I agree with you.
I posted some by this guy earlier but here’s the whole thread, click link to see the documents he’s discussing:
https://threadreaderapp.com/thread/1291045947607326722.html
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)
08.05.2020(1) order re en banc.pdf
https://drive.google.com/file/d/1CKdyag-RhjQvtMuirc1KapD_pO3XTH43/view?usp=sharing
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.
08.05.2020(1) order re en banc.pdf
https://drive.google.com/file/d/1CKdyag-RhjQvtMuirc1KapD_pO3XTH43/view?usp=sharing
3) Below is a link to Section 455, with the relevant portions highlighted. (cont)
455 Disqualification of justice judge or magistrate judge.pdf
https://drive.google.com/file/d/1CKjkMjmkrNSc_PKrDAaxWpUDLqscB6wE/view?usp=sharing
4) Section 455(a) declares, “Any...judge...shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”
455 Disqualification of justice judge or magistrate judge.pdf
https://drive.google.com/file/d/1CKjkMjmkrNSc_PKrDAaxWpUDLqscB6wE/view?usp=sharing
5) Section 455(b)(5)(i), in turn, declares that a judge must also disqualify himself if he “[i]s a party to the proceeding, or an officer, director, or trustee of a party.”
455 Disqualification of justice judge or magistrate judge.pdf
https://drive.google.com/file/d/1CKjkMjmkrNSc_PKrDAaxWpUDLqscB6wE/view?usp=sharing
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.
7) As I’ve said before, this promises to be anything but dull....
Flynn update -
DC Court of Appeals requests the parties be prepared to address at oral argument:
1) Whether Judge Sullivan should disqualify himself for perceived impartiality; and
2) If Sullivan should disqualify himself as a party to the proceeding. pic.twitter.com/2cqmA8WhqR— Techno Fog (@Techno_Fog) August 5, 2020