The Devil Is In The Details

I said it before and repeat it now: I think the defense lawyers ran this whole thing off a misinterpretation of a text.

Not frivolous, to be sure. But the foundation is very shaky. https://t.co/nVwQGdJvKy

— Bradley P. Moss (@BradMossEsq) February 27, 2024

Which is what Katie Phang provides, if you’re interested. I’m camping onto Bradley Moss’s comments because he pretty much says what I was thinking as I listened live this afternoon.

And it’s easier than thinking up my own version:

This DQ effort is dead. https://t.co/5QiUzIFJyz

— Bradley P. Moss (@BradMossEsq) February 27, 2024

The conclusion I reached with the first question.

Seriously, Merchant’s lawyer is blaming Bradley for not proofreading *her* motion and telling her there was a factual inaccuracy. This is the kind of thing you explicitly clarify in writing. You don’t leave it open to interpretation.

— Bradley P. Moss (@BradMossEsq) February 27, 2024

Yes, it went about that well.

How many ways can this man say he was just engaging in speculative gossip? https://t.co/OtrUsmhqiw

— Bradley P. Moss (@BradMossEsq) February 27, 2024

Better question: why didn’t any of you do due diligence to rule that out before running with this motion? https://t.co/jkEthaV6Wt

— Bradley P. Moss (@BradMossEsq) February 27, 2024

That was a persistent theme of the hearing.

Objection, badgering the witness https://t.co/Kwy9GfhYXJ

— Bradley P. Moss (@BradMossEsq) February 27, 2024

Sure sign it’s not going well, when you threaten your own witness because you didn’t prepare the testimony correctly. (By which I only mean you were clear on the testimony before the hearing.)

If a potential star witness tells you salacious details about opposing counsel that would be the basis for a possible disqualification motion, you get it written down in a sworn statement first. You don’t run with text messages.

— Bradley P. Moss (@BradMossEsq) February 27, 2024

Like that. 

I will drop in this bit from Katie Phang:

Maybe Bradley was bitter b/c he wasn't in the law firm partnership anymore with Wade. Maybe he thought this was his chance for 15 minutes of fame. But texting with Roman's defense atty was wrong, sloppy, & just poured kerosene on the conflagration.

— Katie Phang (@KatiePhang) February 27, 2024

It arguably was; but he wasn’t the attorney who tried to turn it into a hearing to DQ Fani Willis. 

The law to DQ requires an *actual* conflict of interest. That's the focus. This hearing veered off course to explore if Wade and Willis lied about when their relationship started. They've both testified when it started & when it ended.

Only Yeartie says opposite. No one else.

— Katie Phang (@KatiePhang) February 27, 2024

No, Bradley doesn’t shine. But he didn’t file the motion. The lawyer who brought this had the burden of proof, and she let that wander into trying to smear Wade and Willis as liars because she knew she couldn’t establish the conflict of interest. She deserved what she got from Bradley today. He forced her to spend two hours trying to impeach her own witness.

She had nothing. She always had nothing. She knew (or should have known) she had nothing. No wonder Fani Willis was so pissed.