“If the DOJ doesn’t prosecute, there is no case. Period.”
That doesn’t matter for the defendant if the the judge has not allowed Flynn to withdraw his plea that was negotiated with a prosecutor tricked the defendant into pleading guilty and who lied to the court?
The judge is a fool.
DOJ “should” proceed with the case, presenting a solid defense of Flynn as their prosecution. Then let Flynn’s defense team put on a solid defense of Flynn as a rebuttal.
If the leftist whacko’s continue after that, rope is cheap; gravity is free.
Somebody has to play powerful word games though.
What has Flynn pled to after the prosecutor says “no crime?” Assuming for sake of argument Flynn lied, that lie is not material, so there is no crime.
The plea is “guilty to the information” (there was no indictment). Okay, fine, but the information is fatally flawed. The facts in the case don’t support a finding of materially false statement. That’s what the Gov’t Motion to Dismiss lays out, with facts and evidence.