Appeals Court Asks Whether Flynn Judge Should Recuse Himself, Order IndicatesEpoch Times, Aug 5, 2020
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.
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The order underlines Sullivan’s catch-22 situation, both Flynn and the Department of Justice (DOJ) noted in their written responses to his petition.
Only people with a “personal stake†in the proceedings can seek appellate review, the DOJ wrote in its July 20 response.
“A judge does not have—and under the [Constitution’s] Due Process Clause, cannot have—such a stake,†the department stated.
Flynn’s lawyers noted in his response that if Sullivan indeed has a personal stake in the case, it would disqualify him as its judge.
More:
https://www.theepochtimes.com/appeals-court-asks-whether-flynn-judge-should-recuse-himself-order-indicates_3451607.html