Thursday, July 9, 2020

Judge Sullivan Requests Rehearing En Banc in Flynn Case

The Flynn case has proved to be interesting, with first a guilty plea by Flynn, and then the government trying to dismiss the case.  Prior posts are here, here, here, here, here, here, here, and here.   The latest is that Judge Emmet G. Sullivan has filed a Petition for Rehearing En Banc.  The issues include that "the panel opinion conflicts with the Supreme Court's Decision in Rinaldi v. United States," and that it "conflicts with this Court's mandamus precedents."  This could prove some interesting legal questions for the full DC Circuit Court of Appeals to hear.  Full brief available here (law.com)

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https://lawprofessors.typepad.com/whitecollarcrime_blog/2020/07/judge-sullivan-requests-rehearing-en-banc-in-flynn-case.html

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