TUNE IN: Big Development in Flynn Case

Breaking news today on Jay Sekulow live Flynn judge, Judge Sullivan as he made himself a party to the case and thus will the pool en banc panel of the Court of Appeals in DC or sit to remove himself from the case will talk about today. Explain all that Jay Sekulow live live from Washington DC Jay Sekulow online phone lines are open for your questions right now called one 806 843-110-1800 68412, and now your post below. Jay Sekulow live is secular. We are to hear phone calls 100 684 31 to the data in an interesting turn of events that we had the full court of appeals in DC decided they would hear Judge Sullivan's appeal. That's it for. I will report that axis is key to what's coming next. They would hear Judge Sullivan's appeal of the three-judge panel saying he was wrong and did not have the authority to disregard the Department of Justice a decision to drop the case and seconds he was wrong to appoint an outside counsel to come and argue against the Department of Justice so that the en banc. The hope is 10 judges because 100 years himself was going to hear this and it's it's it's coming up August 11 for oral argument.

Well, they just released yesterday afternoon late afternoon to new items they want briefed and argued in the in the case in these two new items are all about whether Judge Sullivan not should. I guess be refused, but actually should he be removed by the Court of Appeals yet, so we actually have an order here and this is what's so interesting about this. There's an order that's been entered, and the order says that in addition to the issues set forth in the court order, the parties should be prepared to address oral arguments. The effects of and then what you get into is the effect of the judge being disqualified under section 4 5628 USC code section 455 disqualification of justice judge or magistrate agenda.

Any judge just as a magistrate shall disqualify himself in a proceeding which impartiality might be reasonably question and ended the reason like the Court of Appeals is reasonably questioning this because what they're saying is okay is a party litigant project as a matter fact if you go down that road back in bed that a judge or magistrate of the United States and shall be disqualified if he is a and I quote party to the proceeding. Will you think Judge Sullivan is but a party to the proceeding he has petitioned the court to intervene in the action. He didn't like the decision of the three-judge panel and now is coming back again thing I want the whole court. So he has become not only is his impartiality reasonably questionable. Now he has become a party to the proceeding and should be out of the case, by statute, makes very clear the US code so is 28 US the US code section 455 continues on the disqualification of justice judge or magistrate access. Section 5 adjusted to explain what they mean he or his spouse or a person within the 3rd° of a relationship to either of them or the spouse of such a person is a party to the proceeding or an officer, director or trustee of a party. He shall also disqualify himself in the following circumstances. Judge Sullivan certainly meets the category of being now a party to the proceeding he is the one that appealed this look he's made himself a party to the proceeding. Let's be clear.

It was his actions that made him a party to these proceedings.

I have said that this from the beginning I talked about this from the beginning. How in the world can this judge be the determining boat if you will. The determining decider of fact and law on general Flynn's case, once the Department of Justice said this case should be dismissed not the answer to the event motion to dismiss granted.

End of story. Instead, what happens a judge decides to become a litigant is 87. Jordan said they can't do that no they can't vote will take your phone calls. This 100-684-3110 is always, we encourage you go to ACLJ.org. August also matching challenge month, double the impact your donation.

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We are take your phone calls, one 800-6831 two that's 100-6431 10. This is an unreal situation so you have yesterday what you just wasn't looking good actually for deferred general Flynn because the metal was as much more limited leaning they decided even the fact they decided to hear the three-judge panel and to hear it. En banc meant that there were those who thought the three-judge panel was wrong but now the throne. Judge Sullivan, a curveball, to say the least, dead by by saying that it's further ordered and this was just last night that on August 11 so were talking about five days from now, that in addition to the issues set forth in the original order on July 30, the parties be prepared to address an oral argument to get a brief adjusted oral argument, the effect, if any of this section 28 USC section 455 disqualification of judges and it talks about when judges should be disqualified and section 5 of that says when a judge or his spouse or person within the 3rd° of relationship to either of them or the spouse of such a person is a party to a proceeding in right there because he that evenly it is not 1/3 party think he is a spouse in his hip while Judge Sullivan is the party to the proceeding he is disqualified out of rehab. It will do in the order that was shown on TV with the order up on television right now would read to our audience that soliciting by radio so this is the order setting forth the oral argument and it says it is on the courts of motion ordered that the following times are allotted for the en banc oral argument of this case scheduled for August 11, 2020 9:30 AM petitioner Michael T.

