That's tantamount to the judge ordering the DoJ to pursue the charges. Don't think he can do that. He may try though and that'll force this up to the USSC, as will allowing third-parties to file briefs in the case.
of Flynn would appeal, who would prosecute on the appeal
He’ll lose. It’s all dilatory tactics regarding the arrest of Obama and others.
Sullivan could deny all motions and sentence. The US filed a motion to dismiss....denied; he already pled guilty. The defense filed a motion to withdraw the guilty plea and to enter a plea of not guilty....denied. Second defense motion, prosecution should be dismissed for prosecutor misconduct....denied. The only thing left is sentencing...judge rules on how long Flynn is in prison. Denies bail continued until appeals are over....BOOM, Flynn doesn’t walk out the front door. He’s in a van to Club Fed.
That’s the nightmare scenario Flynn is facing.
Surely Powell takes an immediate writ ( in fact I’d do it today for an appellant ruling to toss the amicus briefs out, before they’re even filed).
That's tantamount to the judge ordering the DoJ to pursue the charges.
Nothing to prevent him from just sentencing Flynn is there? He has a guilty plea in the case.