Lawyers are predicting the Appeals Court will either reassign the Flynn case or restrict the crazed Judge Sullivan. The prediction is based on recent developments.
The Circuit Court is thinking of disqualifying the lunatic judge. The Court asked the parties to address the disqualification statute. J. Sullivan improperly inserted himself into the case as a litigant when he filed a petition for rehearing.
The appeals court for the District of Columbia will hear the case on Aug. 11.
Judge Emmet Sullivan is biased for some reason and irrationally refuses to accept the fact that the DOJ dropped the case because there is no case.
Flynn pled guilty twice out of abject fear that his son would be indicted, and he withdrew his plea.
The appeals court’s three-judge panel ordered Sullivan to accept the case dismissal in June, but he appealed for a rehearing before the full court of 11 judges (en banc).
“They are going to conclude that by petitioning for rehearing en banc, Judge Sullivan has, practically if not officially, made himself a ‘party’ to the district court proceedings, and as such the very appearance of bias means he cannot continue overseeing the case,” predicted appellate attorney John Reeves, former assistant Missouri attorney general, in an email.
Former federal prosecutor Andrew McCarthy agreed.
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“It is incumbent on him to recuse himself,” he said in an Aug. 8 National Review op-ed. “If he can’t bring himself to do that—a failure that would further demonstrate a lack of judicial detachment—the D.C. Circuit should disqualify him. Either way, the case should be reassigned to a new judge, who should promptly grant the Justice Department’s motion to dismiss.”
While the court “would be within its rights to reassign the case,” it’s more likely the appeals court will allow Sullivan to stay, but will impose restrictions on him, said Mark Chenoweth, executive director and general counsel at the New Civil Liberties Alliance, a nonprofit that litigates against administrative state overreach.
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