He’s a freaking judge, he doesn’t have standing in this case. If the DOJ is not going to pursue charges against a defendant, then there’s no judge who can pick up the case and pursue charges and have a trial and have the guy go to jail or whatever, because he’s not a prosecutor.
He’s a judge. He’s an independent element. He’s a nonpartisan element, supposedly. So a three-judge panel voted 2-1 to tell Judge Sullivan to go to hell, pound sand, whatever, that the DOJ is not gonna pursue charges and the case is over. Well, Judge Sullivan had the option, as everybody — he’s got no standing. He should not be anywhere near this court as a participant. He’s a judge. He doesn’t have any standing whatsoever. But the rule of law is just taking hits from left and left and left.
So he petitioned for the entire en banc hearing to take place, meaning he wanted a retrial, a rehearing of the appeal with every appellate judge hearing it and deciding it. And guess what? They just granted it. The DC Circuit just granted a full en banc hearing of a federal judge demanding to do something that the law does not permit him to do.