tag:blogger.com,1999:blog-1608697421187043479.post1164352318984745748..comments2023-10-19T21:48:56.560-05:00Comments on meaning in history: The Flynn Team's Opposition To Rehearing En Banc Re the Mandamusmark wauckhttp://www.blogger.com/profile/08247066866195200890noreply@blogger.comBlogger21125tag:blogger.com,1999:blog-1608697421187043479.post-63279445107427791182020-07-21T22:15:26.751-05:002020-07-21T22:15:26.751-05:00Both Margot Cleveland and shipwreckedcrew agree wi...Both Margot Cleveland and shipwreckedcrew agree with me that there is still plenty of opportunity for mischief...and certainly delay.<br /><br />https://thefederalist.com/2020/07/21/whats-in-the-legal-briefs-over-whether-judge-sullivan-can-keep-harassing-michael-flynn/<br /><br />https://www.redstate.com/shipwreckedcrew/2020/07/21/Cassanderhttps://www.blogger.com/profile/11255275730299959627noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-67325525805123571212020-07-21T20:08:52.743-05:002020-07-21T20:08:52.743-05:00OK, we don't *know* that there was no support,...OK, we don't *know* that there was no support, but odds are that he'd have sat tight, and let others make the noise, had he known of support.<br /> <br />aNanyMousehttps://www.blogger.com/profile/14452492302514671882noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-6876851615437106832020-07-21T20:06:03.630-05:002020-07-21T20:06:03.630-05:00By "no support" I didn't mean "...By "no support" I didn't mean "no single Circuit judge." What I meant was that the votes were not not available to support an en banc rehearing. My understanding is that a single judge can PROPOSE an en banc rehearing but the full Circuit takes a vote on whether or not to do so, and the decision to do that requires a majority. It seems clear that there was no majority mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-91770837412814203592020-07-21T19:24:13.864-05:002020-07-21T19:24:13.864-05:00All we know is that Sullivan filed before any sing...All we know is that Sullivan filed before any single Circuit judge did. Not that there was no support. Cassanderhttps://www.blogger.com/profile/11255275730299959627noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-24424433882388323602020-07-21T14:39:53.113-05:002020-07-21T14:39:53.113-05:00Sed contra ...
It seems there was no support for ...Sed contra ...<br /><br />It seems there was no support for a rehearing on the Appellate level, which forced Sullivan to file a petition on his own--and a day late.mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-91579386181945976082020-07-21T14:31:11.351-05:002020-07-21T14:31:11.351-05:00The subtle point I'm evolving towards is the f...The subtle point I'm evolving towards is the fear that the DC Court of Appeals will go forward with an en banc hearing. This should eat up a couple of weeks or a month or two, which has huge value to the Resistance. In making this prediction I am not predicting how the Court will rule on the merits. Cassanderhttps://www.blogger.com/profile/11255275730299959627noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-6041659671617247062020-07-21T14:13:17.448-05:002020-07-21T14:13:17.448-05:00Exactly, totally agree. Lay down a rule that allow...Exactly, totally agree. Lay down a rule that allows lower court judges to makes all sorts of demands? Sounds crazy to me. Haha, indeed!mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-63650100444114088232020-07-21T14:01:37.022-05:002020-07-21T14:01:37.022-05:00Besides all the issues of aligning itself with Sul...Besides all the issues of aligning itself with Sullivan or Wilkins or other appearances, I just don't see how they combine that with the huge procedural issues of solid case law that Sullivan is not a "party," and therefore not entitled to appeal, or, if he could somehow be deemed a 'party,' under the Rule, his request was not timely. Courts of Appeal are very protective ofTom Bopnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-73013968187622055292020-07-21T13:45:46.807-05:002020-07-21T13:45:46.807-05:00Good question! I'm no litigator either but per...Good question! I'm no litigator either but perhaps the analogous provision in a criminal case is the provision which requires 'leave of court'.Cassanderhttps://www.blogger.com/profile/11255275730299959627noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-42251633505322887832020-07-21T13:05:07.011-05:002020-07-21T13:05:07.011-05:00"no qualms about reversing himself", lik..."no qualms about reversing himself", likely from being blackmailed (about his kid?). aNanyMousehttps://www.blogger.com/profile/14452492302514671882noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-42653295582735421542020-07-21T13:04:52.766-05:002020-07-21T13:04:52.766-05:00My work in the bankruptcy courts makes me wonder i...My work in the bankruptcy courts makes me wonder if the government could have filed a Notice of Dismissal with Prejudice which requires no judicial cognizance and is clerical. Let Sullivan try to undo that!Tschifty Mccoyhttps://www.blogger.com/profile/04145718212696956164noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-28405239995696530112020-07-21T11:26:57.634-05:002020-07-21T11:26:57.634-05:00Yes, it would be weird.
