What does Judge Sullivan hope to accomplish?

[Valin]

Power Line

Paul Mirengoff

May 13, 2020

Yesterday, Judge Emmet Sullivan invited parties with no legal interest in the Michael Flynn prosecution to file briefs in response to the Department of Justice’s motion to dismiss that case. I criticized Sullivan’s decision to do so in this post.

Andy McCarthy presents a more detailed critique. He finds Sullivan’s order “bizarre” and “blatantly political.”

As McCarthy sees it:

Quote

The cantankerous jurist is stoking opposition to the dismissal. He knows the law calls for him to accede to attorney general Bill Barr’s decision. But Barr can’t stop Sullivan from turning the dismissal into anti-Trump group therapy — and who knows, maybe the grieving Legal Left will figure out some way for the judge to convict Flynn despite DOJ’s retreat.

Sullivan already has a way to nail Flynn, I think. Given Flynn’s guilty plea, he could sentence General FLynn without the DOJ’s participation.

The problem for Sullivan is avoiding reversal on appeal. I imagine that Sullivan, in addition to wanting to give the Legal Left a means of venting, wants to see and assess the best legal arguments for avoiding reversal if he decides to nail Flynn.

(Snip)