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That is an odd request. Any speculation as to ... why?
That is an odd twist of the screw.
Looking to remove Sullivan?
I don’t read it favorably. Yes they could switch judges but the standard for doing that is very high. More likely they want to say, if you can’t convince us to remove the judge from your case, why should we intervene? My guess is the panel got together and decided they (the Democrat judges) ain’t reversing this unless Flynn can prove bias by the judge. And although the judge is a horse ass I doubt we meet that standard.
Alternatively, one of the Court of Appeals judges may believe either he or one of the other judges may be subject to mandatory recusal.
Judge is removed...soon
And not an Anthony Fauci curve ball I presume
OK,all you lawyers...why is this important?
Any idea what this means (ping)?
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.
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.
The members of the COA already damn well know what the criteria is. It is clearly spelled out in the Rules for Judicial Conduct. They aren’t that stupid.
The original three-judge panel should have ordered that Sullivan be removed from the case. That would have prevented the subsequent disaster and embarrassment.
Sullivan interjected himself into a case between two parties. That is blatant bias against both parties. Even worse, he invited someone who has a great deal of animosity against Flynn, Powell, and Trump to participate on Sullivan’s behalf to salvage a prosecution that never should have been brought in the first place because Flynn is completely and objectively innocent.
I could be that the liberals on the D.C. Circuit are having second thoughts about granting a hearing. It may have been an emotional decision at first, but the reality that will be exposed as the corrupt fools they are must be sinking in.
Oral arguments are going to give Powell the opportunity to rip Sullivan a new asshole; in a marginally polite way.
Sullivan’s career as a Federal Judge is over.
Once Sullivan made himself a party to the case, how could he remain as a judge on the case? Is that the issue?
Powell and Barr should do a joint letter to court. “Dear Court, This case is over. We are not participating in your games. It is done and any ruling you make will be considered political and not worth the paper it is written on. Please have a nice day, and drive safe”
Despite their political leanings, I believe this court will attempt to avoid making a decision which would set a bad precedent for the DC Circuit. I expect a decision holding that since Sullivan has become a party to the case, he must recuse and a new judge be assigned. The mandamus order to Sullivan will not be binding on the new judge who will be instructed to dispose of the DOJ request to dismiss in line with existing Circuit president.
He obviously, really does, "know where the (Democrat party) bodies are buried".
What else explains the bizarre way his case has played out?
Prayers for the safety of everyone. They, (Flynn, Powell), have powerful enemies.)
Here's hoping for a favorable outcome in court.