Sullivan is not arguing dropping the charges, Sullivan is arguing that Flynn committed perjury when he gave his plea. As bizarre as it seems, Sullivan et al are saying eventhough Flynn was extorted into pleading guilty because they threatened his son, Flynn committed perjury in the court because he falsely said he was guilty. These people are truly Satan’s ministers.
Barr said in his CBS interview that it doesn’t matter if Flynn was guilty or not, the prosecutors were wrong to bring the case in the first case. There was no predicate to bring the case.
Basically, Flynn plead guilty to a non crime. Barr is saying that the government was wrong in the first place. I have to wonder if Sullivan even read the DOJ filing for dismissal. It was very well written, with excellent citations of the Law.
It feels like Sullivan is just stalling.
And numbnuts Sullivan is so naive to think that no one else, ever in his whole 26 years on the bench, had cut a plea deal with the Feds, even though they weren't guilty of what they were accused of doing, especially of a process crime, just so they could get the nightmare over, and keep their family from being harassed? He knows that crap goes on all the time. This wasn't his first rodeo. He knows who the dirty attorneys are, like Weissman and others who have been in his courtroom on previous cases. He knew what the deal with Flynn was from the get-go, and he let it go on right in his courtroom. I hope the bastard is taken out by the Trump Curse. The sooner the better.
IANAL, just a humble student of the English language. As such, I would say that the "how" in "how do you plead" refers to a manner, an approach; whereas any statement or testimony offered as truth to the court would be "what" one pleads, and that isn't the question they ask. It's a formality.
But even that aside, if Flynn's plea is perjury, all plea bargaining is out the window, illegal, institutionalized criminality -- and certainly no bargain.
47 has it right. The judge set up an insurance plan. But Flynn can just say he believed the FBI when they said he lied. But then found out that the FBI was lying about him lying.