Based on the Fokker precedent Judge Sullivan has no legal right to refuse to dismiss the case when the prosecution wants to dismiss the case
Posted on | May 14, 2020 | No Comments
Under the Fokker Case that just came out 2 years ago, the DC Circuit which governs Judge Sullivan made it very clear if the government wants to dismiss a case you cannot, the District Court cannot refuse to do so because he doesn’t like the government’s theory. Because he thinks the government should continue the case. And it doesn’t matter if the defendant has pled or not.
DC Circuit’s prior decision on Fokker case PROHIBITS Judge Sullivan to refuse to dismiss the case after prosecution stated that they want to dismiss.
I believe there will be a writ of mandate to the DC circuit. It is absolutely shocking, the level of bias against Flynn in unprecedented. Judge Sullivan read an article about Flynn’s case by Gleason. Gleason is clearly biased against Flynn. Gleason has zero standing to be in the case at all, to argue anything at all, and Sullivan bringing him in the case shows an unprecedented level of bias against the defendant by a judge. This is the same judge who previously baselessly accused Flyn of treason, but later retracted his statement after an outcry.
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