A judge is not the people. A judge (the court) is a decider who determines whether the people or the defendant is right.
The people of the United States of America have declined to charge Flynn, whether he plead guilty previously or not. That has no bearing on the DOJ's actions.
The judge cannot prosecute. He can only judge.
It's very simple.
That seems completely logical. Because the sentencing was already in process, there have been all these motions filed. I understand that Sidney Powell is now petitioning to withdraw them, but I think it would be fun if the judge declined to permit the withdrawl of that Petition, and rather accepted it.
The result would be that the case is still thrown out, but the arguments put forward by Sidney Powell are the findings of the court.
MR. FLYNN’S MOTION TO DISMISS FOR EGREGIOUS GOVERNMENT MISCONDUCT AND IN THE INTEREST OF JUSTICE
I think the proven FACT of the "egrigoius government misconduct" is an important one to pin to this case for all times.
It strikes me that there is a bit of convenient face-saving in the DOJ's filing to dismiss. So many interesting things were being discovered, things that many here have known or suspected, are now documented as a result of the extended document production that has taken place since Barr but the special minder in place for the Mueller hacks.
Funny how Tribe skips right over that.
Charges dropped, case dismissed. Next case!
Pretty much cut and dry.