A FReeper was speculating that Judge Sullivan had privately surveyed the appeals judges to see if he had enough support for an en-banc review.
Perhaps Sydney Powell has found proof of this and they are now all in CYA mode?
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.