It looked like a good day for General Michael Flynn when the Department of Justice, having learned how corrupt the previous administration’s case against Flynn was, moved to dismiss the prosecution. This is the kind of motion that court’s rubber stamp unless they fear that the Justice Department is dismissing a weak case as a prelude to filing a stronger case later. Without that situation present, Sullivan’s only option should have been to grant the motion.
On May 11, Judge Emmet Sullivan, who had been openly hostile to Flynn, surprised everyone by saying from the bench that he was inviting third parties to weigh in on the matter, opposing both Flynn and the DOJ. One day later, acting on his own initiative, Sullivan appointed John Gleeson, a retired judge who had co-written a Washington Post opinion piece objecting to Flynn’s dismissal, to argue against the DOJ’s motion to dismiss.
A week later, Flynn’s intrepid counsel, Sidney Powell, filed a Petition for Writ of Mandamus with the appellate court asking that the court force Sullivan (1) to grant the motion to dismiss, (2) to reverse the invitation to Judge Gleeson, and (3) to exit the case post haste. […]
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