The Justice Department’s move to drop the case against Flynn had to be approved by a judge. Tonight, that judge, Emmet G. Sullivan, moved… sideways. It was a really interesting move. Rather than deciding the issue at hand, the U.S. District Judge, who is known as a stickler for institutions, said he would receive briefs from interested third parties to offer opinions about the case. This means that the 2000 former Department of Justice employees (of both parties) who demanded Barr’s resignation over the Flynn case can now be heard. It will invite public scrutiny of the case, and means the case will not get swept under the rug.
Flynn’s lawyers instantly cried foul. Not only do they not want more attention to the facts of the case, but also it is possible that Sullivan’s order will permit him to require both sides to revisit the case, producing evidence and calling witnesses. Rather than enabling Trump to turn the tables on the original Russia investigation and invert it so that it serves his purposes, Sullivan’s move could remind people that there was a reason for the Russia investigation in the first place and rehash some of the stories of the Trump campaign’s contacts with Russian operatives.
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