[freedomlover]

Now come the herd of TV lawyers pointing out the district judge’s options for delay or appeal.
The obvious option shall be not so obvious to them.

[circlecity]

How can a judge file an appeal in a case he is not party to, that he is supposedly presiding over and none of the parties are seeking appeal?

[Tunehead54]

Now come the herd of TV lawyers pointing out the district judge’s options for delay or appeal.

---

Naw - he's done. A judge is bound by his district's court of appeal.

"Because of that, “we grant the petition for mandamus in part and

order the district court to grant the government’s Rule 48(a) motion to dismiss the charges against Flynn,”

the court said."

[ETCM]

Judge Sullivan seems incredibly fixated on Flynn, and considering his previous attacks on Flynn and his obsessive persecution of the man, I would not be surprised to see him continue his vendetta.

Sullivan doesn’t actually have to do anything, and can still win this. Judge Wilkins, the dissenting judge, or any other active judge on the DC Circuit can sua sponte request en banc review. If en banc is granted, Sullivan pretty much wins, even if he loses. The case would be tied up, effectively until the election. The en banc review would likely reverse the panel, forcing Trump to pardon Flynn.

At this point, I think the only likely options are to follow the order or seek en banc review. No way this goes to SCOTUS.