Flynn, his lawyer can argue for 20 minutes. US Department of Justice.

Their lawyers can argue for 20 minutes. Hon. Emmett Sullivan's lawyer can argue for 20 minutes and then of course I say and we also want to permit the court wants filings as it relates to disqualification and he is gorgeous pointed out the provisions of the disqualification code.

Talk about a pure party that you're out as the judge they course is a party the Court of Appeals on order says it that polluted her look to instances in which the Court of Appeals wants argument if the judge's impartiality might be question and very clearly if he is a party to the proceeding or she is a party to the proceeding under those cases, they may not sit in judgment on a case.

Judge Sullivan has become an interview nor a party, a petitioner column. What you will, in the broad general sense of the term is a party to the Sullivan case in the District Court and as such he cannot sit in judgment on judge on general plan whatsoever. The statute is just abundantly clear and finally the DC circuit has woken up and has seen the reality of this and says wait a minute, let's talk about your impartiality and your inability to serve because you are party to the proceeding and they've been very kind to Judge Sullivan.

Up to this point.

But now they've gone to the heart of it, you know what I would do.

I would on Friday it tomorrow issue an order and I would simply say that the order setting down the automatic oral argument is vacated. The petition is the Department of Justice is granted. Judge Sullivan dismissed this case and say face.

I think that's exactly right. And I think you sent it to another judge. That judge has pending before him, then the motion to dismiss, signed by both the plaintiff. The government is prosecutor and the defendant general Flynn and you grant as the law requires. The motion is granted, there's a Supreme Court precedent was a 9 to 0 decision.

It was by Justice Ruth Bader Ginsburg and it was right on point. It said the they cannot become a litigant so that I sent this case to be over with Mandy. I think the best thing to happen here would be for this to happen immediately, immediately and in this could happen that quickly and this could happen. August 11 is right around the corner if it even makes it to that point. That is, there is I am sure there's people wondering out there when Judge Sullivan's team saw this. Do you think he's considering dropping this without going into oral argument this point because it said they're basically saying that calling him a party here. Yes, and they're saying that if your party or disqualified guy think the judges should do the writing. Judge Sullivan is taking this too far with no disrespect to the court. I just want to say this jet Sullivan to the right thing here the right thing is enough, you're not the prosecutor should be appealing. This is unprecedented in US history that a judge is appealing in order of the Court of Appeals and is decided that he is to be the prosecutor, not the department justice is usurping his authority and is impacting article 2. That's where the President's authority arises, the executive branch of government, judicial, article 3 legislative article 12 is the executive that's the President that's the that's how that works, and this idea that he can come in and just simply take over and become the prosecutor because he doesn't like what the prosecution's done. That's not the way it works and I think would be. I hope what the it sounds like to me what is being signaled here by the full en banc panel of the Court of Appeals is this is a good be tolerated from training take your phone calls 164 3110 at 2000 684-3110 will will Mike Flynn finally get the justice he is so long dessert should never even happened to him and and what recourse ultimately them. If this comes down where a judge gets disqualified and the Department of Justice admitted there was wrongdoing.

He should never happen. Can he be made whole. I think he is the right to did potential civil litigation is it cost him millions at all.

Yeah customs house that's going decision that he was a got a great lawyer and Cindy Powell that have no make that determination. I think first.

One thing you must was get rid of this criminal exposure and then if there's a civil case or bring a civil case right now our job one for them is get rid of the civil by the criminal exposure and the liberty interests that are involved in. That should say no.

I think the center is a big single coming from the court of the en banc panel record appeals here. It's not every judge because is it adorns that a judge has disqualified.

That's Katz's yeah so again I mean this is this is you got a 10 judge panel at this en banc panel left-leaning but this is kind of opened the door a lot of thought this might go all the way to the Supreme Court because of that 10 judge panel into being left-leaning at, but now with this idea.

I mean there calling him a party in the order.

He's not listed. Some he's listed as a party he gets time for his attorneys to get time to make oral argument. That alone should mean that why are they even why do you even need to, but have oral argument on that issue because I think that the en banc panel could could order to do this on their own, they could just say you know what just because you are party you're violating this code you're out that's what he reassigned Andy that's that's right would be if it Judge Sullivan's out is not like is no judge to hear the case. Now that I got Jessica technically order a dismissal Court of Appeals.

