My take is quite different than a lot of those who see Judge Sullivan’s minute order, inviting amici briefs, as spelling trouble for General Flynn. To understand where Judge Sullivan is coming from you have to understand where he’s been with regard to DOJ prosecutorial misconduct and corruption. The Flynn case is eerily similar to the Senator Ted Stevens prosecution. Both the Stevens and Flynn cases were handled by Judge Sullivan and both have now resulted in Justice filing a MTD due to prosecutorial misconduct. In Stevens, Judge Sullivan agreed that the misconduct was so egregious he held the prosecutors in civil contempt and appointed a court master to examine into the misconduct. One prosecutor killed himself before it was all over. He ultimately dismissed the Stevens case and civil contempt charges, likely thinking he had sent a sobering message to the DOJ to never commit fraud in the courtroom again. Unfortunately, the Flynn case only proves he was dead wrong and things only got worse. Keep in mind both Stevens and Flynn happened on Obozo’s watch. What can Judge Sullivan do now to address the deepening fraud and corruption in DOJ? As in Stevens, he certainly isn’t going to deny the MTD but he also certainly knows that the Justice Department has a systemic problem of the first order and is rotten to the core. The question is what is the remedy to straighten out a Justice Department whose corruption is evidenced by 2000 arrogant former employees being so brazen as to publicly chastise AG Barr over his condemning outlandish prosecutorial misconduct? This is not at all a question with an easy answer. That’s what is on the mind of Judge Sullivan.
I hope you are right. However, the media has spun this as Judge Sullivan is refusing to dismiss the case and since Flynn pled guilty, yada yada yada.
I would feel better about it had he simply asked the government to fully detail a list of the documents and evidence not turned over to the defense per his multiple discovery orders.
This amicus stuff does not apply and cannot apply to his decision for the motion after the unanimous SCOTUS ruling. So why did he go there?