It is hard to overstate how wildly inappropriate this is. 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. Why on earth does he think he is allowed to request en banc review?
“””Under the Federal Rules of Appellate Procedure,””””
Rules are stupid and aren’t used anymore.
Just read on politico Sullivan was being creative. Only Wilks or another judge on D.C. circuit can request. If not accepted, dismissal effective July 15.
“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!