Yeah, this case is all about the limit of the court’s power, and how the court should assess and respond to an unopposed motion to dismiss the criminal charge. The criminal charge is gone so the separation of power’s issue is, IMO, a phantom anyway. The rights being impinged are Flynn’s, and the court is doing all the damage, all by itself.
I think the public is mostly ignorant that Sullivan is holding Flynn while he (Sullivan) ponders taking on the role of prosecutor against Flynn.
I think the public doesn’t really appreciate that the DC Circuit thinks maybe this is okay. maybe a Court should have the power to hold a defendant in suspense for months after the government has decided to dismiss the charges - indeed, aft the government has demonstrated to the trial court, that no crime was committed. This isn’t a question of sufficiency of evidence, this case collapses because there is no victim. No harm. None.
Except the supposedly impartial and justice driven court system thinks maybe this fellow ought to held in criminal contempt. Not that he is, just that this is a reasonable inquiry to make under the circumstances, and its okay to let Flynn hold in suspense while the Court plays rhetorical footsie.
These people are sick puppies. Our judges are dangerous to liberty, and Congress thinks this is hunky dory. That’s what it is, and to be honest, there is nothing the public can do other than “get the picture,” and understand that the court is a bunch of hacks, legitimate only on its own say so, not because it is wise, or just. It is a contemptible institution. It’s fooling some people, maybe most - but not all, not all.
I'm not very sympathetic to the "held in suspense" argument. It was Flynn's team's choice to file the writ of mandamus.
Absent that there's no doubt Sullivan would have ruled by now.
They gambled they could steamroll Sullivan and they lost. Living in suspense is the price Flynn's paying.