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Running Out the Clock: Mike Flynn Case Judge Requests En Banc Hearing
DB Daily Update ^ | David Blackmon

Posted on 07/09/2020 2:51:14 PM PDT by EyesOfTX

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To: Brilliant

See post 20.


21 posted on 07/09/2020 4:32:02 PM PDT by gcparent (Justice Brett Kavanaugh)
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To: The Pack Knight

“Under the Federal Rules of Appellate Procedure, a trial court judge is not even allowed to respond to a petition for mandamus unless invited to do so by the court of appeals.”

Great point! It just shows the depth of Sullivan’s criminality that he even responded to the petition despite being legally prohibited from doing so.

Obviously, if he was given permission to do so, instead of breaking the law like he did, then he would be entitled to ask to appeal. Only a great and insightful lawyer could see the subtle circumstance: if the court did not give you permission to respond to the petition in the first place (is that even allowed? I doubt it!) then you certainly cannot ask for a further appeal.

Curious, can Sullivan be prosecuted for responding to the petition in the first place? Some corrupt official on the court let that happen. Let’s hope the corruption is ended by the court telling him to stop breaking the law!


22 posted on 07/09/2020 4:33:59 PM PDT by Gratia
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To: EyesOfTX

Federal Judges can be impeached. This one should be.


23 posted on 07/09/2020 4:57:49 PM PDT by Robert357
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To: gcparent

Please explain


24 posted on 07/09/2020 7:46:01 PM PDT by MrChips ("To wisdom belongs the apprehension of eternal things." - St. Augustine)
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To: MrChips

Like I posted. on Politico today they said Sullivan is not allowed to do this. He decided to be “creative”. But Wilks or another D.C circuit judge still can. If they dont act then case automatically dismissed July 15th.


25 posted on 07/09/2020 8:13:42 PM PDT by gcparent (Justice Brett Kavanaugh)
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To: MrChips

Sullivan can not request en banc.


26 posted on 07/09/2020 8:16:41 PM PDT by gcparent (Justice Brett Kavanaugh)
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To: EyesOfTX

Sullivan is not a party to the case. Therefore, he has no standing to ask for an en banc review, nor to appeal to SCOTUS.


27 posted on 07/09/2020 10:26:05 PM PDT by sourcery (Non Aquiesco: "I do not consent" (Latin))
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To: EyesOfTX

The correct response by the appeals court is that neither the judge’s lawyer nor the judge have any standing.


28 posted on 07/10/2020 3:33:44 AM PDT by Revolutionary ("Praise the Lord and Pass the Ammunition!")
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To: gcparent

Oh. Thanks for the explanation. I’m never very good at figuring out the legalities of these things.


29 posted on 07/10/2020 5:25:16 AM PDT by MrChips ("To wisdom belongs the apprehension of eternal things." - St. Augustine)
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To: Brilliant

As a former judge himself, Gleason, unlike Wilkerson, would know that this was not permitted.


30 posted on 07/10/2020 5:55:00 AM PDT by gcparent (Justice Brett Kavanaugh)
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To: sourcery
Sullivan is not a party to the case. Therefore, he has no standing to ask for an en banc review, nor to appeal to SCOTUS.

And the cherry on top is that he is asserting that the Court (him in this case, but in principle any other Federal judge) has the RIGHT to order an adversarial proceeding after the adversaries have withdrawn, with new adversaries chosen by him alone.

Because the government is so out of control, it would not surprise me if the DC circuit endorsed such a notion, but it obviously smashes down the wall separating judicial from executive functions, and could be considered part of the coup because it could only happen with President Trump in the White House.

31 posted on 07/10/2020 6:01:58 AM PDT by Jim Noble (Think like youÂ’re right, listen like youÂ’re wrong)
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