Posted on 05/24/2020 5:45:49 PM PDT by CheshireTheCat
...Giving a “one-finger salute” to the filing of the Petition, Judge Sullivan enters an Order setting a briefing schedule for the filing of opposition and reply briefs on the issues before the Court as set forth in the DOJ motion to dismiss, setting a hearing date nearly two months away.
The next morning the Circuit Court of Appeals ORDERS the district judge to personally respond to the Petition for Writ of Mandamus and address the issue of whether he has any discretion on the question of granting the motion to dismiss the case...Judge Sullivan has hired the very experienced and very well-known Washington DC criminal defense attorney Beth Wilkinson to “represent” him in connection with the Circuit Court order, although it remains an open question whether the Circuit Court will accept or hear anything from her on Judge Sullivan’s behalf...Placing Beth Wilkinson — well known and respected by all the Circuit Court Judges — between Judge Sullivan and the three-judge panel of the appeals court seems to me to be an effort to ensure that Judge Sullivan’s response is measured and non-antagonistic — even though he’s likely steaming...It’s very possible she may counsel him to respond with a concession that Circuit authority dictates that dismissal is appropriate, and his only interest in conducting an inquiry is to confirm there are no ulterior motives at work which are being hidden from the Court.
(Excerpt) Read more at redstate.com ...
Paid by the word.
Ping for the AM, thanks for posting!
Agreed. Hiring the lawyer is just face saving. The appellate order all but comes out and says he’s going to be reversed based on the Fokker Services case. Very typical approach. He’s given a chance to back down. If he doesn’t there will be a sharply worded opinion. But it ends there
They may not even reverse his decisions. We’ll see.
“Judge Sullivan got his first federal job from Ronald Reagan.”
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Only in a technical sense. Sullivan’s first “federal” judgeship was as a Superior Court of the District of Columbia judge (i.e., a “city” judge who heard local DC municipal cases). DC “city” judge position recommendations (by the DC Mayor) are routinely “rubber stamped” by whoever is President so long as the nominee meets the qualifications.
Sullivan was later nominated to be a judge who actually hears FEDERAL cases by Jimmy Carter. That was for his CURRENT position as a judge on the UNITED STATES District Court for the District of Columbia. He hears US federal cases.
I’d bet a bunch of money on it. His actions are clearly co ready to leave and violet very clear separation of powers precedent.
Flynn got lucky to draw a 3 Judge panel with 2 R appointed Judges. So, let’s assume the panel approves Flynn’s writ of mandamus. But Judge Sullivan has lawyered up, and by all appearances, intends to fight, US V Fokker be damned. So, does Sullivan appeal to the full court and request Flynn’s writ of mandamus be considered en banc? If so, it becomes a circus, and the DC Circuit is already three-rings. But that circus won’t be in town until after the election.*
* IANAL
I have a good amount of experience dealing with appellate courts. I’m still saying Sullivan gives it up before June 1. The panel is clearly signaling that they will issue the writ. I don’t know if review lies to en banc. But even if it does, going to that would make Sullivan so obviously “embroiled” that his position would not just be tenable. If he makes them issue the writ their opinion is going to sting, especially since his position flies in the face of analogous unanimous Supreme Court authority that’s only a couple weeks old. Remember, he’s not a party and tenaciously fighting to the last would be so incredibly unseemly as to seriously endanger his reputation, and that means a lot to him. It just can’t happen
Now that I think of it, I don’t think he’d have standing to seek en banc review. Only parties have appellate standing.
As bizarre as it seems, the Judge already appears to be taking the role of prosecutor. But you are probably correct that he has no standing to appeal.
A caption would be helpful.
Are we to assume that these are the Ms & Mr Wilkinson?
Leftist judges and politicians are no longer even hiding their contempt for law and just rewriting it on a whim.
That is all these lockdown orders are. Illegal, whim orders from totalitarians in executive offices around the country.
JoMa
Exactly correct. Obama's "leaked" phone call to the media in the wake of the DOJ dropping the charges against General Flynn was, in fact, Obama's marching orders to the judge.
Now, Sullivan and his Deep State lawyer can enjoy attorney-client privilege, something that they denied President Trump.
Yes. David Gregory, famously liberal reporter.
The D.C. Superior Court and Court of Appeals handle every federal law that deals “exclusively” with Washington D.C.
Judges for those two courts are nominated by a D.C. Commission.
5 of the 7 members of that Commission are appointed by the Mayor, the City Council, and the D.C. Bar. In other words, every nominated judge is Hard Left.
The President chooses among three nominees and sends that name to the U.S. Senate for confirmation. The President has the authority to reject all three nominations.
Sullivan was confirmed for all three of his nominations by a Senate voice vote - in other words, not one Republican, including Reagan and GHWBush, made any attempt to oppose this guy.
Clinton, not Carter, nominated Sullivan to the District Court.
Just popping in to bring up the fact that the DC government is entirely, root and branch, unconstitutional.
Right on! I’m tired of reading the same crap over and over. This guy is really bent out of shape because he has been shown up....period.
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