If he can, he should dismiss all the charges. The thing is, I’m sure Mueller knew from the beginning of Flynn’s case, that the FBI didn’t go through the regular channels to interview Flynn. He also knew that the agents deliberately withheld the warning to Flynn about lying to the FBI, and he also knew that the 302 report of that interview wasn’t dated until almost 7 months after the interview, which is also not standard procedure. Those things are supposed to be written immediately afterwards. I’d say that any sane prosecutor who knew about those “problems” with the case, wouldn’t have proceeded at all with any charge, because of the probable likelihood that it would blow back in their face. But Mueller went ahead anyway. I don’t know if he thought he could shuck and jive Judge Sullivan, but it didn’t work.
I don’t think team Mueller anticipated the Judge in the Flynn case, Stozak and Page’s pal Judge Contreras recusing himself from Flynn’s case. That it fell to of all judges, Judge Sullivan had to have given the snakes heartburn. We shall see come the 18th.