The Flynn Dismissal Fiasco Has Somehow Gotten Even Messier | Talking Points Memo

[cervantes]

The leading SCOTUS case on the subject suggests that the rule only intends to protect a defendant from prosecutorial harassment – the repeated filing and dismissal of charges where the defendant wants a trial (and a chance for acquittal).

Yes, which is why Judge Sullivan, if he wants to proceed, has his work cut out for him.

Not saying he can or cannot succeed.

A previous comment:

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

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 that allows a future DOJ to take it up again; or at least try to embarrass Barr by asking for a detailed explanation.

Obviously, I can’t say if he’s contemplating doing any of this work – nor can I say when he will announce his decision.