MEMORANDUM IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS COUNTS 1 AND 2 OF THE THIRD SUPERSEDING INDICTMENT ON THE GROUNDS THAT 18 U.S.C. § 1512(f)(1), AS IT IS BEING APPLIED IN THIS CASE, VIOLATES THE EX POST FACTO CLAUSE OF THE UNITED STATES CONSTITUTION AND IT VIOLATES DEFENDANT’S RIGHT TO PROCEDURAL DUE PROCESS
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