How does one have a sentence without a prosecution? Does the judge send you to jail just because he wants to? I am not understanding the judge’s endgame legally.
It turns out the judge does have that power when it comes to contempt of court. For that the judge is also the de facto prosecutor.
If Sullivan decides to push criminal contempt, he, the judge, files the charge. Flynn would defend, there would be a trial of sorts. at the conclusion of that, Sullivan would pass judgement. Crimoinal contempt carries fine, imprisonment, or both.
— Does the judge send you to jail just because he wants to? —
Yes, but he has to incant some rhetoric on the way. He tells everybody how he is impartial, unbiased, that the offense mandates punishment, etc. Say the magic words, off to the pokey.