[Bruce Campbells Chin]

The problem is that this isn't a charging decision because he already has been convicted. At this point, it's at sentencing. And Rule 48(b) changed the common law rule that the government could nolle pros without leave of court.

It's not clear cut either way.

[Williams]

Yes Sullivan might have some discretion here, but the way he's going about it is absurd. The whole thing about a perjury charge for a false guilty plea smacks of coercion in an effort to stop Flynn from asserting his innocence. That would stop any defendant in the future from trying to change a plea, which is an allowed request. Bringing in third parties, in effect to prosecute. And the third party is obviously a surrogate for the judge's own angry feelings. Sullivan should have simply ruled. He can call the parties in, yell at them and make his decisions. He's obviously angry and acting way out of the judicial 📦.