Thread by @DenbrotS

Appeals court orders federal judge to respond to Michael Flynn’s request to get his conviction dismissed

The brief order Thursday from the D.C. Circuit came from Judges Karen LeCraft Henderson, Robert Wilkins and Neomi Rao

Judge Sullivan shall respond

washingtonpost.com/local/legal-is…

Michael Flynn case now set to linger in court into July as he appeals for dismissal

The move by Flynn to go to the appeals court is..unusual..could annoy Sullivan by challenging his authority.

..appeals ct will weigh [its] authority..high bar for Flynn

cnn.com/2020/05/19/pol…

Flynn’s Forum Shopping challenging Judge Sullivan’s order reviewing DOJ’s motion to drop prosecution of Flynn may succeed.

3 judge D.C. Circuit Ct panel is 2-1 conservative vs liberal. Highly accomplished, academic panel Judges Henderson (Reagan), Wilkins (Obama) Rao (Trump).

Re: Flynn’s Challenge To Judge Sullivan’s Authority
Judge Robert Wilkins is strong on the Rule Of Law & likely to question Barr’s rogue rampage.
Judge Naomi Rao was Clarence Thomas’s law clerk, Federalist society replacement for Kavanaugh, who voted against subpoena for McGahn.

Flynn’s Challenge To Judge Sullivan’s Authority
Judge Karen Henderson, Reagan appointee, is conservative, who voted against enforcement of Congress’s subpoena of Thomas McGahn.
But, Judge Henderson may not like the challenge to Judge Sullivan without going through the process.