Posted on May 15, 2020 by Paul Mirengoff in Flynn prosecution
On shutting down Sullivan’s circus
In light of Judge Sullivan’s bizarre orders in the Flynn prosecution, there is talk about the possibility of filing a petition with the court of appeals seeking to have it pull the plug on the Flynn proceedings. However, I don’t think the D.C. Circuit would grant such a petition, and I question whether, at this stage, it should.
The problem is that Sullivan hasn’t ruled one way or the other on the government’s motion to dismiss the case against Gen. Flynn. Technically, all he has done is ask for briefing from outside parties on the question of whether he should grant the motion.
Sullivan shouldn’t have asked for outside help. He should have done his own research, if necessary, and granted the motion without further ado. However, I doubt that this is the kind of error a court of appeals would, or should, correct on a petition.
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https://www.powerlineblog.com/archives/2020/05/on-shutting-down-sullivans-circus.php