Leslie McAdoo Gordon 🇺🇸 Profile picture
Sep 9, 2022 14 tweets 3 min read Read on X
So, here's my big (for me) announcement: I am retiring from the active practice of law in the courts. I will no longer be representing clients in litigation (criminal, civil, appeal, administrative) matters or defending investigations. I am done being a working litigator.
What I am not doing is "retiring" from public life. I am not closing my litigation practice to "spend more time with my family." No. I am done being an in-court lawyer because:
I'll have more to say later, but the bottom line is, after 26 years, & especially the last few, I have come to an inescapable conclusion: there is no justice to be had in our "justice" system. I am no longer willing to participate in a system that I consider to be a total farce.
My status as a practicing litigator has constrained me from speaking truth to and about the system. With that constraint removed, I will not be silent any longer.
The state of our institutions - particularly the criminal "justice" ones, but also the federal civil courts - is dire, & is unacceptable for a functioning republic. They must be radically overhauled & reformed, & a renewed emphasis on first principles restored.
Lawyers working from inside the system can make some changes, but not the radical reforms that we now need. Some of us will need to be outside the system to do what is necessary & what can only be done by speaking freely.
That can't be done by me personally unless I no longer have clients whose interests I am honor-bound to place above those of the system and the nation. So, I am changing that to chart a new course.
The decision to do so was made only recently, although after a long period of contemplation. But recent events - national, personal, & with regard to my caseload - have made it clear to me that the time is now right to begin this new chapter.
In the short run, I will be winding up, transitioning, or finishing up the remaining client matters that I have in process, which may continue in one or two cases into next year. These are but a very few in number though.
I may in future again testify as an expert in clearances & I will probably still provide consulting advice to people who need help w/the clearance process.

But, in the main, & for the foreseeable future, I am going to be focusing on our most urgent needs as a nation.
We must rededicate ourselves to the rule of law, to federalism, to free speech, to true tolerance, to the Bill of Rights, to liberty values.

We have lost our connection to these things. We must find it again. We will lose the Republic if we don't.
So, I am going to be taking a short break, starting tonight, to recharge & reorganize after my recent projects & also to prepare myself to take up these challenges. A new course requires a clearing of the decks, a re-stocking of provisions, & a re-rigging of the sails.
I leave you for now with this observation from Elmer Davis:

"This republic was not established by cowards; and cowards will not preserve it."
We need now to screw up our courage and do what needs doing to preserve the Republic. No one else is going to do it for us.

It will not be easy. Nothing worth doing is.

The Republic is absolutely worth it.

And we will do it.

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More from @McAdooGordon

Apr 26
Now that we all know what DEI is, I want to talk to the Right of Center about reclaiming the correct meaning of “equity.”

Equity is a legal word. It is contrasted with “law” in legal understanding.
The English common law developed the concept of “equity” as a means of avoiding the harsh and unjust outcomes that a strict application of “the law” sometimes produces.
This would be stuff like a lease where a couple made all payments except the last one was one day late because the husband died & the widow could not access to their account for a few days and the landlord would foreclose on the entire property. Technically allowed; still BS.
Read 12 tweets
Apr 26
Bribery has always been private conduct.

Ruling impartially on a case is a judge’s official duty. Taking money to rule for one side is not. But notice that the judge doesn’t benefit from the ruling, but from the bribe. Same for public officials.
Similarly, where a public official does benefit directly and personally from their own official act, esp if that is not disclosed, we’ve deemed that a conflict of interest, which is also private conduct that invalidates the public act.
These private acts are entirely different from cases where a govt official receives no personal financial benefit but gets an indirect non-monetary benefit - popularity, future votes, legacy - and (like everyone else) may benefit from the substantive official act (eg tax cuts.)
Read 9 tweets
Apr 25
DJT SCOTUS case on immunity starting now.

Sauer arguing for DJT. Doing his opening statement now.
He's making the point that prosecuting POTUS after office undermines the POTUS while POTUS.
Thomas - source of immunity? Sauer - vesting clause.

Thomas - how?
Read 141 tweets
Apr 21
The test for whether spoken words are free speech or not is called the Brandenburg test from a SCOTUS case in 1969. It is also called the "imminent lawless action" test. ONLY if the speech rises to that level does it fall outside of the protection of the First Amendment.
In essence the speech must be the kind that does or inexorably is known to lead to "imminent disorder." (This standard is from another SCOTUS case in 1973, Hess.)

This is a very high bar & effectively renders almost all speech that doesn't actually result in violence, protected.
The "speech" in Brandenburg took place at a KKK rally, disparaged Blacks & Jews, suggested "revengance" should be had against the Congress for "suppressing" whites, & explained there would be a "march on Congress" on July 4th of 400,000, followed by marches in FL & MS.
Read 7 tweets
Apr 16
Listening to Fischer argument now. Govt arguing 2nd.

Sounds to me like the 3 liberal justices are in favor of the govt‘s position.

So far, I have 3 of the conservatives in favor of Fischer - Chief Roberts, Alito & Thomas.

Not sure yet on Barrett, Gorsuch & Kavanaugh.
Robert’s really arguing with the SG - that doesn’t usually happen.
Gorsuch is definitely for Fischer. He’s scorching the SG.
Read 13 tweets
Apr 13
Understand reality:

The US govt needs to & is going to spy on foreigners overseas & also here, in our security defense.

FISA or no FISA, that will happen.

The only questions are who “gate keeps” it & how & what the standards are & whether the standards differ inside the US.
There is no question in my mind, at all, that the federal govt has unlimited power to spy on foreigners overseas for our national security intelligence purposes.

None. Zero. Zip. Nada.

Domestic spying- of foreigners here & of US persons here & abroad- present different issues.
And there is an age old problem of whether/if/when/how information obtained from intelligence can be used in the criminal process.

These issues must be debated vigorously & our rights as US persons jealousy guarded.
Read 5 tweets

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