Has this ever happened before in a federal case?
Can’t say it’s never happened, but I’ve never heard of it, or of the process the judge is trying to put in place - bringing in another judge to argue for this.
Judge Sullivan can hold Flynn in contempt, if he wants. He can deny the DOJ request to drop the case.
But I don’t think either step will withstand an appeal.
The judge seems to want to create a weird record of arguments before him, to support what he wants to do.
He doesn’t need a retired judge to argue these decisions, he has law clerks to advise him so he can decide things himself.
You’re seeing an angry and partisan judge lashing out and I think making a fool of himself.
At this point, I suspect Barr and Sydney Powell are each in their offices deciding the best way to demolish the nonsense Judge Sullivan is spouting.
I think they’ll first tell him this is an egregious violation of Flynn’s due process rights.
After that, I think they’ll seek an emergency appeal before submitting to this clown show.
Even if they don’t get the appeal, Sullivan is erecting a house of cards that will never stand up against Flynn.