Flynn: What Will Judge Sullivan Do?

https://www.law.com/newyorklawjournal/2020/05/11/flynn-what-will-judge-sullivan-do/?slreturn=20200412084852#

 

On May 8, The New York Times headline read “U.S. Drops Michael Flynn Case … .” I suppose that’s technically true. The article didn’t say that the Flynn case was dismissed. Indeed, it hasn’t been. The Justice Department clearly has no authority to dismiss a pending criminal case—particularly after a guilty plea has been entered by the defendant. All it can do is “ask” the court to dismiss the case. Given who the judge is, the Justice Department can’t be too certain of the outcome or what will happen along the way, and probably won’t be sleeping easily while awaiting the judge’s decision.