But, then, Sullivan was th...Yes, it would be weird.<br />But, then, Sullivan was the hero of Powell's "Licensed to Lie" and he had no qualms about reversing himself in order to put the screws to Flynn/Trump.mistcrnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-62760220089627033122020-07-21T11:18:07.692-05:002020-07-21T11:18:07.692-05:00Nor will I. The thing is, the Fokker case that Pow...Nor will I. The thing is, the Fokker case that Powell relies on was written by the Obama appointed Chief Judge of the Circuit. It's very recent and to reverse that would be pretty weird. mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-92045805447090467722020-07-21T10:08:06.457-05:002020-07-21T10:08:06.457-05:00@mistcr
Correct!@mistcr<br /><br />Correct!Cassanderhttps://www.blogger.com/profile/11255275730299959627noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-33710988222407455502020-07-21T10:03:37.814-05:002020-07-21T10:03:37.814-05:00I'm just being a smart aleck. If the Obama/Cli...I'm just being a smart aleck. If the Obama/Clinton majority on the DC Circuit wants to align with the Obama-appointed Wilkens for political purposes...and rehear (delay) the case...at this point I won't fall out of my chair.Cassanderhttps://www.blogger.com/profile/11255275730299959627noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-58793539735635451442020-07-21T09:52:40.547-05:002020-07-21T09:52:40.547-05:00Have they not already lost their credibility? With...Have they not already lost their credibility? With the political "judges" (really politicians) allowed to pontificate without censure we are little more than Mexico. A failed state. Those on the bench have no one to blame but themselves when they are being killed regularly for not doing as factions or various warlords dictate. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-81204340828639202972020-07-21T08:41:04.434-05:002020-07-21T08:41:04.434-05:00"How much does it have to lose from aligning ..."How much does it have to lose from aligning with Judge Wilkins?"<br /><br />Aligning with Wilkins would, ultimately, cause loss of credibility, but IMO not as much as aligning now with Sullivan--because of Sullivan's clear personal animus which quite evident in the record: treason, perjury twaddle.mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-76907602425224437462020-07-21T08:29:06.973-05:002020-07-21T08:29:06.973-05:00@Mark
"I simply think that the Circuit as a ...@Mark<br /><br />"I simply think that the Circuit as a whole has a lot to lose from aligning with Sullivan at this point."<br /><br />How much does it have to lose from aligning with Judge Wilkins? <br /><br />Who wrote the 2-1 dissent...Cassanderhttps://www.blogger.com/profile/11255275730299959627noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-64137107489222958072020-07-21T08:28:37.472-05:002020-07-21T08:28:37.472-05:00I certainly understand why you think that, because...I certainly understand why you think that, because you're looking at it rationally.<br /><br />I do not believe that rationality and personal reputations are the right filter here. It's resistance theater, and any monstrosity can be sanctioned to defeat Trump and what he represents for their power.<br /><br />I think they really believe they can put Humpty back together again after they mistcrnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-47382274549730377592020-07-21T08:13:07.071-05:002020-07-21T08:13:07.071-05:00Totally agree. It seems to me that all this feeds ...Totally agree. It seems to me that all this feeds into reasons why his petition will be turned down. I simply think that the Circuit as a whole has a lot to lose from aligning with Sullivan at this point.mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-18753246971781001342020-07-21T07:52:28.518-05:002020-07-21T07:52:28.518-05:00I agree with the general premise that judges get m...I agree with the general premise that judges get more imperious. It's hard to be a judge- almost everyone quits being honest and forthright with you, since, if they're lawyers, they never know when they may have a case before you. Litigants treat judges very tenderly, and the staff worships the ground they walk on. The chambers, esp'ly in Federal courts, have become palatial, and, noTom Bopnoreply@blogger.com