so....does Judge Sullivan now comply with the Appeals Court order to dismiss the case against Flynn? Or does he dig-in and wait for the next memo to be released?
It should be over. However, it's clear that they tyrant in a black robe Sullivan, who thinks he's the prosecutor now, has 3 potential delay tactics. None of which should happen, but they are...
1. Go ahead with his previously scheduled hearing set for July 16 on the Justice Department’s move to abandon the prosecution.
2. The full appeals court has not said whether it will review the panel decision. He could ask for/wait for that to happen.
3. Any decision made by the full appeals court could then be challenged in the SCOTUS.
The decision does not bring the case to an immediate end, according to Stephen Vladeck, a professor at the University of Texas School of Law and a seasoned Supreme Court litigator. If Sullivan chooses to, he can ask the D.C. Circuit to rehear the case "en banc," or before all 12 active judges. The court can also decide to rehear the case if a majority of the judges vote to do so. Any decision by the full circuit court could then be appealed to the Supreme Court."The dispute may be between a judge and DOJ, but the rules are the same," Vladeck told CBS News.
If history is any indicator...the Flynn case isn't over just yet.
May request en banc.