Thursday, July 30, 2020
VC readers will recall that a Government motion to dismiss is pending before Judge Sullivan in the District Court—and Judge Sullivan has asked for amicus briefing before making a ruling on the motion. Flynn's attorneys sought a writ of mandamus from the D.C. Circuit, which would have compelled to Judge Sullivan to enter an immediate dismissal. In my previous posts about the case, I argued that close scrutiny of the Government's motion to dismiss was unwarranted but that, nonetheless, the issue of considering the motion was one for the District Court–not the Court of Appeals. I thought that the 2-1 panel decision ordering Judge Sullivan to promptly dismiss the case was "dubious" and that it wouldn't be surprising to see rehearing en banc.