If not, it goes back to a a different judge to go back to a different judge but to but my my feeling is that the en banc panel.

The en banc court. That is all.

The judge in active service of the court, except that Katz's recused himself could say right now. Look, we have sent you a clear signal. Judge Sullivan you. Your impartiality is question you are party to this case. Do the right thing back off either go back to your court in the district in the District of Columbia & that order dismissing this case or recused yourself, or we will recused herself for you and we will appoint another District Judge to follow the mandate of the Court of Appeals, and that is to dismiss the Sullivan case you can't be the judge and the jury at and the prosecutor at the same time and with Sullivan do the right thing. This is a clear signal to him to wake up and do the right thing. I hope it doesn't go the oral argument bid should reserve the reason I think it probably does is they reserve the issue of this said 28 USC 455 issue for the oral arguments that he wanted addressed at oral argument. They're not asking for to be brief before which means somebody has decided right group of judges have decided that this disqualification issue is the is kind of condition precedent for this case can even move forward. I think that's really where this is a mess were starting to look to me having so I order taker because you can about 164 3110 on Facebook at least eroding, no jet Sullivan is shown over and over that he is impartial judge in this case. Now that they've gone they move past it impartiality because that is at issue here, but now they're looking to see what just now that he's become so impartial that he became a party himself was handling the definition of impartiality, think on it when you're different party with opposing side, yeah, I think.

Yes, he's that he's no longer a judge, you think litigant he gets oral argument time he's disqualified. When you say that I capably were sent out, but I can't even believe the en banc panel once they realize that this would apply is even making them do it oral argument over they should just disqualify them on their own. I think they have power to do this, of course, that I think they can because I think that they could order set aside yeah yeah so again, keep explaining this. Keep keep answer your question, call the company in 1-800-684-3110. Ultimately here seeking justice for Mike Flynn was the first one targeted. Remember this whole folks which I of a rush investigation defeat after defeat only one.

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Forgive today online ACLJ Jay Sekulow take a couple of phone calls coming in because people have a lot of questions.

This is very unusual. Let me go around just dark quick panel really quickly got served Andy any kind is been a US attorney's is been a prosecutor been a defense attorney's presence. Impeachment yoked at team and so both sides of the day on that in hailing the mullah report all that so and and still is to this day I sometimes brought in by localities to prosecute cases so he understands both sides of dealing with judges from, whether you're on the prosecution cited inside.

Andy, this order that the first time went with the en banc panel order came out I was, not I do not feel great about it because I knew this would delay, but ultimately I believe will be Mike Flynn getting the justice he deserves.

I thought it would then take the Supreme Court so be like another six months or year. But then I saw this new order yesterday afternoon after we were off the air. I've never seen anything like it, but at the same time it gives me some hope that maybe justice is covering for Mike Flynn a little bit sooner. Gordon somebody on that court woke up and said wait a minute, why are we looking at this case when the statute of the United States code, title 28, which is the judicial code say very clearly that a J John or a Justice or a magistrate shall not may count disqualify himself in any proceeding in which he is a party to that proceeding. In other words, you can't be a judge and a party at the same time and they woke up and amended their order and that at all. Argument we want you litigant you parties that include you judge Sullivan to address why you shouldn't be removed from this case or order to dismiss the claim law criminal proceeding because you are a party to the case and that was the signal for him. Wake up Jack Sullivan back off the courtroom and do what we tell you to do. Actually I think it's a step further and I think it's good to be if they do the right thing at the en banc panel does the least thinking about it the right thing to do is to say, hey jet Sullivan your partier out of the case. Now if they want a quick resolution of this they could say is you know what the Court of Appeals was correct.

We are going to affirm the Court of Appeals and the judge is disqualified because if they affirmed the Court of Appeals it with the mandate would still go down to judge Sullivan, who would then have to implement the mandate of the Court of Appeals that mandate being the dismissal of the case is with the three-judge panel said there would be concerned that Judge Sullivan would still not abide by that I might try some other legal maneuver. So that's why you can affirm the DC panel three-judge panel say the entry of dismissal must be made disqualify Judge Sullivan and get it to a judge, it's gonna follow the law in the in the deceased God District Court.

But let's let's take some photos, 164 3110 on answer people's question Paul in Wyoming on line 1 Paul Walker Jay Sekulow live.

