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To: D. Long who wrote (715670)5/21/2020 7:10:32 PM
From: carranza2  Respond to of 794371
 
There are things judges know extra-judicially (I know a couple fairly well). They gossip like fishwives. If Sullivan’s slipping, they’ll know it.

The order relates to Fokkers only, not to the motion to recuse.



To: D. Long who wrote (715670)5/21/2020 8:07:27 PM
From: carranza24 Recommendations

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  Read Replies (1) | Respond to of 794371
 
I’ve been reading tea-leaf commentary by an appellate rules expert that makes me feel better. The federal appellate rules allow the Court of Appeals to order the trial court to appear through amici to explain his position or it can order the judge to do so himself. Here, Sullivan was ordered to do so himself, which is kind of humiliating.

Citing Fokkers and making Sullivan prepare his response himself suggests Flynn might be in good shape.