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To: Defiant; Richard Kimball

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....


1,068 posted on 08/05/2020 8:33:37 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.)
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To: little jeremiah

Thanks, that is all helpful. It would be shocking if the DC Circuit is actually concerned with following the law, but those questions show that at least some of the justices would like to make sure they do.


1,073 posted on 08/05/2020 8:39:50 PM PDT by Defiant (I hope the Russians trick me into voting for Trump again in 2020.)
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To: little jeremiah

This is so basic and elementary that no judge does not know the obvious outcome!

This banc of judges had little reason to fiddle further with this ridiculous judge, nor entertain a peep more of his incredible, obstructive and totally non-germane whinings, Unless... they intend to stamp him as murderously corrupt, or clinically insane, and are all together Eager to not only strip him forever of his judicial post, but also nail his face on a poster as a declaration to any other Maoist judge, hoping to run the halls of any American court in like manner, that this behavior is heretofore punishable as a criminal and constitutional offense.

What an idiot!


1,128 posted on 08/05/2020 10:31:18 PM PDT by RitaOK (Viva Christo Rey! Publik Skules/Academia -> The Farm team, for more Marxists coming. Infinitum.)
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To: little jeremiah

Seems like the En blanc Court is looking for a way out of the Sullivan mess. Couldn’t happen to more corrupt people. Sullivan should be in prison. Also, Contreras(sp) and Collyer. CYA Memos are not going to hold. They were all involved.


1,202 posted on 08/06/2020 6:36:26 AM PDT by DrDude (Waiting for the Sorm. Will it ever get here?)
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