I can& #39;t imagine Sullivan will ultimately decide to proceed with Flynn& #39;s conviction and sentencing, but he& #39;s sure as heck going to put AG Barr& #39;s new legal theory to the test before he lets this go.
Keep in mind the system is intended to be adversarial, but this isn& #39;t unprecedented. The courts at all levels have often appointed amicus to represent the interests of the U.S. when the U.S. declines to defend itself.
The retired judge appointed as amicus to argue against DOJ& #39;s motion to dismiss the charges against Flynn co-wrote this op-ed about the Flynn prosecution on Monday:
"The Flynn case isn’t over until the judge says it’s over." https://www.washingtonpost.com/opinions/2020/05/11/flynn-case-isnt-over-until-judge-says-its-over/">https://www.washingtonpost.com/opinions/...
"The Flynn case isn’t over until the judge says it’s over." https://www.washingtonpost.com/opinions/2020/05/11/flynn-case-isnt-over-until-judge-says-its-over/">https://www.washingtonpost.com/opinions/...