He’ll get slapped down by superior courts, just let it play out.
The problem is that this is no longer about the outcome, it’s about how much damage can be created by the process. As noted in the article, Flynn will have to pay his attorneys to respond to every brief Sullivan allows to be filed. Think $50k per.
Politically, even with the outcome a given, the left will get to keep Flynn (and by extension Trump and Barr) in jeopardy the longer they can keep this sham running. Who doubts that the main stream media won’t publish every day about how corrupt the administration is for not continuing the charges against Flynn?
Call it lawfare, because that’s what it is. The left even has a group who brags about it under that name. We really are coming up to a bad fork in our country’s future. I just hope enough people stand up and say enough before we actually become a banana republic.
Expect Sidney Powell, counsel to General Flynn to withdraw her motion decrying this absurdity to Judge Emmet Sullivan.
Then the DOJ will file a writ to the court above Judge Sullivan.
This is going to be slammed hard on his knuckles. Deservedly so.
DOJ (executive branch) has supremacy on this matter. Previous SC cases and DOJ regulations supports this. Sullivan can’t simply extend the case into overtime when told to lawfully stop.
DOJ informed the court, based upon exculpatory evidence and FBI records, that the case against Flynn was without merit and corrupt. Right now, the prosecution has left the building and Sullivan is alone.
Sullivan can’t say “it’s not over until I say so”!!! It’s not his authority to be a defacto prosecutor, especially when the DOJ dismisses the case.
Also, the SC issued a recent 9-0 decision stating that Amicus can not be used as a de-facto “outsourcing of the court” (especially in criminal matters). You have three parts (Judge/Def/Pro) to the trial and that’s it.
Amicus has it’s place but in the Flynn case it does not.
Also, DOJ can petition the Appeals Court (right now if they wish) to issue a “mandamus” (sp?) request asking the court to order Sullivan to stop the Amicus and to dismiss the case/plea.
The trouble with that is, this could play out for years.