Is Flynn stuff really done?
https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.232.0_3.pdf
My reply brief has been completed and is ready to be filed. However, earlier today the
D.C. Circuit granted Mr. Flynn’s petition for a writ of mandamus in part, directing the Court to
grant the Government’s Rule 48(a) motion to dismiss and vacate its order appointing me as
amicus curiae. Under the D.C. Circuit’s rules, an “order or judgment granting or denying the
relief sought will become effective automatically 21 days after issuance in the absence of an
order or other special direction of this court to the contrary.” D.C. Circuit Rule 41(a)(3). Because
the D.C. Circuit can depart from this rule and give its order immediate effect by saying so
Case 1:17-cr-00232-EGS Document 232 Filed 06/24/20 Page 1 of 3
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explicitly, cf. In re de Henriquez, No. 15-3054, 2015 WL 10692637, at *2 (D.C. Cir. Oct. 16,
2015) (“FURTHER ORDERED that this order become effective immediately.”), but has not
done so in this case, I believe this Court’s orders appointing me and directing me to file my reply
brief today remain in effect. The writ is not yet in effect, and it is conceivable that further
proceedings in the circuit court may prevent it from taking effect.