Appeals court wants to know if Flynn Judge should recuse himself

Epoch Times:

The U.S. Court of Appeals for the District of Columbia Circuit has ordered former Trump adviser Lt. Gen. Michael Flynn as well as the judge presiding over his case to prepare arguments on whether the judge should recuse himself for partiality or for becoming a party to the case.

The order highlights the anomalous state of the case. Both Flynn and the prosecutors nearly three months ago agreed that the criminal “information” against him—allegedly lying to the FBI—should be dismissed. But District Judge Emmet Sullivan refuses to do so.

The appeals court’s three-judge panel ordered Sullivan to accept the case dismissal in June, but he appealed for a rehearing before the full court of 11 judges.

The appeals court vacated the three-judge order on July 30 and set a hearing for Aug. 11.

In its subsequent order on Aug. 5, the court told Flynn and Sullivan to “be prepared to address at oral argument the effect, if any, of 28 U.S.C. Sections 455(a) and 455(b)(5)(i) on” Sullivan’s petition for rehearing.

The parts of the statute listed by the court stated that a judge “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned” and also when he “is a party to the proceeding.”

The order underlines Sullivan’s catch-22 situation, both Flynn and the Department of Justice (DOJ) noted in their written responses to his petition.
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Sullivan has a problem because of some of the statements he made in a previews hearings which suggest he has engaged in ex party contact that indicate a prejudice towards Flynn.  He appears to have bought into the Russian collusion hoax despite the lack of any evidence to support it.

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