Beth Wilkinson surely knows that the DC Circuit would have no lawful basis to order the DC District Court (Sullivan, J.) to rubber-stamp the Rule 48a motion to dismiss the Flynn prosecution without any further inquiry whatsoever.

A writ of mandamus, as the great Chief Justice John Marshall wrote in Marbury v. Madison, is available only to order the performance of a ministerial, non-discretionary act.

As explained fully in the bipartisan amicus brief that @gtconway3d and @thetrevorpotter and over a dozen other separation of powers experts filed in the district court, Judge Sullivan at the very least has discretion to look into the legality and propriety of Barr’s about-face.