I read the complaint that Manafort filed against the special prosecutor’s office, laying out very clearly the violation of law and the constitution that this prosecution is. I wasn’t surprised that a judge in DC didn’t throw it out, but Manafort is very likely to win if it ever gets to the Supreme Court. It is a good read if you want to go find it.
This motion to dismiss is likely based on the same arguments. Based on the judge’s comments, I would not be surprised if he does throw out the prosecution. The appointment violates both the constitution and the law providing for appointment of special prosecutors. When the rule of law applies, those kinds of things matter.
I hope you’re right! And it sounds like this Judge is fed up, not good for Mueller’s team.