Thursday, June 4, 2020

More On The Flynn/Sullivan Oral Arguments

Per commenter EZ (and Techno Fog) the DC Court of Appeals panel of three judges issued an order today providing details on the time allotments for the oral arguments re the writ of mandamus petition in the Flynn case. It's all perfectly even handed--each party gets 15 minutes. Or, as EZ puts it:

15 minutes each: Flynn, DOJ, and Sullivan. 
That's 30 minutes of pro-Mandamus, 15 minutes against. 
Court is also allowing live streaming of Oral arguments.

Here's the order:

I envision something like this:

Sidney Powell will lead off emphasizing mostly government misconduct and the righteousness of her petition in the circumstances, with relatively brief appeals to the obvious precedents.

DoJ will focus on the Separation of Powers (judges can't prosecute) as well as pointing out the obvious holes in Sullivan's attempts to elude the requirements of precedent.

Sullivan will try to persuade the Court that district judges can do anything they please--in 15 minutes.

I can't see this ending well for Sullivan. And certainly nothing in the Court of Appeal's handling of the petition thus far hints in any way at sympathy for Sullivan's outrageous claims.


  1. Do you know where live-streaming will be found?

    1. Not yet, but I'm sure it'll be posted somewhere.

    2. Oral argument will be on the court's web site. Try:[EntryDate]%3E=06/07/2020%20AND%20[EntryDate]%3C=06/13/2020)&judge=Master&SearchMax=1000

      If that doesn't work, then Google "DC Circuit Court of Appeals oral argument" the morning of the argument.

  2. Who will argue for the DOJ? The SG?