letter of the law to violate the spirit of the law.
It seems whitmore is going to go point by point to condemn the new evidence and then run out the clock. It is going to go up to the 11th then get re rejected and then reject the enbanc. (which is very very common btw) and then the USSC will again reject it.
If whitmore was serious he would have ruled first then issued the followup order.
Judge Bork was on Sean today and said that USSC really had to reject the appeal since it was based on a law to benefit one person and they cannot possibly review any one person cases.