DC Circuit Is Concerned Over Flynn Judge’s Bias

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John M. Reeves
@reeveslawstl
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)


John M. Reeves
@reeveslawstl
Replying to @reeveslawstl
4) Section 455(a) declares, "Any...judge...shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned."


John M. Reeves
@reeveslawstl
Replying to @reeveslawstl
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."


John M. Reeves
@reeveslawstl
·
Aug 5, 2020
Replying to @reeveslawstl
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.

Techno Fog
@Techno_Fog
Flynn update -

DC Court of Appeals requests the parties be prepared to address at oral argument:

1) Whether Judge Sullivan should disqualify himself for perceived impartiality; and

2) If Sullivan should disqualify himself as a party to the proceeding.

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