tag:blogger.com,1999:blog-1608697421187043479.post7515608481852261308..comments2023-10-19T21:48:56.560-05:00Comments on meaning in history: UPDATED: Will There Be An En Banc Rehearing On The Flynn/Sullivan Case?mark wauckhttp://www.blogger.com/profile/08247066866195200890noreply@blogger.comBlogger26125tag:blogger.com,1999:blog-1608697421187043479.post-70668747202169788002020-06-26T14:54:04.857-05:002020-06-26T14:54:04.857-05:00Just for the record, I don't claim every D jud...Just for the record, I don't claim every D judge resists. Rather, such a high percentage do that I have to assume any given one does, absent specific knowledge to the contrary.<br /><br />As for Roberts...what else am I supposed to believe, given the record from ACA through Census and "no R or D judges" and FISC appointments and Title VII and DACA and on to today?Brad Crawfordhttps://www.blogger.com/profile/12279535300119367177noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-66987389266955496412020-06-25T09:03:47.298-05:002020-06-25T09:03:47.298-05:00Jonathan Turley clearly believes that the 2-1 appe...Jonathan Turley clearly believes that the 2-1 appellate court dismissal closed the door against anything further. He mentions no additional possibilities in this excellent article.<br /><br />https://www.usatoday.com/story/opinion/2020/06/24/dismissal-michael-flynn-case-result-judge-emmet-sullivans-injustice-column/3250896001/Bebenoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-80707384151916899782020-06-25T08:48:03.324-05:002020-06-25T08:48:03.324-05:00Thursday morning, from the Washington Examiner’s D...Thursday morning, from the Washington Examiner’s Daniel Chaitin:<br /><br /><i>U.S. District Judge Emmet Sullivan, who was appointed by former President Bill Clinton, issued a minute order Wednesday evening after an appeals court panel sided with the Justice Department in its effort to force the judge to allow it to drop its case against President Trump's first national security adviser.<br /Bebenoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-46437707644200217862020-06-25T07:19:30.269-05:002020-06-25T07:19:30.269-05:00I'm certain I heard Sol Wisenberg say Sullivan...I'm certain I heard Sol Wisenberg say Sullivan could request an en banc review last evening on the Laura Ingraham show. <br /><br />DJLAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-55110208105210360382020-06-25T02:22:25.437-05:002020-06-25T02:22:25.437-05:00My rule of thumb for some time has been that I alw...My rule of thumb for some time has been that I always expect resistance/ds never to give in if the option exists to keep charging ahead, no matter how "unreasonable" it may seem. So while this 2-1 ruling may be the end of it, to me that will be the surprise occurrence, not the other way around.<br /><br />(And yes, I assume all D judges to be loyal soldiers of the resistance, without Brad Crawfordhttps://www.blogger.com/profile/12279535300119367177noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-22134295875134030762020-06-24T22:20:41.631-05:002020-06-24T22:20:41.631-05:00"after which today's ruling would be fina..."after which today's ruling would be final" (unless the judges vote *for* the hearing)?<br />aNanyMousehttps://www.blogger.com/profile/14452492302514671882noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-21682685135407202132020-06-24T22:14:47.945-05:002020-06-24T22:14:47.945-05:00"a majority of the judges must vote to hear i..."a majority of the judges must vote to hear it."<br />Does anyone here know, if such a vote has a deadline, after which today's ruling would be final?aNanyMousehttps://www.blogger.com/profile/14452492302514671882noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-2964790227801137442020-06-24T20:50:43.023-05:002020-06-24T20:50:43.023-05:00One would assume Mueller's SC had knowledge an...One would assume Mueller's SC had knowledge and visibility to Strzok's "special note" re: Flynn too.AmericanCardiganhttps://www.blogger.com/profile/07905240590569993870noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-82087433489391045042020-06-24T19:57:20.353-05:002020-06-24T19:57:20.353-05:00General Flynn called into Rush's show today. ...General Flynn called into Rush's show today. Gateway Pundit flagged it as I was outside bush hogging and mowing. Flynn and Rush praise Ms. Powell as the turning point in General Flynn's case. Undoubtedly true in all respects.<br /><br />Looking forward, Flynn could play a pivotal role in Trump's reelection. Not only as the victim of Obama's vindictiveness and unlawful use of Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-55958342373003247212020-06-24T15:27:40.459-05:002020-06-24T15:27:40.459-05:00Never say never, but I tend to agree. They would h...Never say never, but I tend to agree. They would have to find something to disagree about, and claiming for the judiciary powers that have been reserved to the executive--and recently reaffirmed by no less than Ginsburg--seems a losing proposition. Rao did well in framing here decision (correctly) in those terms. The full Circuit may be full of Dems, but Sullivan's actions were truly extreme.mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-66464901806106663082020-06-24T14:45:03.491-05:002020-06-24T14:45:03.491-05:00Robert Ray just opined that the language of the or...Robert Ray just opined that the language of the order was so strong re the executive branch’s powers not being usurped by the judiciary that the entire court may not go further. Judge Rao did a great job.Bebenoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-32132232855774970622020-06-24T14:18:43.599-05:002020-06-24T14:18:43.599-05:00I’m wondering if the entire court will be so full ...I’m wondering if the entire court will be so full of anti-Trump venom (that’s what this is all about) that it will be willing to go on the judicial verison of a snipe