From @ shipwreckedcrew on Twitter "the Appeals Court fails to act by the end of the 21 day period then the panel decision is effective. The decision is not stayed only by the filing of a petition. Only the Appeals Ct can stay the mandate...

"In a way, Sullivan taking this step when no judge of the Circuit has called for a vote in over two weeks is a bit of a "stick in the eye" to the Appeals Court. Their silence was letting him know they weren't bothered by Rao's outcome. So he tries to force their hand...

"I think the fact that Sullivan was forced to ask himself -- any judge of the court could have called for a vote without Sullivan's petition -- is an indication that there are not 6 votes to rehear the case."

From @ shipwreckedcrew on Twitter "the Appeals Court fails to act by the end of the 21 day period then the panel decision is effective. The decision is not stayed only by the filing of a petition. Only the Appeals Ct can stay the mandate...

"In a way, Sullivan taking this step when no judge of the Circuit has called for a vote in over two weeks is a bit of a "stick in the eye" to the Appeals Court. Their silence was letting him know they weren't bothered by Rao's outcome. So he tries to force their hand."

Writ, Rule 40 gives 14 days for petition, that ran out July 8. This was filed July 9. Doesn't that mean that Sullivan's request for an en Banc will be rejected and the ruling by the appeal court automatic (to free Flynn)?