Because the DOJ filed the motion to dismiss, so Powell withdrew Flynn’s motion to dismiss and adopted the arguments of the DOJ.
In essence, the DOJ then became the lead party in the Petition for the Writ of Mandamus. When the DOJ, after filing a amicus brief at the invitation of the COA, Sullivan then had to respond to both the U.S. Goverment and Sidney Powell. Having the DOJ as the lead party in this action increases the odds that it will be granted, so much so that the result is a slam dunk.
Powell was allowed to submit the appellant brief and also a reply brief after Sullivan submitted his answer.
Nice explanation, thank you.
Tomorrow Powell, DOJ and Wilkerson will present arguments. Sullivan won’t speak. Will the Solicitor Gen. Represent the DOJ?
Former Fed Prosecutor Joseph diGenova and his wife were recently talking about this case and it’s looking good for Flynn.
Joseph thinks the circuit court has decided to dismiss. All sides only have 15 minutes (!) to state their arguments (amicus folks get no time to speak). Add to the fact the superior court only gave ten days for Sullivan to respond and it could be construed that they’re not happy with the judge.
Flynn should sue...the DOJ’s dismissal brief reads like an indictment.
https://www.youtube.com/watch?v=wO0clnBbDoA
Start listening at the 24:15 mark
Post 21 -Thanks for the update
The fundamental mistake in that is to assume or believe there is a rule of law other that the outcome is a function of judicial whim.
Courts are huge part of the political resistance in this country.