I have posted on this issue before and have received some derision from FR. I am not surprised by this ruling. I stated that there are procedural issues that probably won’t allow for Mandamus. Most people here are most upset for Flynn, hoping for an immediate dismissal, but this is a two-way street here. There are many issues.
Now, maybe, just maybe Sullivan will honor the dismissal but he hasn’t had the procedural chance or opportunity yet. I doubt this option.
Flynn has twice, under oath, pleaded guilty. As part of that plea he was asked, under oath, if his plea was voluntary or coerced. It is difficult under ANY circumstances to reverse a guilty plea. Flynn was told that by the lawyers and judges of his case - pre Sullivan and pre Powell. The now claim of coercion complicates things.
The Gov also appears to have acted in bad faith, if not outright deception by not providing Flynn with necessary information. This is fraud and illegal. It is referred to as Brady materiel.
An argument can be made that the judge, Sullivan, should have the ability to find out if a party has lied (plea) or committed fraud/Brady (gov.) At the very least we know some very unusual things have happened in this case.
Courts of Appeals may find other compelling reasons to keep the case open or still dismiss it based on Sullivan’s actions. The legal process is exceedingly slow.
Pleas, prior to the ultimate judgment, are frequently withdrawn. They can even be withdrawn after judgment under certain circumstances including coercion.
In this case, the DOJ reviewed the entire case and determined that the DOJ prosecutors had made errors and committed misconduct. That's why they requested a dismissal. At that point, the case ends because both sides agree. There is no controversy, and therefore no case. The DOJ has the Constitutional authority to do that. What Judge Sullivan did is not Constitution as he has usurped the powers of the Executive. Sullivan and the Court of Appeals are out of bounds, but the Court are also serving as the referees.
“Flynn has twice, under oath, pleaded guilty. As part of that plea he was asked, under oath, if his plea was voluntary or coerced”
Now evidence has come out that he was blackmailed and they threatened his son with a frame up also. All that other stuff is out the window. It is legally like he was suddenly presented evidence that his child was being held somewhere with a gun to his head. (basically he was)
This is not legal or justified. It is the behavior of a mafia.
That is a valid, objective viewpoint. It is possible to speculate that Sullivan was predisposed to assuming or otherwise had reason to believe President Trump was involved, that the FBI does his "bidding" and as such that Trump corrupted Sullivan's court.
Accordingly, Flynn now has the burden of introducing the basis for any coerced plea and admission. Now is the time for, among other things, the consideration of direct evidence of coercion, the exculpatory evidence withheld and any direct or implied threats to members of his family.
This ought to be an easy exercise for Sidney Powell. In fact, the D.C. Dems might start to get more than they wished, in which event Sullivan will likely promptly dismiss the case.
And, following the expected exoneration and perhaps years of civil litigation, everyone should be at least close to being made fully whole again.
“...Now, maybe, just maybe Sullivan will honor the dismissal but he hasn’t had the procedural chance or opportunity yet. I doubt this option....”
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Oh, puhleeese... using the word “honor” in the same sentence with Clinton appointee Emmet Sullivan’s name is a travesty. He’s a CORRUPT AGENDANISTA who has had plenty of time to handle the dismissal. He’s INTENTIONALLY taking his sweet time to drag it out as long as possible FOR POLITICAL PURPOSES.