That’s definitely a problem for the FBI and Mueller and could give Sullivan an excuse for tossing the case and sanctioning the prosecution. I just don’t expect anything resembling justice from the courts. They tend to follow procedure far more than they render justice. Justice is for movies and our dreams.
Yes and no, Judge Sullivan did toss the conviction of Sen. Ted Stevens back in 2009, excoriating the prosecutors and demanding an investigation of prosecutorial misconduct (which of course went nowhere with the vile Holder Dept of Justice).
But if Sullivan were to do roughly the same thing now, tossing Flynn’s plea agreement and throwing out the case with a strong rebuke to the Mueller team, it could give Team Trump some valuable ammunition at last.
In the Legal System, one rarely receives more Justice than one has paid for.