Flynn case: Here’s Catherine Herridges tweet about the Aug. 11 en banc hearing. Note which judges will be present:
https://twitter.com/CBS_Herridge/status/1291078475449880578
“Garland” would be Judge Merrick Garland.
Right.
Much more significant is the new issue specified in the calendar notice. 😉— Richard A Harrison (@RAHarrisonPA) August 5, 2020
En banc court to consider whether J. Sullivan even has authority to ask for reh’g en banc. Could end the matter on a point of procedure.— Richard A Harrison (@RAHarrisonPA) August 5, 2020
CJTruth posted the first one, John M. Reeves has several more, all with relevant documents:
BREAKING re: Flynn en banc
1) The DC Circuit just entered the attached order regarding the Flynn en banc oral argument. It shows at least some of the judges are concerned that Judge Sullivan has become biased, and needs to disqualify himself. (cont)https://t.co/RO6kSrEioC— John M. Reeves (@reeveslawstl) August 5, 2020
2) The relevant part of the order declares that the parties shall address "the effect, if any, of 28 USC 455(a) and 455(b)(5)(i) on the District Court judge's Fed. R.. App. P. 35(b) petition for en banc review.https://t.co/RO6kSrEioC— John M. Reeves (@reeveslawstl) August 5, 2020
3) Below is a link to Section 455, with the relevant portions highlighted. (cont)https://t.co/4FuNGQTVpM— John M. Reeves (@reeveslawstl) August 5, 2020
4) Section 455(a) declares, "Any...judge...shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned."https://t.co/4FuNGQTVpM— John M. Reeves (@reeveslawstl) August 5, 2020
6) This indicates that the DC Circuit is concered that by petitioning for en banc review, Judge Sullivan has rendered himself a party to the case, and has thus disqualified himself from further overseeing the district court proceedings.— John M. Reeves (@reeveslawstl) August 5, 2020
7) As I've said before, this promises to be anything but dull....— John M. Reeves (@reeveslawstl) August 5, 2020