Q: Jan Jekielek
A: Sidney Powell
Q: Let's talk about where we are today. The DC Circuit Court of Appeals has basically said, has ordered Judge Sullivan, to close the case. And I think he had 24 hours to do so and he didn't do it. So, What's going on? Where are we at here?
A: Well, they don't really put a time limit on the order, but I can't say in my decades of practice--and we're not going to number those--that I've ever seen a judge NOT do what he was told to do by what's called a writ of mandamus or extraordinary writ--an order directly from the Circuit Court of Appeals to do something. They always do it within 24 to 48 hours. I just haven't seen that happen, with the possible exception of one case way back when. I had to get a writ of mandamus issued against a federal district judge TWICE in the same case. Now we are certainly hoping that doesn't have to happen here and that the order will be signed shortly, because he's [Sullivan's] not a party to the case. That doesn't mean the full court can't review the case on its own, but it would be unprecedented to do so in these circumstances.
That's where we stand for now. As I indicated above, my best guess is that Sullivan intends to delay up to the point that delay would become defiance. That would bring us up to approximately July 15, the day before his previously scheduled hearing, set for July 16. That hearing was suspended by Sullivan's own order. That would simply be Sullivan giving the Court of Appeals the bird.