High Profile DOJ Alum Push Back At Barr’s Flynn Shenanigans | Talking Points Memo

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What options does Sullivan have?

Pence: I’d ‘Be Happy’ To Have Flynn Back In Trump Administration

Judges can’t really force prosecutors to prosecute. In this case, Judge Sullivan, who is mightily annoyed at Flynn, has a little room to maneuver, but not much. If he wants to reject aggressively the DOJ’s motion to dismiss – that is, if he wants to suggest openly that the the DOJ is acting in bad faith (which it is) – he will have to do a fair amount of work arguing against precedent that would otherwise be controlling. Short of that, he can do two other things: dismiss the case in a way tha…