Thank you for taking my call. My question don't you think that judge Sullivan is taking the case all the way up to November 4 election because that's what I see and I think that you guys are arguing the case like it should be in you guys are telling the truth and I appreciate that. Thank you for taking my call.

I received call yet. Yes, I think, listen, judge Sullivan has shown extreme bias in this case, if you go back to even when he recalled Mike Flynn like a trader. I mean this is a three star general and and now we know that the FBI did everything he was lying. He was setting up and he was try to protect his kid, so to complete because it is that FBI was threatened by first family and he'd Artie paid millions of dollars to a law firm. They did let me just say won't name them did not represent him very well.

But then he got Cindy Powell and suddenly Judge Sullivan got a little more nervous and then Atty. Gen. bar and the Department of Justice had a career US attorney sort of been the department justice and FBI review this and say you know what we were completely wrong with even bringing a charge. There was nothing to charge him with. We were wrong.

We need to file the motion to have this case this this stopped and judge Sullivan showed his extreme bias against general Flynn and Pres. Trump and I think all Republicans and conservatives and now a liberal en banc panel en banc panel of the DC court federal Court of Appeals is is is calling him a party to the case and then get a foursome to argue that if your party because you got attorney here arguing for you that by the way, there's this code. It's a federal code section 455 28 USC 455 disqualification of judges. He or person with a relationship to him should be disqualified if he judge Sullivan insert his name. There is a party to the proceeding. There is right there. Look at the order again put up on the screen guys share this on Facebook and periscope so people could see it in the order you will see the parties to the case there's petitioner Mike Flynn is the Department of Justice there's audible that's judge Sullivan there, each getting 20 minutes of oral argument and their order to prepare to address the issue of disqualification, the issue of disqualification is because if your party or related to a party. He is listed as a party before they even get to that part of the order.

To me, you could just take this and he should be disqualified was because not sure why they even need to have an oral argument over disqualification. They just made the case, the judges themselves. By the will just make the case with the order because the order as Gordon says, list the three parties that can participate in the oral argument in those three parties are Michael Flynn department justice in this and the judge Andy.

I don't see any way in which 455 does not apply and this judge has to be disqualified. The question is should date affirm the DC panel which says enter dismissal disqualify the judge said the case back to another judge to enter the Lord because somebody's have to enter the order in the District Court.

That's what's going to happen, happen, you would be the proper procedure review of the three-judge panel dismiss the petitioner's rehearing en banc remand the case to the District Court and you could do two things that you could either tell judge Sullivan follow our instructions and dismissed this case or if you won't work on a have been assigned to another district judge is going to do what the Court of Appeals says you're supposed to do those of the alternatives, but they've given him an out. They have signaled to him judge Sullivan you've overdone it. You've got your heels and you W given deference to you because you're the oldest serving judge on the DC circuit. We've been nice to you. We call you honorable when you're 72 years all you've been on the court. 20 years wake up and do the right thing, give us the opportunity to save your face for you and dismissed this case whether he will wake up to that before August 11. I don't know got a Lotta folks watch on Facebook and periscope. Let me encourage you if you watch a Facebook periscope share this know your friends and family are of six as he watched hundreds of thousands not a million listing on radio right now as well her to go to ACLJ.org as well get a lot talk about coming up more of your calls take in the second half hour gives call one 864 31 support the work ACLJ and ACLJ.org building at the American Center for Law and Justice were engaged in critical issues at home and abroad for limited time you can participate in the ACLJ matching challenge for every dollar you donate, it will be matched $10 gift becomes $20, $50 gift becomes 100 could make a difference in the work you do protecting the constitutional and religious freedoms most important to you and your family. Give a gift today online LJ live from Washington DC Jay Sekulow and secular Jay Sekulow like this Jordan secular.

We are take your phone calls at one 800-6831 10. You might see a what is that you where you at the back of my visit I voted.

It's primary day adhere where we live, and so I know identity. You will note where the little light where the little badge is a little effort is turning the biggest house, so excited for people out there because I think it before he gets back to this issue to because this could be a huge issue.

Some people don't have another primary until the general election set since a lot of the covert restrictions within his interest.

