Sullivan is pretty arrogant.
Will he bring up the FARA violations of Flynn and son as cause for continued prosecution since the “deal” between Flynn and Mueller has been abrogated? It’s my sense that that is what he is angling for.
Once Barr declared the investigation without foundation, I think everything else that followed is fruit of a poisoned tree. But Sullivan is looking for a loophole.
However, Flynn’s FARA issues were in Rosenstein’s full scope memo as was revealed last week. IIRC, Rosenstein engineered the Flynn case to fall into Sullivan’s court.
Sullivan cannot be a prosecutor nor can he appoint one. That much is clear in the appeal for a writ of mandamus.
Sullivan has a gun to his head. It’s the only explanation that fits his behavior.