this is really YUGE: writs of mandamus are rare and i suspect them being granted is even more rare ... in this case, the appeals court ORDERED Sullivan to respond to Flynn’s request to dismiss the case within 10 days, which means:
1. Sullivan MUST explain why he’s refusing to dismiss the case.
2. Sullivan doesn’t have time to screw around with his illegal and unconstitutional 3rd party amicus curiae “briefs” before making the appeals-court-ordered ruling regarding dismissal
3. Once Sullivan has committed his “reasoning” for refusing to dismiss the case, then that becomes substance for appeal to the higher court, that is, it gives the higher court something substantive to adjudicate
As far as i can see, the higher court has checked Sullivan, even if they didn’t checkmate him ...
What you say about the extraordinary granting of a mandamus is correct. Note that it hasn’t been granted yet, but “loud” writings on the wall are heard with the opinion. My experience in Oklahoma with Mandamus and Prohibition is that about 1% are heard. Of those, about 3% are granted. That means 0.00333 are successful. It is a high barrier. I have been fortunate to have had three granted, even though I have requested eight. They are very rare.
I think the judge will find a way to avoid one being issued by making the matter moot. The appellate judges are giving him an opportunity.
If Sullivan attempts to sentence Flynn, the Appellate Court will intervene and issue the Mandamus. I do have concerns about whether there is a contempt of court with the aggressive grilling Flynn received before. He was quite firm is his allocution. But, Sullivan will discover a way to extricate himself from this mess he created for himself.
Gwjack