This piece gets into the law on why judge Sullivan is doing what he is and also that the DC District Appeals Court probably won't agree with him.
Dershowitz: Judge should dismiss Flynn case or be impeached
“If this judge has the gall to not throw this out, he ought to be impeached.
Remember that judges only have jurisdiction for cases and controversies,” Dershowitz said.
“Theres no controversy here.
Both sides agree this case should be dismissed.
This judge has no power to do anything else. And if he asserts that power, he has violated the Constitution.”
https://www.wnd.com/2020/05/dershowitz-judge-dismiss-flynn-case-impeached/
My take: Someone very (very) high up is desperate to keep Flynn from talking.
More information. Sullivan's decision on amicus looks like it contradict his past rulings.
United States v. FLYNN (1:17-cr-00232) Dec. 17, 2017 in particular.
Current DC Court rules LocalRulesJanuary_2019.pdf if interested.
I'm not sure what the legal ramifications are, but this case is very different because there was no trial.
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I brought this same issue up on Free Republic a couple weeks ago.
I got soundly mocked for my efforts, but my argument was sound.
Flynn's guilty plea was a sworn statement.
In addition, a judge accepting a guilty plea goes through a long prepared list of supporting questions...
Do you understand that you can have your case heard by a jury? Are you satisfied with your legal representation? Can you afford an attorney? Has the prosecution given you every document you asked for? Do you feel the court has been fair in its rulings? On and on...
Flynn probably told a half dozen brazen lies under oath.
Why is that a problem?
Because if Flynn can just say - “Never mind” - and walk away from his sworn plea, that will undermine the validity of every previous and future guilty plea ever made.
Since 96% of federal inmates plead guilty, I think we can expect thousands of petitions for discovery or for the submission of new evidence if Flynn pulls this off.
My prediction - Flynn will still be litigating this on election day, six months from now.