May 15, 2020
Judge Sullivan should be careful what he asks for
By James V. DeLong
The latest development in the persecution of Michael Flynn was Judge Sullivan's unusual order reacting to the DOJ motion to dismiss. As the DOJ establishes, a decision to drop a prosecution is a prerogative of the Executive Branch, so a judge's role is limited. He should have established that the dismissal is requested, not harass the defendant, and then sign off.
Instead, Sullivan opened the door to amicus briefs in opposition to dismissal and then appointed an outside party to argue the point and to argue, as well, that Flynn should be held in contempt of court for perjury because he said he was guilty when he was actually innocent. (Or perhaps Sullivan intends to charge him for claiming innocence — it is a bit murky.)
It is unlikely that this effort to extend things will go on too long. The DOJ and Flynn can request a writ of mandamus from an appellate court holding Sullivan to his duty, and there is square precedent that mandamus is proper in a matter such as this one.
But suppose the case does go on, with extensive briefs and a consideration of a perjury charge against Flynn. It is unlikely to develop as Sullivan seems to think it will.
The DOJ motion to dismiss was carefully crafted.
more
https://www.americanthinker.com/blog/2020/05/judge_sullivan_should_be_careful_what_he_asks_for.html
