Maybe he is setting it up so it can be overturned on appeal? He is afterall a BJClinton appointee and may be in fear of his life?
how can a judge force the prosecutor to prosecute, when they say there is no case?
Jonathan Turley
@JonathanTurley
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30m
Interesting development just in the Flynn case. Judge Sullivan just issued an order saying “at the appropriate time, the Court will enter an Order governing the submission of any amicus curiae briefs.” That certainly does not suggest quick order granting an unopposed motion...
...due to the controversy, Flynn opted not to be sentenced by Sullivan at that time. That left him unsentenced, which ironically made this motion easier. Otherwise, Flynn would have faced a more difficult post-conviction motion while on appeal. No amicus can change that record...
Amicus can certainly add more heat but not light. More importantly, it is unlikely to change the outcome. I previously stated that I thought Judge Sullivan would call a hearing. This appears to confirm that he is unlikely to go quietly into the night with a ruling on the papers.