The Constitution compels, and all statutory bases require ('shall recuse'), that Judge Sullivan recuse himself from any further proceedings even if he has granted the motion to dismiss with prejudice. “Judge Sullivan satisfied that standard when he actively litigated against General Flynn,” the filing continued. When Attorney General Bill Barr moved to dismiss the charges against Flynn on grounds of prejudice, Judge Sullivan declined to rule on the motion. In a court filing, Sullivan said mandamus is inappropriate at this stage because there remains the possibility he could still dismiss the case on his own. During a hearing last month, Powell claimed that Sullivan had displayed "abject bias" in the case and should recuse himself.

Source: Fox News October 07, 2020 17:36 UTC