Sponsored Content




Intermarkets' Privacy Policy
Support


Donate to Ace of Spades HQ!



Recent Entries
Absent Friends
Bandersnatch 2024
GnuBreed 2024
Captain Hate 2023
moon_over_vermont 2023
westminsterdogshow 2023
Ann Wilson(Empire1) 2022
Dave In Texas 2022
Jesse in D.C. 2022
OregonMuse 2022
redc1c4 2021
Tami 2021
Chavez the Hugo 2020
Ibguy 2020
Rickl 2019
Joffen 2014
AoSHQ Writers Group
A site for members of the Horde to post their stories seeking beta readers, editing help, brainstorming, and story ideas. Also to share links to potential publishing outlets, writing help sites, and videos posting tips to get published. Contact OrangeEnt for info:
maildrop62 at proton dot me
Cutting The Cord And Email Security
Moron Meet-Ups

NoVaMoMe 2024: 06/08/2024
Arlington, VA
Details to follow


Texas MoMe 2024: 10/18/2024-10/19/2024 Corsicana,TX
Contact Ben Had for info





















« Convicted Terrorist Susan Rosenberg Raising Funds for "Marxist" Black Lives Matter | Main | Well This Is A Nice Idea! And Leftist Heads Would Explode! »
July 10, 2020

A Short Tutorial On The General Flynn Case Procedures [AlexTheChick]

A primer on just what is going on right now from a procedural posture in the Flynn case. Please note that this is just that, a primer, and thus significant amounts of nuance will be left out. As will the profanity I used while typing this.

Cast of characters: Department of Justice – the prosecutor. Flynn – the defendant. Sullivan – the judge. DC Circuit – the circuit court (appellate court) that oversees Sullivan’s district.

Flynn filed a writ of mandamus (do the thing) which the DC Circuit granted. That decision was made by a three judge panel. Three judge panels are how matters are heard initially on the appellate level with some very limited exceptions.

Yesterday, Sullivan asked for a rehearing en banc. That means the entire panel hears it. Requests for en banc are a possible step in the appellate process. En banc is generally denied but it is not uncommon for en banc to be requested. Why is it requested? Because that gives the entire circuit the chance to issue a ruling and thus make clear that this is what the circuit holds, not just three judges.

Today, the DC Circuit issued an order on its own motion (sua sponte) ordering Flynn to file a response to Sullivan’s petition. In other words, the court wants to hear from Flynn directly why en banc should be denied. The DOJ may also file a response, though that is not mandatory. Flynn’s response is mandatory. Sullivan has been prohibited from filing a reply to that.

The ten day time limit is the normal time period for responses. The word limit is a bit unusual but not overly so. The stay is completely routine. Since the court wants briefing, the court will stay until briefing is done.
Despite the unique factual circumstances at issue, the procedural matters are standard. Order entered, en banc requested, reply requested, order stayed. That’s how the procedure goes.

Stop reading into matters being filed at deadline. Everyone does that. Stop reading into the court requesting a reply. That’s routine. Stop even attempting to figure out how votes will go because of the stay. That’s pretty much required.

As to how is Sullivan a party in this? Because the writ is directed to him. His actions are at issue and thus he is the actual party at interest.

Welcome to the insane world of the Federal Rules of Appellate Procedure.


digg this
posted by Open Blogger at 05:30 PM

| Access Comments




Recent Comments
Wolfus Aurelius, Dreaming of Elsewhere [/i] [/b]: "Morning, insomaniacals! I actually slept about en ..."

Braenyard: "Stefanie Lambert, an election integrity attorney w ..."

Epobirs: "The offending file(s) will usually make itself obv ..."

Epobirs: "Max Gail (Wojo) is apparently still around. He has ..."

Braenyard: "I don't mind renaming a file but going through 50 ..."

Epobirs: "New Tricks was more a more conventional police pro ..."

Epobirs: "I've usually gotten around the problem by copying ..."

Jim[/i][/b][/s][/u]: "New Tricks was the Brit version of Barney Miller, ..."

irongrampa: "Sitting here listening to music, mostly oldies tha ..."

publius, Rascally Mr. Miley (w6EFb): ">> says you have 3 files with names too long for ..."

Epobirs: "New Tricks was on a lot longer than that. 2003-201 ..."

Braenyard: "Those 4bbl Holley's are light on the gas if you're ..."

Recent Entries
Search


Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64