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The DC Circuit just issued an order for the counsel in Flynn to be prepared to answer questions about mandatory recusal or removal conditions for judges... https://t.co/7kmFnkU34T
Twitter ^ | 8/5/2020 | Jonathan Turley

Posted on 08/05/2020 1:39:29 PM PDT by 31R1O

DC Circuit Court throws a curve ball!


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: emmetsullivan; flynn; jessebinnall; judgesullivan; michaelflynn; sidneypowell
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To: Vendome
Jesus would crush it if Dwight Gooden had thrown it...
21 posted on 08/05/2020 2:01:50 PM PDT by fhayek
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To: MCEscherHammer
My understanding is that Flynn is under a gag order?

No, A gag order has never been issued, according to his attorney.

22 posted on 08/05/2020 2:05:33 PM PDT by centurion316
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To: freedomlover

Of course, if the Flynn trial looks like it will not be resolved, DJT can pardon Flynn...

I believe a pardon should remove the gag...

However, the DIMS & Sleepy Joe want to get the pardon so they can say that the Flynn dirt is just political...

DC gamesmanship on display!?


23 posted on 08/05/2020 2:07:55 PM PDT by MCEscherHammer
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To: freedomlover

Both Powell and Flynn has said there is no gag order still in effect.

https://www.ntd.com/sidney-powell-inside-the-michael-flynn-case_481732.html

https://www.citizenfreepress.com/breaking/breaking-dc-appeals-court-reinstates-case-against-general-flynn/


24 posted on 08/05/2020 2:08:55 PM PDT by Alas Babylon! (The prisons do not fill themselves. Get moving, Barr!)
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To: 31R1O

OK,all you lawyers...why is this important?


25 posted on 08/05/2020 2:09:01 PM PDT by Gay State Conservative (The Rats Just Can't Get Over The Fact That They Lost A Rigged Election!)
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To: Vendome

LOLOL!!


26 posted on 08/05/2020 2:09:09 PM PDT by Jane Long (Praise God, from whom ALL blessings flow.)
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To: MCEscherHammer
My understanding is that Flynn is under a gag order?

He isn't according to Powell.

27 posted on 08/05/2020 2:09:23 PM PDT by Major Matt Mason (America has a DemocRat and RINO problem.)
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To: Cboldt

Any idea what this means (ping)?


28 posted on 08/05/2020 2:10:00 PM PDT by Jane Long (Praise God, from whom ALL blessings flow.)
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To: Williams

I am a legal lay person but from my short time of study I have learned not to try read into questions from judges too much!


29 posted on 08/05/2020 2:10:01 PM PDT by 31R1O
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To: centurion316

Have read several online stories stating that he has been under a gag order from Sullivan?


30 posted on 08/05/2020 2:11:04 PM PDT by MCEscherHammer
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To: Flash Bazbeaux
"To me it means that the court wants to hear Powell’s opinion as to when the Judge’s conduct has reached the point where he should be bounced off the case."

Powell wasn't his attorney at the time, but Sullivan should have been removed or recused himself the day he blew up at General Flynn, and called him a traitor. I know he apologized afterwards, but the damage had already been done, and he should have been taken off the case. Sullivan's apology was to save face. It didn't change his negative attitude toward General Flynn, and he's continued to show that same negative attitude by refusing to dismiss the case as requested by DOJ. Sullivan has a vendetta against Flynn, fueled by the deep state. He's acting like a spoiled child who hasn't gotten his way.

31 posted on 08/05/2020 2:11:49 PM PDT by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne)
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To: MCEscherHammer

IMO if this thing isn’t resolved by Election Day...in Flynn’s favor...the President will pardon him soon after the Election.


32 posted on 08/05/2020 2:13:30 PM PDT by Gay State Conservative (The Rats Just Can't Get Over The Fact That They Lost A Rigged Election!)
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To: 31R1O

The order from the Court on the en banc hearing directed the parties to limit their briefs and arguments to the question of what alternatives might be for granted mandamus. This looks like an add on. My guess that one of the judges slated to sit on the en banc has asked the Chief Judge to expand the scope to include this question.

Sydney Powell has argued that Judge Sullivan has no standing in this matter and therefore should not have been permitted to request an en banc hearing. No other judge requested one.
If he were required to recuse himself, perhaps the en banc hearing becomes moot, and the Court can issue the mandamus.

Remember, I was wrong on the whole question of an en banc hearing, I thought that the Court would deny it. So much for my credibility.


33 posted on 08/05/2020 2:13:44 PM PDT by centurion316
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To: MCEscherHammer
Even if he's not under a gag order it seems to me that he'd be wise to zip his lip...particularly now that things are sure to end well.End well *eventually* that is.Joe DiGenova has said that if this case ever gets to SCOTUS they'll rule 9-0 in Flynn's favor.
34 posted on 08/05/2020 2:16:47 PM PDT by Gay State Conservative (The Rats Just Can't Get Over The Fact That They Lost A Rigged Election!)
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To: 31R1O

Just another end run to keep it alive. The issue is already sufficient to drop the case. The Prosecution is dropping all charges in the face of deep corruption in the case which proved the man was innocent from day one. With psychological torture they coerced a confession.

Removing Sullivan is a legal nicety... but the DC communist people’s court is playing with esoteric trivia and ignoring the true issue.

Banana republic.


35 posted on 08/05/2020 2:17:02 PM PDT by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. ....)
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To: MCEscherHammer

I have probably read the same stories. Apparently not true, imagine that. I saw an interview with Sydney Powell and she said that he has never had a gag order. Flynn published something today.


36 posted on 08/05/2020 2:18:39 PM PDT by centurion316
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To: The Pack Knight
28 U.S.C. § 455. A judge has an affirmative duty to recuse himself sua sponte (on his own motion) if he believes those grounds exist.

For them to raise this issue at all is terrible for Sullivan no matter how you slice it. They could have given him the en banc hearing, let the thing drag on through the election, and eventually made their ruling in Sullivan's favor, or Flinn's, when it would have been irrelevant.

Instead they raise and highlight the worst possible issue for this hysterical dork of a judge--because his bias and obsession are so obvious--telegraphing to Sidney (whether they mean to or not) how to prepare the barbecue sauce.

Maybe they don't want to be associated with the embarrassing Sullivan, and are warning him to him shut up and go away as quickly as possible.

37 posted on 08/05/2020 2:23:51 PM PDT by SamuraiScot
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Comment #38 Removed by Moderator

To: rlmorel

I don’t understand how one judge can have so much power over the DoJ.. and in other cases, the POTUS.


39 posted on 08/05/2020 2:42:56 PM PDT by DivineMomentsOfTruth ("There is but one straight course, and that is to seek truth and pursue it steadily." -GW)
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To: Buckeye McFrog

Maybe. That would be a pretty big deal if true. Any judge on the Court of Appeals who received such an ex parte communication would be obligated under the Code of Conduct for United States Judges to disclose it to Flynn’s lawyers.

Both Sullivan and the judge who received the communication and didn’t report it would be subject to discipline under the Judicial Conduct and Disability Act, including potential reprimand, suspension, and referral to the House for impeachment.


40 posted on 08/05/2020 2:51:01 PM PDT by The Pack Knight
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