Flynn -- not so fast. Dismissal is "up to Judge Sullivan, not DOJ--and is not automatic."

[mahatmakanejeeves]

LightOfDayHat Retweeted

Under Rule 48(a) of the Federal Rules of Criminal Procedure, a government motion to dismiss an indictment—even after a guilty plea—requires “leave of court.”

https://law.cornell.edu/rules/frcrmp/rule_48

That leave may well be forthcoming, but it’s up to Judge Sullivan, not DOJ—and is not automatic.

Link to tweet

Does this mean the judge has to approve the withdrawal of charges?

Link to tweet

Yes!

Link to tweet

[Leghorn21]

1. Judge Sullivan, December 2018

“Michael Flynn sentencing delayed as judge tells ex-Trump official: ‘You sold your country out’”

https://www.cnbc.com/2018/12/18/judge-tells-michael-flynn-you-sold-your-country-out-at-hearing.html

[empedocles]

5. The link suggests that Judge Sullivan may not be inclined to roll over.

[OhNo-Really]

9. Judge smudge. Pffffftt. Barr's respect for law is Purely partisan

[jimfields33]

2. Everybody knows that including msnbc

They were just talking about that.

[Gothmog]

3. I hope that the judge does the right thing

[Newest Reality]

4. What a pathetic indictment, huh?

These days, we have to "hope the judge does the right thing".

While there are corrupt judges and biased rulings, now justice is becoming something to wish for.

That's a sign of a breakdown in the justice system overall and breeds a lack of faith in it, to boot. Both are toxic to a democracy.

I'm not being idealistic, but I even find the notion of a partisan judge to be difficult to accept.

[Celerity]

6. here is the specific change that makes a nolle prosequi filing dependent on 'leave of the court'

nolle pros. before this rule change, did not require leave

Note to Subdivision (a). 1. The first sentence of this rule will change existing law. The common-law rule that the public prosecutor may enter a nolle prosequi in his discretion, without any action by the court, prevails in the Federal courts, Confiscation Cases, 7 Wall. 454, 457; United States v. Woody, 2 F.2d 262 (D.Mont.). This provision will permit the filing of a nolle prosequi only by leave of court. This is similar to the rule now prevailing in many States. A.L.I. Code of Criminal Procedure, Commentaries, pp. 895–897.

[standingtall]

7. This move smells like the pretext Trump will use to pardon Flynn

nt

[empedocles]

10. In the cited link above, there is a clue why trump may push hard to pardon.

In the link above, the possibly, powerfully trump epidemic word, TREASON, is used, [though not argued]. The treason threat would rip through the right wing like . . .

[Note that Manafort, et al hoping for pardons have not received them]

[Takket]

8. I would be STUNNED if a judge resisted a call to dismiss from prosecutors.

[Solomon]

13. I wouldn't. I know Judge Sullivan personally. If he agrees to

this it will be because there's a sound basis in law and facts.

Having said that, I hope like hell he doesn't let this bullshit pass.

I wouldn't be surprised if they try to switch judges in the matter.

[vsrazdem]

11. Even if the judge refuses, Trump will have his excuse to pardon, so Flynn is free anyway.

[Gothmog]

12. Judge Sullivan May hold hearings on this motion

Link to tweet