[semimojo]

It has long been settled that the Judiciary generally lacks authority to second-guess those Executive determinations, much less to impose its own charging preferences.

I guess we'll see.

I don't know that the DPA in Fokker is really analogous since in my view Flynn is past the charging/adjudication stage.

Flynn's guilt has been established by the court.

That the DOJ wants to withdraw charges at this point is a situation not many have dealt with.

[AndyJackson]

The Fokker case provides no wiggle room. The Court held: "[T]he `leave of court' authority gives no power to a district court to deny a prosecutor's Rule 48(a) motion to dismiss charges based on a disagreement with the prosecution's exercise of charging authority.

There is no final judgment in this case which is why Sullivan still has jurisdiction. DOJ moved to dismiss under Rule 48. Sullivan has no authority to deny.