Twatter just went down for me…
With respect to Sullivan's appeal to the full panel, here is the breakdown of the judges on the DC circuit appeals court:
Sri Srinivasan - OBAMA (considered for SC position)
Karen L. Henderson - GHWB
Judith W. Rogers - CLINTON
David S. Tatel - CLINTON
Merrick Garland - CLINTON (BO attempted to get on SC)
Thomas B. Griffith - GWB
Patricia A. Millett - OBAMA (potential SC appointment)
Cornelia Pillard - OBAMA (extreme lefty)
Robert L. Wilkins - OBAMA (already voted against Powell)
Gregory G. Katsas - TRUMP (Federalist Society)
Neomi Rao - TRUMP
Justin R. Walker - TRUMP
It's unlikely that Henderson, Rau, or Wilkins would reverse themselves, that leaves nine other judges with the following makeup
OBAMA - 3
CLINTON - 3
TRUMP - 2
GWB - 1
Even if you start by assuming Griffith (the GWB appointee) is favorable, that leaves a breakdown of:
7 judges likely to side with Sullivan
5 judges against
Not sure how a split decision would work. Need a lawfag to explain. But at first glance, it appears that a full panel might work in Sullivan's favor, and we need to get at least one more OBAMA/CLINTON judge to get this in Flynn's favor.
Starting to see why Sullivan thinks he has a shot at this…
https://www.cadc.uscourts.gov/internet/home.nsf/Content/Judges