[struggle]

The petition was made from Sullivan through Wilkins (or whomever the objecting judge of the appeal was). By 7/24 the DOJ, Flynn, or both parties need to reply with reasons against en banc. If the majority of judges see no need for en banc, the en banc is rejected and the appeal court’s decision to end Flynn’s case is enforced. The majority of the court is Dem noms, but en banc in this case would look very biased so I think they drop it.

The original deadline for this was 7/15.

[Irish Eyes]

Thanks for the reply.

[Magnatron]

...en banc in this case would look very biased so I think they drop it.

There’s a Constitutional argument that could be made in this case by the left to attempt a wresting of power from the Executive Branch.

I wouldn’t put it past any hardcore liberal to pass that opportunity up...