As overdiscussed at length, Judge Butthurt can take the long way around or could have ended it efficiently -either way, the outcome will be the same. If the DOJ does not want to prosecute the case, he cannot order it.
Sullivan may win on the narrow issue of whether a judge is entitled to make a final ruling and then the defendant can appeal that (versus running up to appeals court for a mandamus to dismiss), and that is fine. If he wants to pretend that he was going to dismiss it anyway to save face, go for it. Other than the fact that it just drags the case out longer and longer I don't think Barr objects to that. It was Flynn's lawyer that took it up to the appeals court- not the DOJ- but the DOJ had to make their case when the appeals court panel decided to hear it. I think Barr fully expected to just let Judge Butthurt either dismiss it or if he didn't they would appeal in the normal manner.
Have your little fun Judge Asshole. You know and we know that it will be dismissed at the end of the process however long that is. Asshole incarnate.
Maybe the lefties here can bring their old buddy Abdul El Tony back when the case is ultimately dismissed just so that I can discuss it then.
Appeals court will reconsider order to dismiss criminal case of former Trump aide Michael Flynn
https://www.cnbc.com/2020/07/30/mic...ill-reconsider-case-of-former-trump-aide.html