ruddyduck said:
where is the recourse for this nonsense?
There isn't much available, unfortunately.
Now we wait for the en banc decision along with concurrences and likely dissents.
But today was largely a sham. Those hypotheticals were beyond the pale, except for one that was directed to Wilkinson, by Rao, if I'm not mistaken. She posited what if the DOJ got DNA evidence that a convicted and incarcerated defendant was exonerated, would it be fair for a federal district court judge to order a hearing after a briefing schedule for a ruling 7 weeks later?
Wilkinson tried to argue that Flynn was free as a bird (yes, she used that phrase) under his custodial arrangement and thus was suffering no harm. And then she added something that was quite weird, saying such delays with incarcerated innocent people which the DOJ wants to reverse the verdict "happen every day in federal court."