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.

[sauropod]

Do lower court judges typically ask higher courts for en banc reviews?

This looks odd to me.

[zeugma]

Predicted

Yup. Same here. I'm surprised he didn't wait until the day before he had do act on the previous order. Came close, but I figured he'd be as petty as humanly possible.

[Trump Girl Kit Cat]

It is time for Trump to put an end to this NOW!!

[Miss Didi]

#FLYNN Breaking: Judge Sullivan asks entire DC Circuit Court of Appeals to review previous order forcing him to dismiss Flynn case. Sullivan lawyer Beth Wilkinson’s 69 page filing reads in part: “The panel’s decision threatens to turn ordinary judicial process upside down...— Catherine Herridge (@CBS_Herridge) July 9, 2020

It is the district court’s job to consider + rule on pending motions, even ones that seem straightforward. This Court, if called upon, reviews those decisions—it does not preempt them. This case satisfies requirements of Rule 35 + en banc review should be granted.” @RobLegare pic.twitter.com/zrOltA87yZ— Catherine Herridge (@CBS_Herridge) July 9, 2020

[Pox]

Normally, your prediction would be correct.

However, the circuit court is filled with liberal activists who will likely be more than happy to go En Banc, you know, for the cause!

As was postulated, this creep has likely already canvassed the rest of that circuit courts members and already knows what the result will be, which is they will be happy to rehear the case.

[elpadre]

Sullivan’s job is to stretch the case out until the election.

[Steely Tom]

It’s all about the delay. Nothing more. He wont sign the dismissal until the entire Supreme Court puts the pen in his hand.

And even then it will take a week for him to scratch out his signature.

He can still refuse to do it, to physically sign the order.

Then they'll have to remove him from the case, or maybe from his job entirely, which will take time, during which Flynn is silenced.

If they remove him from his job (by forcing him into emeritus status for instance) he will get a very cushy sinecure at Harvard or some other fancy school of his choice. I bet it's being arranged right now.

[Eric in the Ozarks]

The judge needs a “kneeling” policeman...

[thinden]

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.

xxxxxxxxxxxxxxxxxxxxxxx

F) He’s being blackmailed as payback for getting his criminal son off on murder & drug charges?

[Carriage Hill]

SPJNK.

[Rapscallion]

Is it legal for a judge to be VINDICTIVE against a defendant?

It could be viewed as impeachable misbehavior on the part of the judge. IMHO it is.

[robowombat]

He is owned by K Street types due to some special treatment his kiddie porn loving son got in the court system. He just keeps trying to drag this out past election day. Once Flynn has the potential real prison sentence eliminated he is going to reveal some interesting things. If Biden wins then Flynn's value to the GOP evaporates.

[mulligan]

Sullivan is brainless.

[jjotto]

Sullivan’s “treason” comment in court doesn’t qualify?

[vigilence]

I don’t believe he’s currently under a gag order and is free to speak. However, discretion being the better part of valor, he’s better off not saying much yet. Having read the majority opinion of the three judge panel I can’t imagine the full panel of judges having much to stand on, legally. But they do have numbers on their side.

[Ohioan]

“when Biden wins?” Are you serious?

[dblshot]

In a game of checkers with Joe Biden I think Sullivan would lose.

[Carriage Hill]

He knows where the bones are, and the Deep State Swamp is scared.

[softengine]

Seriously. Does he think the cat can be forced back into the bag? He must know he’s flirting with disaster.

[Trump Girl Kit Cat]

That is what I would do if I were Powell I would demand this judge recuse himself immediately!!!