BREAKING re: Flynn en banc
1) The DC Circuit just entered the attached order regarding the Flynn en banc oral argument. It shows at least some of the judges are concerned that Judge Sullivan has become biased, and needs to disqualify himself. (cont) https://drive.google.com/file/d/1CKdyag-RhjQvtMuirc1KapD_pO3XTH43/view?usp=sharing

2) The relevant part of the order declares that the parties shall address "the effect, if any, of 28 USC 455(a) and 455(b)(5)(i) on the District Court judge's Fed. R.. App. P. 35(b) petition for en banc review. https://drive.google.com/file/d/1CKdyag-RhjQvtMuirc1KapD_pO3XTH43/view?usp=sharing

3) Below is a link to Section 455, with the relevant portions highlighted. (cont) https://drive.google.com/file/d/1CKjkMjmkrNSc_PKrDAaxWpUDLqscB6wE/view?usp=sharing

4) Section 455(a) declares, "Any...judge...shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." https://drive.google.com/file/d/1CKjkMjmkrNSc_PKrDAaxWpUDLqscB6wE/view?usp=sharing

5) Section 455(b)(5)(i), in turn, declares that a judge must also disqualify himself if he "[i]s a party to the proceeding, or an officer, director, or trustee of a party." https://drive.google.com/file/d/1CKjkMjmkrNSc_PKrDAaxWpUDLqscB6wE/view?usp=sharing

6) This indicates that the DC Circuit is concered that by petitioning for en banc review, Judge Sullivan has rendered himself a party to the case, and has thus disqualified himself from further overseeing the district court proceedings.

7) As I've said before, this promises to be anything but dull....