The substance of the appeal is that there are numerous U.S. Supreme Court precedent cases which make it crystal clear that Judge David P. Yaffe should have recused (disqualified) himself, and NO precedent cases hold otherwise.
Simple decency and honesty among the honorable require that the Ninth Circuit free Richard Fine pending its ruling on the appeal, and that it ultimately find that Judge Yaffe should, in fact, have recused himself.
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Will the Ninth instead attempt a coup of the U.S. Supreme Court? Stay tuned.
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