Judge Sullivan is holding back, has not dismissed case yet,

[sunonmars]

Link to tweet

Judge Sullivan just put all deadlines in Flynn case on hold, BUT hasn't dismissed case outright yet. May be waiting to see if there's more action from DC Circuit.

Suspect, may take to full court vote.

[Budi]

1. Judge Sullivan's strategy

This is an interesting move & I do not doubt one bit, that Judge Sullivan will utilize every legal tool there exists.

One to watch...

[Owl]

2. Good!

[NCjack]

3. It's not over. Sweat, Russia Boy, sweat. GD traitor.

[soothsayer]

4. Interesting

[FBaggins]

5. It's possible that he's considering an appeal...

... or hoping for one of the other DC circuit judges to ask for the full circuit to consider the ruling...

... but my guess is that he wants to word the dismissal in a biting way and that will take a little time.

He could probably win an en-banc appeal, but would probably get reversed again if he did anything other than dismiss the case after the hearing. So anything beyond this would be just to mess with the administration (not that it might not be worth it).

[R B Garr]

7. Great info! Thanks. nt

[Takket]

6. have to think Sullivan or Wilkins (the dissenter) takes this to the full panel

There are 11 judges on this court. 7 were appointed by Obama/Clinton. 2 drumpf, 1 by each Bush. So you have a court that is 64% blue but 2 of the three red judges rules on this.

I would be STUNNED if this wasn't overturned 7-4, at least.

[gulliver]

8. The question I have is whether Flynn can then be retried later for the crime.

Seems like his confession in his guilty plea would be pretty strong evidence for prosecutors in a future Justice Department. Then no-longer-president Trump would be in no position to pardon Flynn, so Flynn could cut a deal to testify against Trump or Pence. I can dream can't I?

[crickets]

10. He wasn't charged for everything at once.

Double jeopardy might get him off for these charges, but there are more that could be applied. He's not off the hook yet.

[Solomon]

9. Go Judge Sullivan!