Judge asks full federal appeals court to reconsider decision forcing him to drop Michael Flynn case

CNBC ^ | 08/09/2020 | Dan Mangan

[SpeedyInTexas]

The judge in Michael Flynn’s criminal case asked a federal appeals court Thursday to reconsider its ruling last month ordering him to dismiss the prosecution of the former national security advisor to President Donald Trump.

Judge Emmet Sullivan’s lawyer asked for a so-called en banc review of the decision of the appeals court, which would involve all active judges on the court to re-hear the case.

[Repealthe17thAmendment]

You have to wonder why the court would want to take up a case that is certain to be ultimately dismissed; either at the district level, or if appealed, to the supreme court. It's a loser no matter how you look at it.

All common sense would say that the full court would pass, but crazy things have happened in this case.

[kaehurowing]

I don’t even see how the judge has standing under the rules to do this. It is bizarre.

[left that other site]

How can he even have the appearance of impartiality now?!

That was my thinking as well.

[Pearls Before Swine]

No, they can just decline the request.

Of course. But, if he's been canvassing the judges to see how they would vote on an en banc request, he might be betting they will take it and it would go his way.

On the other hand, if he's been instructed by people he owes favors to to play out the delaying hand as long as he can, then this is the thing to do, even if the Court operates properly. It takes time for them to refuse.

Then he'd probably get another 21 days to respond to the existing order (just as he had here).

[left that other site]

So as long as he isn’t actually “sitting” he can say outrageous stuff?

[1Old Pro]

it took him weeks to do the obvious delay tactic, total partisan.

[aynrandfreak]

It’s as much about stalling to hope Biden wins and Flynn can never do an audit of intel agencies.

[left that other site]

Only if judgie was appointed by a Rat.

Well. There ya go.

[mass55th]

Something tells me that the full Court of Appeals isn’t going to be happy being asked to waste their time on this, when he could have so easily resolved it. The court gave him an out. He’s refused to accept it. It makes Sullivan look like he’s grasping at straws, and he is. This is going to backfire on him bigly.

[left that other site]

Ethical, no.

Definitely NOT!

[TiGuy22]

or pushing Trump into a pardon scenario.

[taxcontrol]

If the full court declines, there are far fewer options available. I would tend to say “no” options but that starts to get into the gamesmanship of the rules of the court and I am no expert in that area.

[traderrob6]

“Sullivan has been assured by a majority that they will take it up and rule in his favor. Roberts won’t let SCOTUS take it up, so Sullivan will be back in the driver’s seat.”

Stating something as fact that is nothing more than rank ridiculous speculation on your part is something one would expect at the DU. perhaps that’s where you belong.

[Perseverando]

Re: A) He’s furious that someone is telling him how to conduct his court. B) He’s furious that he got caught. C) He’s stalling to keep Flynn from being set free. D) He’s trying to affect the election. E) All of the above.

E) All of the above.

[phs3]

Was thinking the same thing, Isn’t this something for an AG or some other Prosecutor?

[databoss]

Sad what TDS does to our country. It starts at the top where top Dems and Rino’s openly undermine POTUS because why? He’s Donald Trump, nothing more. Sick.

[wardamneagle]

The George W Bush appointee will be denided.
He’s out of gas.

[mass55th]

This guy is dumber than a box of rocks. Doesn’t he realize that with each new move he makes, he’s showing that his actions are strictly politically motivated? Justice has nothing to do with it. He’s following the orders of his puppet masters who won’t be there for him when it all falls apart.

[kiryandil]

No, but they will. Guaranteed. Majority-Democrat court.

Because the Fantasy Federal courts of John Roberts are TOTALLY non-political...

[Steely Tom]

So as long as he isn’t actually “sitting” he can say outrageous stuff?

Honestly, I don't know. It's up to the higher courts to which he is answerable. They can call it as they see fit. They have to follow guidelines, but many of those are subject to interpretation.