RedState: A VERY significant development has just happened today with regard to the upcoming oral argument in the en banc hearing on the Petition for Writ of Mandamus, set to take place next Tuesday, August 11, 2020.
When the Circuit Court issued the Order last week that the Court would rehear the matter en banc, the Order referenced only one issue that was to be addressed, whether “mandamus” relief was the only remedy available to Gen. Flynn and that there was no other remedy available by which he could obtain the relief he sought. That reference addressed the one significant weakness in the Flynn Petition for Mandamus, and the decision of the three-judge panel granting the petition and “mandating” to Judge Sullivan that he grant the D.O.J. motion to dismiss the case.
In the original petition filed by Gen. Flynn, his counsel had sought as one ground of relief if the case were sent back to the District Court for further proceedings, that the case be reassigned to another district court judge due to Judge Sullivan’s conduct, arguing that his conduct was such that his “impartiality might reasonably be questioned,” pursuant to 28 U.S.C. Sec. 455.
In supporting Gen. Flynn’s petition, D.O.J. did not join in the request to have the case reassigned to another district court judge. At the oral argument before the three-judge panel, none of the attorneys who argued the case raised the issue, and the Panel decision did not address the question in a meaningful fashion other than to deny that relief — it was not necessary since the Panel decision ordered Judge Sullivan to grant the pending motion. more here