He should just ask "Is there any way that anyone can think up that I can get out of having to deal with this case?"
That is exactly what Judge King was doing.
I still need time to go over the audio, but it appears to me that this panel will concoct whatever method they can, to avoid the question... Even if it means quoting Judge Wilkinson from Masciandaro
(it was suggested they kick it up to the SCOTUS - Judge Davis, I think)!