Thanks for the link to the opinion. It is a long read, but well worth the time. Judge Rao’s majority opinion is a major slapdown of everything that the Coup d’Etat cabal and their allies in the bar and the judiciary attempted to do here. Thank God for Sydney Powell and her hard work.
In his opinion, Judge Rao cites Fokker and points out the clear limitations in Rule 48 for the application of the “leave of the court” clause. It is there for the sole reason to protect defendants from prosecutorial harassment. Prosecutorial and Judiciary harassment was exactly what was going on before Attorney General Barr and Sydnel Powell weighed in on this travesty. The opinion is quite damning to what the Obama Administration tried to do.
I agree. The majority opinion shows just how far outside of the existing case law the position of Judge Sullivan and his amicus were. Their decide to include the sentence vacating the order appointing the amicus makes that point very clearly.
The opinion is quite damning to what the Obama Administration tried to do.
Obama admin? Flynn was prosecuted during the Trump admin.