So it's changed a lot since the last primaries were like the beers into ones and there's those are mostly Democrats, as were cut up recoated did have those kind of rules to restrict what was it like so Pam and I went your mother and I went and earlier this morning and I wasn't jammed because I got now you don't have just 1 Polling Pl. yet it what they've done in our county, which I think is really smart is give you the option of about 10 so that spreads it out and you don't get everybody's wearing a mask. Everybody was where the borders wearing a mask and a glove. They gave you a stylus that was just for you to use you filled out the forms took the stylus went and never touch the screen with your hand. Use the stylus at the end when it was over with you. Print out the ballot. You take that printed ballad put it into a computer thing right there.

Very easy.

Take a stylus, put it into eight like what you stylus pen basically and then they clean them and use them for the next group it was. It was pretty flawless.

Yeah it really was. I was very impressed. So yeah yeah encourage people that you that if you're concerned about that again. I think if you if you have time right now you talk about the general election if you stop time to request an absentee ballot because you got a pre-existing condition, I'd encourage you probably do that but I think what we're hearing is that they are taking the precautions that send out a little bit more concerned about if they don't do what they did like in your county and make more places available because it does take a little bit longer. Even as the primary date heard as much little primary day that a Presidential election is not that many contested races where we are where we live. There's one big one, but only on one side of the aisle so election day long lines again take that into account.

If you have pre-existing conditions. Look to your absentee ballot rules in your state.

When do you need to apply for one are you gotta believe to be a daddy to be traveling, but just think about that now because he or you could miss that opportunity. Let's get back to Flynn.

A lot of calls about the update. Everybody is okay. A lot of this the second half hour and sometimes get substations here the whole hour.

Some carry just 1/2 and then play another half later, so redo it for everybody regardless put up on the screen for Facebook and periscope this order came from that. The US Court of Appeals for the District of Columbia, so this is the en banc panel, they decided they would hear an appeal by judge Sullivan of the three-judge panel to do what decision against him saying that he needed to accept the Department of Justice decision to drop charges against Michael Flynn and so the order originally came out in July 30 July 30 and there was scheduled for oral argument. August 11 well there still oral argument August 11 but they've asked for two new issues is really one issue is one code section to be argued at oral argument don't type a briefing on this is six days five days. So here's the issues that this is that if you go to go through it. It's it's that same sentence. One section of the US code 28 USC section 455 is the disqualification of a judge and it says basically that any judge should be disqualified if it calls impartiality and then it says he or his spouse or person within the 3rd° of relationship are either them and then it says a person is a party, but he's a party.

They just are not cited in the briefing order and are all argument order. So of course he's a party so he has to disqualify think the only question left is this the real question is does he does the DC Court of Appeals, en banc say the district.

The three-judge panel got it right so the case should be dismissed. But let's send it. Let's disqualify Sullivan send it to another judge to issue the order because we don't want to go through this for another six months for another year.

That's what I think is the real standard left focusing a lot of phone calls to take it we are to start taking those right we come back from break as I know people.

There's a lot of question about this. This is very bizarre, very bizarre process.

In this case God through because it should never be the case in the first place to host it's a sham will be right back Jay Sekulow life of the American Center for Law and justice were engaged in critical issues at home and abroad. Whether it's defending religious freedom. Protecting those who are persecuted for their faith. Uncovering corruption in the Washington bureaucracy fighting to protect life in the courts and in Congress. ACLJ would not be able to do any of this without your support for that. We are grateful.

Now there's an opportunity for you to help me way limited time you can participate in the ACLJ's matching challenge every dollar you donate $10 gift dollar gift becomes 100. This is a critical time for the ACLJ. The work we do. Simply would not occur without your generous take part in our matching challenge make a difference in protecting the constitutional and religious freedoms you forgive today online okay only when a society can agree that the most vulnerable invoice. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold edition like it will show you how you are personally support publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activist the ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the end what Obama care means to discover the many ways your membership is empowering the right question free copy of mission life today online ACLJ/Jay Sekulow this is Jordan Santos I would get to phone calls and I mean even though early into the fit say with the broadcast we would hold on to try to explain this to the audience indent as identity or we can make our second half hour caddy to reset this because this is something so different, so unique Chanel certificates of calls about it as well.

Rhode Island online through the good question Jerry Welker. The broadcaster on the air.

Hello. People up there today.

