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July 10, 2020

DC Circuit Court Stays Decision for Ten Days to Allow Sydney Powell to File Response


Does this mean the court voted in favor of the en banc hearing, or just to receive motions so that they can decide whether to proceed to an en banc hearing?

I dunno.

See below.

Update: Let me explain an en banc rehearing.

The circuit courts of appeals consist of a bunch of judges. For the DC circuit, it's 11.

But 11 judges do not hear one case. Instead, there's a random draw, and three judges are assigned to hear it.

Flynn won his hearing before a three judge panel, 2-1.

You can also request an en banc hearing, which is a hearing by all of the active judges (11 here), not just the three you were randomly assigned. It's basically an appeal, but not to a higher court, but the full sitting court.

I think that's what en banc really means -- "on the bench." Like, all of the judges on the bench in this case.

Granting a request for an en banc hearing is rare, but it happens.

It's possible that -- if you can believe this -- this "reporter" doesn't know what the fuck he's talking about, and is just tossing out lingo and jargon to sound smart.


This does not appear to be ruling that the court will reconsider the matter en banc. Rather, it seems to mean that they will accept briefs from Sydney Powell and the DOJ arguing against Sullivan's demand for an en banc rehearing.

In other words, the court didn't necessarily vote to have an en banc rehearing, but only to hold a hearing deciding about whether to vote for an en banc rehearing.

Update: That's what alex the chick says happened.

En banc has not been issued. Flynn has been given 10 days to respond to the petition requesting en banc. The order is stayed during that time. Posted by: alexthechick - Boobs and hysteria at July 10, 2020 01:51 PM (GbPPJ)

Furthermore, this doesn't necessarily require the six votes (out of 11 active judges) required for an en banc hearing. RedState's "shipwreckedcrew" thinks that this only requires that one judge vote for a stay.

So don't assume there's a majority already available to overrule.

But he's not certain. Neither am I, obviously.

digg this
posted by Ace at 02:09 PM

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