“I predict that the Circuit Court will deny the en banc hearing and Sullivan will then go to the Supreme Court. The Supreme Court wont want to have anything to do with this disaster. So, at that point, this will over.”
Centurion, we agree exactly. Your analysis is cogent and helpful for those who haven’t followed the case and in such a legal detailed light.
I’m holding out a slim reed of hope that after the full Court of Appeals rejects Judge Sullivan’s motion, he opts not to go through the wasted exercise submitting it to the Supreme Court. He knows full well it will go nowhere.
The danger to Flynn is that the full circuit will grant Sullivan’s appeal and the Supreme Court won’t touch it when Flynn appeals. The courts are so political and will look at the short term results. They could easily decide to go the opposite way on a sane future case depending on the parties...they exist to make up law on the fly. Their goal is to damage Trump in any way they can.