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Bradley P. Moss Profile picture
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25 Oct, 5 tweets, 1 min read
Some of you on this website need to crack open a beer, pour a glass of wine, or simply log off for a moment. Enough with the "why hasn't Garland arrested person A over crime X" stuff already. You're starting to sound like the MAGA folks towards the end of Trump's tenure.
If there is a case to be made against a Member of Congress, or their staff, tied up in what happened on January 6th, I'm confident Garland will let DOJ pursue it to the end. I've seen nothing that indicates he views the events of that day as anything less than an attempted coup.
What he is not going to do is authorize arrests just to make you all feel better. He wants a case that will win, not just a case for the sake of having a case and the media splash. That requires time, effort and patience. It requires leveraging lower-hanging fruit first.
And it doesn't mean there is a viable criminal case to be brought in the end. Some of these folks, and you all know which Members of Congress I'm referencing, are despicable but they're not stupid. They likely knew just how far to take it without crossing the criminal line.
So just chill for a few. Whatever is going to happen in the 1/6 criminal investigations is going to happen. And no one will be happier than me if it means some of those despicable individuals are held accountable. /end

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More from @BradMossEsq

Bradley P. Moss Profile picture
16 Sep
Ok, I’ve had a chance to read the Sussman indictment. My view: do stupid things, win stupid prizes.

If the allegations in the indictment are true, Sussman was careless about how he described his background when reaching out to the FBI. It’s not like the FBI didn’t know
one of his clients was the Clinton Campaign. He mentioned it during the meeting, and it’s reflected in the notes of the meeting. The billing records and calls with other firm colleagues certainly indicate his work was on behalf of at least one client, if not two clients.
So why not say that? The underlying details in the indictment about the work of the Tech executive and coordination of data with the Clinton campaign does not seem to have raised any criminal liability issues. So why be misleading?

This will be interesting to see how it plays
Read 6 tweets
Bradley P. Moss Profile picture
30 Jun
I can’t believe 8 years after Snowden, after endless public discussion and declassification of NSA documents, I have to do this, but here it goes.

Yes, if NSA wants surveillance on Tucker Carlson they have abilities to do that. They could seek a normal FISA warrant, arguing to
a FISA judge there is probable cause to believe Carlson knowingly is a foreign agent. NSA denies they targeted Carlson, and Carlson doesn’t seem to be disputing that tonight.

The modified Carlson argument is that NSA’s surveillance apparently targeted someone else, but that
the surveillance gathered up his emails and texts too, and that NSA reviewed them deliberately for political purposes and to somehow take him off the air (as it Fox would care?).

So yes, as we already knew through public laws before Snowden, and as the Snowden leaks fleshed
Read 9 tweets
Bradley P. Moss Profile picture
24 Jun
This entire opinion should be required reading in ethics classes for new attorneys. Rudy gets taken out behind the woodshed for his grotesquely unethical conduct. It’s a far cry from the former SDNY chief’s legal heyday, who now looks like a bumbling fraud.
For one thing, no, lawyers cannot rely upon unidentified confidential informants or unidentified attorneys as the factual sources for claims to refute the knowing element of an allegation of making false statements. That’s ridiculous.
Ah yes, finally, Rudy gets called out for trying to tell a court his client is alleging fraud in a case where, no, they were not alleging fraud. Hint: don’t play political word games with a judge. It never works out well for you.
Read 4 tweets
Bradley P. Moss Profile picture
10 Jun
NEWS: at 11am EST, the sentencing hearing for Brittan Atkinson, the Trumper convicted of threatening to murder my boss, @MarkSZaidEsq, during Impeachment Round One, will proceed via Zoom.

I will live tweet it. Follow along here.
@MarkSZaidEsq For those who forgot, among the myriad of death threats @MarkSZaidEsq @AndrewBakaj and I got during the impeachment saga due to Mark and Andrew's representation of the IC WBer (and my role as the media face of the team), Attkinson was the only one law enforcement apparently
deemed sufficient to warrant criminal charges. He was arrested in February 2020, and, after a delay due to COVID, later convicted.

His sentencing hearing was already delayed once. Hopefully today justice is done.

nbcnews.com/news/us-news/b…
Read 14 tweets
Bradley P. Moss Profile picture
16 Nov 20
Here’s the prayer for relief. Your local counsel pulled the relevant line item.
Here is paragraph 15: it deals with identifying one of your plaintiffs. So what?
Here is your original Count One, dealing with ballot observation. Now gone.
Read 6 tweets
Bradley P. Moss Profile picture
12 Oct 20
I don't have time to follow this entire confirmation hearing, and I'm sure others will do so in extensive detail, so let me just say this:

ACB is immensely qualified. You're kidding yourself if you say otherwise. I completely disagree with many of her views of the law but that's
not the issue. Her qualifications are clear.

If this were being handled at a normal point in time, her confirmation would be a sure thing. She'd likely even get some Dem defections at that point.

This is going to be a razor thin vote for the sole reason that we're less than
25 days away from the election, it's being rushed by a president and a Senate majority that's fearful they're about to lose power, and Dems are still scarred from having that same Senate majority spurn Judge Garland for eight months.

Is that politics? Yeah. Will karma come back
Read 4 tweets

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