Current situation is that there is an order to Sullivan to dismiss. I have no further interest in churning what the appeals court will do until they take up the case.
For others, I will offer into the discussion the following:
One of the things that gets under-discussed is that the Court acknowledged that the brief and arguments presented by the DOJ included a substantive presentation of newly discovered evidence that was exculpatory for flynn and which seriously undermined the government's case but was not available at the time Flynn was charged because it had been withheld from the court and the defendant.
The lefty media and Sullivan and the leftytards here like to spin a scenario where the only thing that is new and different is that Barr has come along and just decided he wanted to drop the case. Not so, Barr appointed an special counsel just to review the government's handling of the Flynn case and to report back. The special counsel did that and reported that the government had lied to the court and lied to the defendant when it said that the investigators had 302's saying that they thought that Flynn lied. Further, the special counsel identified all sorts of documents that should have been released to the court when Sullivan ordered the DOJ to turn over all excupatory info. So Barr released all of that. So the appeals court is looking at a case where the government has clearly addressed the issue of "what's new and different such that you want to drop the case." As I said the appeals panel acknwledged that Barr had included such info in his filing. So the appeals court is in a position where it sees the government trying to drop a case based on a finding of misconduct on the part of its own prosecutors, and a judge who apparently has a boner to still prosecute Flynn when in fact he should be outraged at the original DOJ prosecutors who failed to provide exculpatory evidence when he provided made a specific order- twice- to do that. But no, Judge Asshole is okay with that instead of being outraged because he is rooting for Flynn to be sentenced.
Take home message: Don't be surprised if the full appeals court hears it that they are outraged by the conduct of both the original doj prosecutors and Judge Asshole. This case should have been dismissed long ago. Not saying that the full court will hear it. They may not have any interest in even touching it and they know that the Supreme Court has already ruled in this area and they do not like shady prosecutors or shady district judges.