Prof. Mitch McConnell came before them and write to the questionnaire and in the only Lord I hear Kate Richter, basically the judge then intervened right here looking to be most needed in order how come this took so long that that judge finally has a wake-up call that you guys had six weeks ago. The judge should recuse himself six months ago because of the statements he was making but having said that, as you write to Jerry as he got to the stage. I said wait a minute. NAD said this to the judge is now acting like a party, and that's just not the way it's supposed to be the judge is not to be the party here and it's clearly he's the party because in the order put that order up on the screen for television audience because I need to see this here is the order list when the parties are petitioner, Michael Flynn, he'll have 20 minutes, United States department of justice. They'll have 20 minutes.

Sullivan's lawyers like 20 minutes and he thinks it is, it is clear now again this can be addressed at all argument I would wish that the court would say you know we've evaluated this judge should be disqualified. This should take place. Maybe they just could do that at the argument, but it the end it has to go back to a different judge is no way judge Sullivan to be adjudicating the finality of this order. No, there's no way that already.

He's already met the first criterion for disqualification and that it is impartiality. The things that he is said about the Michael Flynn call them. As Jordan pointed out a traitor to his country, the attitude that he is taken all impact upon that impartiality and indicate to me that he cannot be an impartial judicial officer in this case. But what really bothers me most is that he is a party to the case. He is intervened in the case is petition for rehearing en banc. He has gone that relieved my God, what else is not a party to the case in the title kind of 28 of the United States code says, in pertinent part, that if you are a party to a proceeding then you must.

This qualify yourself from being a judicial officer in that proceeding.

What else is he. But a part of the first question I would ask him if I was up there I would ask this counsel.

What is Sullivan's role before the court today and the answer is, well, he is a party intervener petitioner there's only in northern and he's not just someone came off the street does not like to be heard. He's listed as a party, therefore I would say follow-up question, then why doesn't he disqualify himself so that we can send this case back to the District Court, albeit perhaps to another judge to enter the order of the court dismissing the case this all argument should take. Not an hour, not 20 minutes per side, with the 35, but about three minutes today I listen, I agree, but I think that love will find out.

I guess audio will be the probably of the audio plates overseas plants didn't listen. That will be able to give you some analysis of I think will be very interesting to say.

I let six more calls than we normally do this in the second statement you made when OPEC survives Good question Jeff North Carolina online for Jeff. Welcome to Jay Sekulow live diapering for director Mike called wondering if there any legal precedent set here by allowing us to go on for so long that you come up in the future with other judges that may have some sort of hidden agendas and wanted well here is something is important to say that Sakata gets lost in this the DC Court of Appeals, the three-judge panel said this is it right. Enter the dismissal in this judge judge Sullivan with respect to the court took up on his own. This motion for rehearing en banc.

So after he reported effectively, like a special counsel's own independent counsel. Then as another lawyer representing this proceeding takes up this new charge right to the full en banc courts of the President that's out there right now says this case should be dismissed.

Judge all the dismissive hiding what can happen now is it a sadist case should be dismissed. Judge Sullivan's disqualified because it has to Jeff go back to the the District Court to get the order issued. Once what's called the mandates delivered from the Court of Appeals case the requesting more calls 100-684-3110 at 2064 3110. This interesting one from Cindy in in in Illinois online to because it's a judge in this situation Cindy Waldron Jay Sekulow live your on the air. My call wondering judge elements and sees everything and not going along with anything he supposed to go along with the contempt and thrown in jail. It works.

It's let's get. Clearly this is a judge to scrub it.

What some would have to adjudicate a crime this and this is not diligent alleging criminal conduct. Here, there may be judicial misconduct. Here, there might be a form of that there may be a strong rebuke coming as it did from the Court of Appeals from the en banc panel but you don't let software system of justice were full of people just being thrown in jail. He's the judge who in another judge would have to adjudicate the judge what we have to do here is I think Cindy Powell is handling this exactly correctly. The order is going to be issued in the probably within weeks of the argument, if not sooner. They've already indicated that they have a problem. At least there's an issue that they want to dress with regard to the provision of 28 USC 455 which says hey appear party you not supposed to be having a case before us. So they've already raised it. It's now what's called a live controversy.

So I think that's the way Andy goes it gets handled yet, I think, member of the fact that the Court of Appeal has announced that these two sections of title 28 is really sending a signal that there are some judges on that court and it could be even the Democrat appointed judges who are disturbed by what Judge Sullivan is doing in this case, and that is not showing partiality, and not recusing himself and not being there and being a party to the case being per se disqualified the fact that they said stop before we even get the oral argument and the issue this order on their own motion, J. And Jordan and they're saying I want you to look at these two sections and I want these address that is telling. Judge Sullivan and a great signal. You need to get out of this thing you need to get out of this thing, because the time is come for you to play the role of judge and to be the umpire and not to be the petitioner in the party in the intervener right in this case disqualified. Get out) 164, 31, two, that's 100-6431 10 say something that's it for some of you that are new to us.

