Well Judge Sullivan petitions for rehearing en banc in the @GenFlynn case, asking the full DC Circuit to vacate Judge Rao's opinion and dismiss Flynn's petition for a writ of mandamus.
This is not only an amazing amount of push back but unprecedented amount of resistance from a judge when both parties want to dismiss, on a chicken shit process crime. Never in life has anyone every witnessed this level of bullshit.
OK getting bombarded with DM questions. Let's try to address some of them
Appellate Rules require that a majority of the full time members of the Court not Senior Status judges must vote in favor of rehearing a case en banc for such a hearing to take place.
Appellate Rules require that a majority of the full time members of the Court not Senior Status judges must vote in favor of rehearing a case en banc for such a hearing to take place.
There are currently seven judges on the Court appointed by Democrat Presidents, and four appointed by GOP Presidents. With 11 judges, it would take a vote from six of them to rehear the matter.
Now I read the Request for enbanc, it's really a word soup without a lot of substance. The thing is, the circuit could have decided to take it up if they wanted. This, is also the circuit court Reid abolished the judicial filibuster for below SCOTUS, to allow Obama to pack it.
DC Circuit ruled 8-3 to allow Pelosi/Schiff/Nadler to subpoena Trump's tax returns; but got killed on that today. Not sure they'd take this now, with such a request, as if it were likely they'd have done so anyway sua sponte, but I wouldn't put it past 35% they will.
All this shit is about projection for the upcoming election. The Dems scream they won today when they get nothing anytime soon and then claim what does he have to hide. Congress can't claim oversight on taxes from 10-15 years ago. That's not oversight. That argument is coming.
Back to my reasoning why I have such a low percentage they take this en banc, One of the Democrat appointed Judges is Chief Judge Sri Srinivasan, who wrote the opinion in the Fokker Services case.
Fokker was relied upon by Judge Rao in ruling that the DOJ motion to dismiss Flynn's case must be granted. That ruling is fairly recent, 100% applicable and in this very circuit and both sides have cited it. This is a steeper climb than the pundits think.
It was a tactical error that Wilkins who dissented in the decision on Flynn's case called the Fokker Services case "dicta" with regard to the key passages that Judge Rao relied upon. To be he shot himself in the foot with at least one of his liberal colleagues.
It must have pissed Srinivasan off for another member of the Circuit to make such a belittling comment about Srinivasan's legal analysis as set forth Fokker Services as well as the others that all agreed with Fokker. This may be the saving grace in this en banc garbage.
It would be Srinivasan's decision in Fokker that would be undermined by a decision reversing the panel, its quite likely that Srinivasan is a vote against en banc review. I can't see a judge ruling against himself.
Also the internal dynamics of a relatively small appeals court are such that other Democrat appointed judges might not want to put themselves in the position of potentially having to side against Srinivasan by rehearing the Flynn case.
Why would they when ultimate outcome of the case is simply not that important "in the grand scheme of things." If just one Democrat appointed judge feels that way, then there are not 6 votes to rehear the case en banc. So in my view the odds are low that they grant this.
Seriously if there was a majority of the DC Circuit that really wanted to hear this en banc they would have requested it themselves and not sit back and let this linger.
Sullivan is rolling the dice and really has nothing to lose at this point. His career is shit after this.
Sullivan is rolling the dice and really has nothing to lose at this point. His career is shit after this.
I overlooked this glowing nugget
Beth basically slapped the DC Court here and this might not be a kind rebuttal when it comes
Beth basically slapped the DC Court here and this might not be a kind rebuttal when it comes
Siri Srinivasan was on a fast track to the SCOTUS under Obama but came up short when Merrick Garland got the nod only to be slam dunked by the grim reaper.
I sincerely doubt Srinivasan reverses his own opinion.
I sincerely doubt Srinivasan reverses his own opinion.
That conclusion by Wilkinson is completely insane if you think about. It's an idiotic argument in a mandamus hearing. It's what mandamus is & that prohibition exist is because federal district courts are not God, even though some will argue that. This is not a good look for Beth
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