hunt...Bebenoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-18546016294350618172020-06-24T14:18:08.855-05:002020-06-24T14:18:08.855-05:00Thanks, Tom. I like your reasoning.Thanks, Tom. I like your reasoning.mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-5793143120991907822020-06-24T14:17:16.774-05:002020-06-24T14:17:16.774-05:00No, but production might be reserved for later. Th...No, but production might be reserved for later. The reason being that dismissal of the case doesn't mean that DoJ won't be investigating what went on in the FBI and Team Mueller's handling of the case. In that situation--which I personally take pretty much for granted--Jensen would prefer to keep his cards close to the chest. We have no idea what he may have discovered.mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-50741840611142511742020-06-24T14:11:59.689-05:002020-06-24T14:11:59.689-05:00Lots of odd statements about en banc rehearings se...Lots of odd statements about en banc rehearings seem to be floating around...Rule 35 governs, and permits "a majority of circuit judges who are in regular active service..." to order an en banc rehearing (but states they are "not favored" and only to preserve uniformity with other decisions (Fokker? haha), or permits any party to file for the rehearing, but must show either Tom Bopnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-80532745741696692312020-06-24T13:50:41.633-05:002020-06-24T13:50:41.633-05:00Great point about the timing. But one clarificatio...Great point about the timing. But one clarification. It takes only 1 judge on the circuit to ask for an en banc review, but a majority of the judges must vote to hear it. If a majority won't consider an en banc review, then the panel's decision holds. JHUMhttps://www.blogger.com/profile/08165755095910184138noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-66996467463882238352020-06-24T13:43:11.655-05:002020-06-24T13:43:11.655-05:00Suppose the DC Circuit declines to hear the case e...Suppose the DC Circuit declines to hear the case en banc & Sullivan dismisses the case as ordered. Does this mean that Jensen will no longer produce additional Brady documents? And if so, would DOJ ever make them public? JHUMhttps://www.blogger.com/profile/08165755095910184138noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-13071841730188665602020-06-24T13:42:22.948-05:002020-06-24T13:42:22.948-05:00I think Barr is holding back, trying to release as...I think Barr is holding back, trying to release as little as possible because of the other investigations. But doesn't want an injustice so will keep dripping new documents until they end this. And they seem to be getting worse for Obama. I wonder what's next. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-86008616436542665492020-06-24T13:37:22.902-05:002020-06-24T13:37:22.902-05:00I'm not convinced it's a no-win situation ...I'm not convinced it's a no-win situation for the Dems.<br /><br />All they need to do is win the presidency; they have a good chance of accomplishing that.<br /><br />If they win, the spigot is turned off, all other possible revelations get deep-sixed, any remaining Flynns and Lovingers get rooted out and ruined, and they either play the conspiracy theory card or they engage in mistcrnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-47058192080145319582020-06-24T13:28:08.616-05:002020-06-24T13:28:08.616-05:00Although I respect your opinion as well as your qu...Although I respect your opinion as well as your qualifier, I think this goes en banc.<br /><br />For the Dems, this is an all hands affair. It has nothing to do with reputations. When the attackers are in the village, the women and children have to fight.mistcrnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-49545352687867794992020-06-24T13:26:01.745-05:002020-06-24T13:26:01.745-05:00First thought I had was "yeah, if it is up to...First thought I had was "yeah, if it is up to any one judge on the DC circuit, this almost certainly will see en banc review". I then had exactly the same thought as you, Marc. Curious timing on the release. These releases often come out around the time of key decisions being made in this case, with each release upping the ante and giving the judiciary the opportunity to make the right Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-66262050736152300052020-06-24T13:20:36.416-05:002020-06-24T13:20:36.416-05:00In the past, I have thought Dupree (often on Fox) ...In the past, I have thought Dupree (often on Fox) was on our side. Not so sure after seeing him twice in the last two days on this matter. As for Litman, he was clearly one of Theirs. Even snarked about the 2 judges who voted for this opinion being mavericks or somewhat out of step with the others. (My words, not his.) I didn’t like him. I didn’t like Dupree much either re his comments on Bebenoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-74376379252229895452020-06-24T13:08:37.708-05:002020-06-24T13:08:37.708-05:00I'm not an expert, nor do I know anything abou...I'm not an expert, nor do I know anything about Dupree. However, I did include Turley's views on Litman in an Update. Litman is neither unbiased nor trustworthy.mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-20960520921947377812020-06-24T13:07:27.383-05:002020-06-24T13:07:27.383-05:00"He mentioned Sullivan requesting an en banc ..."He mentioned Sullivan requesting an en banc appellate review"<br /><br />Per shipwreckedcrew, Sullivan can't ask for a revew. That's up to the appellate judges themselves.mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-53380943960473606612020-06-24T13:02:38.585-05:002020-06-24T13:02:38.585-05:00Two legal “experts” on Fox just said they believed...Two legal “experts” on Fox just said they believed this was likely. Former Deputy AG Thomas Dupree (Bush). I think the other was Harry Litman, former US attorney. Bebenoreply@blogger.com