that Flynn has admitted to committing every crime that Mueller was investigating. In contrast, Flynn's original plea was to one count of the 18 USC 1001 false statement. That crime has no civil law liability that I'm aware of.
6. But Flynn has now agreed he committed dozens of crimes many of which are RICO predicate acts and can form the basis for Civil RICO liability. So any business harmed by Flynn's conduct can add all those crimes as Flynn's admitted criminal predicate acts and treble all their
7. damages. Only way Flynn might avoid the broad scope of his pardon would be to go through each crime and establish whether it applies to him. Until then, acceptance of a pardon without regard for the civil liability attached may turn out to be a very bad deal for Mr. Flynn.

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More from @TimInHonolulu

20 Dec
1. Members of Congress generally can't be sued for what they do officially because they are covered by the Federal Tort Claims Act. They also have limited immunity derived from the Speech and Debate Clause Art. I, Sec. 6, para 1 that provides as follows:
2..in all Cases, except Treason, Felony & Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, & in going to & from the same; & for any Speech or Debate in either House, they shall not be questioned in any other Place.
3. IMO joining conspiracy to overthrow US with force, as Trump & Flynn have admitted they intend, would be treason and a felony so no Congressional immunity. Focused just on advocating overthrow, by voting to advance Trump's announced plan, IMO a reasonable juror
Read 7 tweets
20 Dec
1. Fed. R. Evid. 801(d)(2)(B) that provides that when an accusation is made to the accused that they chose to remain silent about, the statement can be used to prove the truth of the matter asserted. It's called an "Adoptive Admission."
2. Let's all make every member of the @SenateGOP respond to this statement:

"Your silence after hearing reports Trump is considering declaring martial law to overturn the Electoral College is an admission that you agree with him and therefore advocate the use of force
3. to overthrow the vote for @POTUS as provided in the US Constitution."

Thus, on January 21, we can round up every one of these traitors and charge them with a 20 year felony that makes them have to resign if convicted. I'll go first:
Read 5 tweets
19 Dec
1. Russian report of a Chinese state news agency report:

The missiles hit the main US and NATO base in Afghanistan 2020-12-19 17:05:51 丨Russian.News.Cn
Charikar (Afghanistan), December 19 (Xinhua) - Missiles
2. fired by militants on Saturday hit a major US and NATO base in the Bagram area of ​​Afghanistan's Parwan province, north of the capital Kabul. No casualties or damage have been reported so far. The information was confirmed by
3. the representative of the provincial government Vahida Shahkar.
"Five rockets were fired at Bagram airfield from an abandoned truck parked in the village of Kalandar Hill in the Bagram district at about 5:50 am local time on Saturday," Shahkar told reporters in a text message.
Read 5 tweets
18 Dec
1. IMO @GenFlynn's call to overturn the election count of the Electoral College is chargeable under 18 U.S. Code § 2385 - Advocating overthrow of Government.

IMO all the elements were admitted in that post with the strange curtains behind him.
2. Knowing or willful easily met by his pronouncement. He clearly "advocated" overthrow of the government of the United States by force saying that Trump should move forces. The statute says that advocating overthrow by force OR violence is sufficient.
3. He is advocated moving military force to swing states. He is a retired 3 star and his statement must be taken as made by a person who has the present skill and ability to set about to complete act but the crime was complete on the utterance.
Read 6 tweets
18 Dec
1. Years ago, I did a lot of computer-forensic intensive federal litigation. During that time, I had to become knowledgeable in a number of areas related to data and the internet. I started using tools like the tools Solarwind.com pushes. Some thoughts in this attack.
2. Many software companies write their code to make permanent connections to your computer ports. One that irks me is @nvidia but @zoom_us quickly took over 1st place. I only allow connections that I authorize and limit it to few large cloud firms but I'm still not a cloud fan.
3. If you run a Windows based system and are unaware of the these connections you would be shocked to see just how many there are. I guess they justify it by the fiction they need to park on your ports and be alerted to the need to update your system. It's absurd but If I were
Read 7 tweets
16 Dec
1. @POTUS @RealDonaldTrump @SecPompeo & @robertcobrien green-lighted a genocide against #Christians #Ezidi & #Kurds in #NSyria. They clearly advanced #ISIS' strategic goal. They could stop what Turkey is doing but, choose to permit it. @FBIWFO @SecretService @StateDeptDSS
2. What's the one crime @POTUS can't pardon beside impeachment? #Genocide. We agreed to it as part of the #Nuremberg agreement at the #UN's formation. Don't be dopes. Stop the genocide. Do yourselves a big favor. @GenFlynn
3. Michael Rubin commented on the CAATSA sanctions and though he notes Erdogan is a logical target of the sanctions he confirms my view that the sanctions will make Turkey too toxic foreign-based investment.
Read 6 tweets

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