An Interesting Question


Here’s an order from the Court of Appeals for the DC Circuit in the Flynn case—(H/T, @AaronWorthing, @Techno_Fog)

28 USC § 455 deals with the disqualification of judges, and § 455(b)(5)(i) requires a judge to be disqualified when he “[i]s a party to the proceeding[.]”

Is the appeals court considering removing Judge Sullivan from the case because he took the unusual step of hiring counsel and filing a brief opposing Michael Flynn’s petition for a writ of mandamus? In doing so, did he make himself a party in the case?

Stay tuned.

 

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