NOW: En banc oral arguments underway on Michael Flynn case at DC Circuit. Judge Henderson, who unexpectedly joined Judge Rao in ruling in Flynn's favor in June, has no questions for Flynn's lawyers when she is offered chance to ask
Tatel makes point we've noted before at POLITICO: DC Circuit always has right to take up a case en banc, whether or not someone asks them to. And they can declare that request moot and say they're acting "sua sponte"
Flynn looks to be in trouble at en banc court given that Griffith, the only GOP appointee on the bench who hasn't already ruled on the case, sounds hostile to Powell's position
Acting solicitor general Wall tells DC Circuit it may be appropriate to order Sullivan recused from the case. Wall: 'I do think that we have reluctant come to the view that there is now at least a question about appearance of impartiality.'
Wall seems to understand government is losing here, as does Rao