We have a whole practice group that does the freedom of information act request and part of what we did in this was we want to get to the bottom of this whole unmasking versus unmasking of general Flynn unmasking of others, and I'm holding my hand the quarterly report that was issued by our Government accountability Project ministers ate this 1/4 and it's if you're looking at it on TV.

It's a know it's almost inspect hundreds of pages and you go through thousands and thousands of pages to find a couple of great things. The boy that we found some great things and then in the last order we got Andy and quickly here. We had the court make a ruling that these individuals that were doing the unmasking like Samantha Powers and others were kinda blaming their associates can't hide behind that that was a major ruling, avoid litigation that tried to they used to be that they could say what I didn't do the unmasking request. One of my subordinates. But the court said look, if you're subordinate dated at your direction, you did that you can hide behind their so they unmask the on massacre so that I think was a great victory but we would not of had that happen that we had not pursued diligently the freedom of information act litigation that we pursue with the ACLJ and I think that was a victory with some people call that a partial victory.

I think it was a great victory because now you did the unmasking and you didn't through subordinate no no no no, you did it and you have to be the one to account for it.

So here's here's what I want to say to our ACLJ members with those of you that enjoy watching this broadcast whether it is going after the deep state whether it is litigation or engaged in weather is defending the persecuted church and getting individuals out of prison because of their faith in other countries, whether it's training lawyers to fight for religious liberty, not just here in the United States but around the globe whether it is producing a daily five days a week, one hour live television and radio broadcast turned on thousands of radio stations on TV platforms on social media platforms. Your support of the ACLJ enables us to do all of this and that is whether it's our broadcast advocacy or media advocacy lobby listening this broadcast now this comes to each and every day at no charge. We will encourage and support the work of the ACLJ when you do that you're supporting our production teams are videos or movies at tomorrow's broadcast will talk about one of the movies we just recently completed that we want you to see involving guests who the IRS will talk about that tomorrow whether it's that kind of production and other things that we are working on right now some special content.

I won't make it out yet Rice unbeknown it out yet, but something that I think you have a great impact for your family.

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We are grateful. Now there's an opportunity for you to help me way limited time you can participate in the ACLJ's matching challenge every dollar you donate $10 gift gift becomes 100. This is a critical time for the ACLJ. The work we simply would not occur without your generous take part in our matching challenge make a difference in protecting the constitutional and religious freedoms gift today online ACLJ Jay Sekulow like we have got a lot of a lot of questions to deal with a lot of legal issues lately at the ACLJ walk you through all the school cases worked over 1500 pairs of contact with their kids were taken action on that. We were up and tell you we got emails coveted midnight. I go at the governor's letters that chief got there, there, chief legal officers in states forgot go to school boards and school districts. Potential litigation and others there more long-term sort try to handle the short-term ones as quickly as possible talked about their something. I mean it could be very long-term. So litigation is a possibility because were not talking much as I get to week until school goes back but like schools not going back this year. So what happens on child care what happens with special needs, so that's good to continue to develop over time. But of course now this Flynn news. It's a lot.

I'm glad Revere were all attorneys on this broadcast today. We can help walk you through how interesting and this is and why it is a very positive side you never guarantee but a positive side for Mike Flynn, especially coming from a liberal leading all en banc panel of the DC Federal Court of Appeals.

So let's go write your photos and will go in order to help you been on the on the line Renée in Michigan live five-year-old first payment date will carry my question might be out back and filing.

I keep hearing both parties agreed to making Judge Southend party wanted to sniff at the case that he is not a real party in interest and he right me. He's not a real police force and seas made himself a party by the actions he's taking but he's not a party that has control or influence over the decision that would be made. For instance, the decision here is when prosecuting the defendant state dismiss the judges are supposed to say yes will dismiss and enter the order here. The judge appoints an independent counsel to see if he could prosecute Flynn.

