By whom is it “contested”?
I thought the problem was the pinko judge.
Yes, Emmitt, the Snake, Sullivan contested the 3-Judge Appeals court decision to vacate the Flynn case. Now, the whole Appeals court came back and said...YOu GO Emmitt...get this bastard Flynn in prison!
Exactly! The judge has no standing to contest the dismissal because he is not a party to the case.
FOX is just writing BS headlines for the narrative.
Sullivan asked for the en banc hearing after the 3-judge panel told him to drop it. Took them a while to make this decision and I’m betting that, behind closed doors, they wish that he had just followed the original order.
The oral arguments for the en banc review will take place on August 11, but that might present problems for the appellate circuit too. The DoJ keeps finding more evidence of investigatory misconduct related to the prosecution of Flynn, and that is arguably already rising to the level where a judge would apply harsh sanctions to the prosecution of a case if prosecutors didnt withdraw the charges first, that is.