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After a quick scan of the DC Circuit opinion on the Flynn case, three quick thoughts:
(1) I am confident the majority view on this panel does not represent the majority view on the DC Circuit, which greatly disfavors granting mandamus relief.
(1) I am confident the majority view on this panel does not represent the majority view on the DC Circuit, which greatly disfavors granting mandamus relief.
(2) I am not confident, however, that the full Court will hear the matter (though it certainly may), as the DC Circuit also greatly disfavors en banc review.
(3) I do expect Judge Sullivan to put the matter quickly before the full court, as he has little reason not to and his ability to manage his case is being challenged here by the defendant, the Justice Department, and the panel majority.
(4) Look for a quick move for a stay and an appeal en banc.
Ok, yeah, that’s four quick thoughts....
And here’s a fifth: yes, the full court can review the matter on its own motion, that is, without a move from Judge Sullivan. But I don’t think that will likely be necessary, as I can think of no reason why Judge Sullivan wouldn’t seek en banc review of this ruling.
