[Alberta's Child]

The DOJ has already said they don’t want to pursue the case.

I don’t think the judge has much leeway here, but I could be wrong.

[Brilliant]

You’re right on both. But my point is that there’s no way this plea deal survives, and if the case were tried, then Obama would be a witness. I suspect the Dems would go nuts if Obama were called as a witness. But there is no way the case could be tried without allowing Flynn to call Obama as a witness so if Obama exercised executive privilege then the case would have to be dismissed.

[SamuraiScot]

The DOJ has already said they don’t want to pursue the case.

I don’t think the judge has much leeway here, but I could be wrong.

I have to agree. Seems to me that if the DOJ, which is in charge of prosecution, declines to present the defendant's (forced) confession as evidence, it's not included as evidence. At that point, there's no case at all.

The difference is that the AG changed in the middle of the game. Too bad. Your tribe loses, Tribe.