Has this ever happened in America’s history before?
Judges appealing decisions to dismiss a case?
Taking retired judges to serve a prosecutors?
Sullivan wasn’t the appellant in this case - it was Flynn. Pretty sure Flynn isn’t going to appeal. And since the government (DOJ) was in agreement with Flynn, pretty sure they wouldn’t appeal the ruling either.
It’s always one of the parties in a case that appeals. As I understand it, Sullivan was an actual party but had his ruling appealed. I think it’s all but over.
Yes, similar. The Fokker case is another one where the court decided to become prosecutor.
I suspect this happens quite a bit, but not in such high profile cases, and not with defense counsel that isn't in cahoots with the system.