The US files its Brief in the Flynn appeal.
It’s signed by some heavy hitters – including IG Noel Francisco.
“This Court should issue a writ of mandamus compelling dismissal.”
The Constitutional power to prosecute belongs to the Executive.
The Federal Rules, “read against the backdrop of that constitutional principle, required the district court to grant the US motion to dismiss the indictment because that motion was unopposed.”
Strong words on Sullivan’s plan:
Sullivan and his amicus “may not conduct evidentiary proceedings based on speculation about the government’s motives.”
Sullivan plans to subject the DOJ decision to “extensive judicial inquiry, scrutiny, oversight and involvement.”
Under Supreme Court and DC Circuit precedents, “it is clear and indisputable that [Sullivan] has no authority to embark on that course.”
SG Noel Francisco
This is a remarkable read. It lays waste to various amici arguments that misconstrued Sullivan’s authority.