How is it the Judges place to appeal?
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I suspect that such an appeal, which would be via a request for an en banc review of the decision, is very rare. But apparently Sullivan could make that request as could any judge on the Circuit Court.
Who knows what Idiot Sullivan will do? I don’t. But there must be some sort of time limit on how long he has to make an en banc request.
If anyone knows if there is or is not a time limit they should let us all know.
CACD FRAP Circuit Rule 40, Note (3)
(3) Writs. No mandate will issue in connection with an order granting or denying a writ of mandamus or other special writ, but the order or judgment granting or denying the relief sought will become effective automatically 21 days after issuance in the absence of an order or other special direction of this court to the contrary.
CACD FRAP Circuit Rule 40, Note (3)
(3) Writs. No mandate will issue in connection with an order granting or denying a writ of mandamus or other special writ, but the order or judgment granting or denying the relief sought will become effective automatically 21 days after issuance in the absence of an order or other special direction of this court to the contrary.
There is a separate and longer time limit if a party decides to move for rehearing, 30 or 45 days (longer for the government). That limit is pointless here, because implemetation of the writ/order at 21 days frees Flynn.
The Circuit Court can order rehearing on its own, provided a majority of the active members chooses to do so. Sullivan and Lawfare can work with their cohorts (for example Wilkins) in the Circuit Court on that angle.