Sidney raises all the liberty harms to Flynn and urges the court to see the case for what it really is and put an end to it.
Wall says he "feels a bit rope-a-doped!" He points out how WB just keeps minimizing everything she's said before about the factual development. This is very strong language from an appellate lawyer. It's basically accusing the other lawyer of lying. He finds WB dishonest (I agree).
Wall urges the court to issue the writ, saying that what Sullivan clearly plans to do is outside the lines and inappropriately pits the Executive and Judicial branches against each other and the Court should not permit that.
The case is submitted. They will now retreat into their ivory towers and debate what to do. There is no way to tell when they will decide it.
My gut reaction is that they aren't going to issue the writ. Of course, I thought that the last time too & they did. Henderson and Rao are still on board with the writ, but Wilkens, Rogers, Tatel, Millett, Pillard, and Garland at least I think are not.Griffith may be a no also.
Of course, "not issuing the writ" does NOT (necessarily) mean giving Sullivan a free rein.
On the Flynn hearing tomorrow, August 11, in the DC Circuit -— Techno Fog (@Techno_Fog) August 10, 2020
A link to get to the live audio stream (9:30 am EST) can be found here:https://t.co/yTwKCET6oy https://t.co/q2ha3F82BG