This is absolutely surreal. – The term “en banc” as it exists in U.S. law is defined as follows:
(on bonk) French for “in the bench,” it signifies a decision by the full court of all the appeals judges in jurisdictions where there is more than one three- or four-judge panel. The larger number sit in judgment when the court feels there is a particularly significant issue at stake or when requested by one or both parties to the case and agreed to by the court.
Most people think that an “en banc” hearing will involve all judges that are a part of a given circuit court of appeals. That is not necessarily the case, however. First, any judges who are for whatever reason disqualified from hearing a case are excluded. Second, each of the various circuit courts establish their own rules for determining how many of their total judges will participate in any en banc hearings that take place.
Federal law provides that for courts with more than 15 judges, an en banc hearing may consist of “such number of members of its en banc courts as may be prescribed by rule of the court of appeals.” The DC Circuit Court of Appeals consists of 17 total judges, but 6 of those judges, appointees of Carter, Reagan and Bush 41, have taken senior status and thus do not normally participate in en banc hearings.
Here is the roster of those DC Circuit Court judges:
All phone numbers are in the 202 area code.
Today, that Court released the list of 10 of its judges who will participate in the en banc hearing in the case of General Mike Flynn:
#FLYNN Oral arguments August 11 with 20 minutes a side Flynn legal team, DOJ and Judge Sullivan. Also reveals composition “en banc” or full panel for review of dismissal + Judge Sullivan intervention @CBSNews @RobLegare pic.twitter.com/ylXtjPFirq
— Catherine Herridge (@CBS_Herridge) August 5, 2020
Here is a listing of those judges along with the President who appointed them:
Srinivasian – Obama
Rogers – Clinton
Henderson – Bush 41
Tatel – Clinton
Garland – Clinton
Griffith – Bush 43
Millett – Obama
Pillard – Obama
Wilkins – Obama
Rao – Trump
Judge Katsas, a Trump appointee, has recused himself from this hearing, presumably for some conflict.
For those keeping score at home, that amounts to 7 judges appointed by either Obama or Clinton compared to just 3 appointed by Republican presidents.
We all know how those 7 Obama/Clinton judges are going to rule, don’t we? Of course we do.
Thus, the fix is in. Sidney Powell might as well not bother to even show up for arguments when this kangaroo court hearing convenes on August 11. She should focus on preparing an appeal to the U.S. Supreme Court. In the meantime, the Deep State advances towards its goal of delaying the final disposition of this case – in which the DOJ moved to dismiss more two months ago – until after the November election has come and gone.
It’s almost enough to make you want to take up arms and march on Washington, isn’t it?
That is all.
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