Flynn's Clink Time -- A New Peril?: Judge Sullivan's Amici Granted Full En Banc Rehearing, On August 11.

Michael Flynn should feel a decidedly pronounced tightening -- around his collar, this afternoon, in the DC Circuit Court of Appeals. [Confidential, to the old Oregonian: it seems you were. . . wrong. Here's the backgrounder, to this.]

And just as I predicted, yes Lady Liberty -- her torch is burning slightly brighter, going into this fine summer evening. Ex-Gen. Michael Flynn may not yet be out of the woods. Of course, Trump can pardon/commute him too (and risk a second indictment in early 2021, for obstruction of justice).

But let's not get ahead of ourselves. For now, it will make for a good live oral argument audio event -- come August 11, thus:

. . . .PER CURIAM ORDER, En Banc, [1854249] filed that this case be reheard by the court sitting en banc.

It is FURTHER ORDERED that the court’s order filed June 24, 2020, be vacated [1848722-3]. It is FURTHER ORDERED that oral argument before the en banc court be heard at 9:30 a.m. on Tuesday, August 11, 2020.

The parties should be prepared to address whether there are “no other adequate means to attain the relief” desired. Cheney v. U.S. Dist. Court for D.C., 542 U.S. 367, 380 (2004).

A separate order will issue regarding the allocation of oral argument time, scheduling oral argument on Tuesday, 08/11/2020.

Before Judges: Srinivasan, Henderson, Rogers, Tatel, Garland, Griffith, Millett, Pillard, Wilkins, Katsas* and Rao. [20-5143] (Circuit Judge Katsas did not participate in this matter) [Entered: 07/30/2020 12:08 PM]. . . .

Onward -- but to be clear, that bit about "no other adequate means", I bolded above, is a broad hint that the court here thinks mandamus should not have been granted by the three judge panel. T'was clearly. . . premature mandamus-ing. . . grinning. Ever, grinning!

नमस्ते