https://www.politico.com/news/2020/06/01/judge-questions-unusual-justice-department-filing-in-flynn-case-294330
The DOJ
lawyers unveiled a muscular argument in favor of virtually unbridled
executive branch discretion in criminal charging decisions. They argued
that Sullivan had no business standing in the way of a dismissal favored
by both the government and a defendant.
The
Justice Department’s new filing represented a major coup for Flynn’s
defense. Indeed, in one respect the government went even further than
the retired general’s attorneys did: It essentially asked the appeals
court to foreclose Sullivan or any other judge from launching contempt
proceedings against Flynn over seemingly contradictory statements he
made under oath when affirming his plea and later withdrawing it.