I'm serious, after the department just said no so that the judge could then do what and now he's appealed it when he got admonished by the DC Court of Appeals. And that's what happened here and become a party litigant of the case and under the federal statute is a party to the proceeding and disqualified J it's likely I prosecute criminal cases in the state of Georgia if I decided to dismiss the criminal case, and the defendant agrees that it ought to be dismissed. Judge has one function signed an order dismissing the case. The judge can come in and say wait a minute if I want to do this. I believe I want to take this to the Court of Appeals and see if in fact this person should not be prosecuted. That's not your function, Your Honor. Your function is not to as Justice Ginsburg said Sally forth every day looking for wrongs to write. That's not your function, your function is to rule on cases that are brought before you absolutely ask right back to Sosa Gilroy in order. Let's go to Jim in Ohio on line 3 Jim Welker Jay Sekulow live I think you just answer my question by talking to where they just now I was going ask whether Judge Sullivan being named a party appeal necessarily makes him a party to the matter is not party to the Flynn case in the sense that he is a decision is not a decision-maker as to what motions would be filed. He's made himself a party by this appeal, he took when he decided that he and they took up from the Court of Appeals and he lost. And this is where the government and big and Cindy Powell, the lawyer for general Flynn saying he doesn't have the authority to do this and now it looks like with the new order coming out where they say under 28 USC 155 A1 oral argument as to whether or not the judge should be disqualified. I think the answer to that by anybody that reads a statute is 100% yes it should be unanimous.

They are meant send it back to another judge to actually enter the order of dismissal. So I hope the court does is enter the order of dismissal that will be the number one number two disqualified judge Sullivan send it back to another judge who has to issue the mandate from the Court of Appeals. Let's go right back to the phones again go to Stephen Alabama line to Steve you're on an apartment for eight of a case followed that case a higher court accompanied by his own attorneys.

I've never seen it. I've never seen it ever happened I practice law for 45 years you do with the appellate court tells you to do. You don't appeal those and become parties to the case of between 95 years at tenure for Jordan. That's 105 years never seen nothing like this and is in the en banc panel which was looking bad for Flynn and maybe like how this can take the Supreme Court to finally bring them justice. And he was a sky finally getting to the justice that the Department of Justice said he deserves to the prosecution said he deserves that they were wrong and then you get the Skirball thrown in that well Sullivan hey you know what there is this code and you're going to have to argue it says if you're arguing in your party your case your disqualified as judge.

I think the order itself disqualifies but again, let's try take these last two calls of the day Western Tennessee. Then Bill and Nevada Wes Welker Jay Sekulow live talk to Joe and the longer I want to take a longer more like it. Now get what you got last week when you said you thought this was headed to the Supreme Court that makes you think I think one of the three conservative just to add this to the order to give me any, it could be that just a couple judges decided to bring up this on their own motion, but it's it's telling that it's included in the order and I think we are still concerned about what the Court of Appeals will do here. So it may take Supreme Court action, but police were I think it's a reminder of the statute that the Supreme Court will look to as well.

If they have to yes. So I think do I want this to go. This report know that I want to see you en banc note that I think this is ever going to trial note because the department just said the FBI was wrong to even I start asking Mike Flynn questions a new basis for the investigation. But if this remind you that you can get the judge dismissed the court can actually disqualify the final call the day Bill and Nevada line 6 Bill 100 Jay Sekulow live thought guys were taking my call.

In my quite a two-part first of all what all ironed out.

The judge Sullivan is a party. That will will general plan have any recourse to edit double case against him for his back, and probably not a civil case against Judge Flynn probably civil cause of action against with this whole prosecution went down and the failure to deliver exculpatory evidence, but that's a different case monadic and not civil kind of guy. Maybe aunt there's nothing I can think of that would actually do that now what what you think. You probably going to do that is not pardoned him well. I think what Cindy Powell wants to do is get your client exonerated Jordan by degrees.

We have a minute left hearsay. That's appreciated and enjoyed his show today but but if you can be exonerated is better than part. Yes it is. So if you hit like in the cases of the situations where you can be part that's one thing but that doesn't mean that you didn't commit the crime here in my flimsiest department just saying you did private and will also give you an opportunity to see damages from the US government for the cost of his legal fees for what they admitted charges should've never been brought it investigation had no basis to begin with.

That's why the pals that was hard hard.

He knows ultimately seek justice. My folks don't forget the ACLJ matching challenge ACLJ.org this broadcast the legal work on both of your support.

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