I assume you meant to say :
The missing earlier Form 302 (sans the prefix FD-) would be enough for Judge Sullivan to throw out Mueller’s case against Flynn entirely,.
I assume that, because you identify exhibit B as being an FD-302 standard FBI form, and you stated that the 302 form was the one missing, in the first sentence of the paragraph that contains the sentence highlighted above. I really only mention it in case you missed it and want to correct it.
Great article though, and I enjoyed and agree with what you have written.
No, given the way that Judge Sullivan acted in the Sen. Ted Stevens case, the mere incompleteness of the record has motivated Judge Stevens in times past to dismsiss a case.
If Judge Stevens believes that the prosecution is holding back documents — even if the documents provided are enough to support a conviction — Judge Sullivan may dismiss the case for prosecutorial misconduct.
Earlier in the week, Judge Sullivan ordered Mueller’s office to provide EVERYTHING.
Where there is a glaring omission in what Judge Sullivan ordered the prosecution to file, the failure to comply with Judge Sullivan’s order would be enough — and he has done it before — to dismiss the entire prosecution case as a sanction.