Our Company lawyer thinks Sullivan will declare a mis-trial to force the Flynn team to jump through more hoops. One of the talk shows said yesterday that this could be going until the end of the year.
The goal is to keep it going. An appeal to the full court and then, if necessary, appeal to Supreme Court takes us into the middle of next year.
I don’t think he can declare a mistrial because DOJ wants it dismissed with prejudice. Anyway, a mistrial gets Sullivan off the case and they have to start all over again.
“Our Company lawyer thinks Sullivan will declare a mis-trial to force the Flynn team to jump through more hoops. One of the talk shows said yesterday that this could be going until the end of the year.”
The DOJ should then indicate that they would be no retrial of the case the case, announce that Flynn is completely innocent, and instead proceed to prosecution of those who suppressed evidence and perjured themselves at any point in the conduct of this case.
If Sullivan declares a mistrial, wouldn’t he be openly defying the Appeals Court which ordered him to dismiss? What does your company attorney say about that?
I am not a lawyer, nor do I play one on TV, but declaring a mistrial would have the same practical effect as dismissing the charges. Since the DOJ would be required to refile the charges after a mistrial only if they wanted to retry the case (and they are not going to do that), it would be over. I guess that could be a way to avoid dismissing the charges, but then Sullivan would be in contempt of court, considering he was ORDERED to dismiss the charges by a higher court.