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To: taxcontrol
It seems like a perfectly obvious request to me. Sullivan's involvement in the case as a litigant implicates the mandatory recusal and disqualification provisions of 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. While Flynn's lawyers did not raise this issue in their brief, I think at least one of the judges on the Court of Appeals must think that the Court of Appeals also has a duty to consider sua sponte whether a trial judge should be compelled to recuse himself.
6 posted on 08/05/2020 1:46:06 PM PDT by The Pack Knight
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To: The Pack Knight

Sullivan needs to be compelled to lock himself up for, at the very least, contempt.


14 posted on 08/05/2020 1:48:39 PM PDT by Paladin2
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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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To: The Pack Knight

46 posted on 08/05/2020 3:03:15 PM PDT by 11th_VA (May you live in interesting times - Ancient Chinese Proverb)
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To: The Pack Knight
So your thought is Sullivan cannot be Judge and Prosecutor. If he wants to be Prosecutor, step down as Judge. 🤣
51 posted on 08/05/2020 4:02:41 PM PDT by Lockbox
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To: The Pack Knight

You got it, exactly. Whether Sullivan can be impartial, let alone present the appearance of impartiality, is a rather obvious issue at this point.


59 posted on 08/05/2020 5:42:16 PM PDT by PUGACHEV
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