Continuing (as is my wont) to scatter the Flynn court debacle over as many posts as possible

The Department of Justice's motion to dismiss Flynn's case is an extremely well written defense argument that would absolutely fail if made by the defense, and will be quoted extensively (to no avail) in future 1001 prosecutions. It's transparently corrupt.

— LightOfDayHat (@Popehat) May 7, 2020

Here, at least, is an on-line legal opinion I respect:

I try to predict what federal judges will do as little as possible, but I will not be in the least surprised if Judge Sullivan calls a hearing on this motion to dismiss and rakes the DoJ lawyers over the coals.

— LightOfDayHat (@Popehat) May 7, 2020

From what I remember of Federal judges (in memory green even though it's been almost 40 years gone now), I'm quite sure of this.

And this answers one of my questions (also explains why the DOJ is writing briefs and preparing filings for motions):

Under Rule 48(a) of the Federal Rules of Criminal Procedure, a government motion to dismiss an indictment—even after a guilty plea—requires “leave of court.”https://t.co/V9V6GxHZ9f

That leave may well be forthcoming, but it’s up to Judge Sullivan, not DOJ—and is not automatic. pic.twitter.com/rTZwShgIpT

— Steve Vladeck (@steve_vladeck) May 7, 2020

Which seems to support my theory that Flynn is awaiting sentencing at this point.  If the Judge won't agree with the DOJ's motion to drop charges, Trump will pardon him after sentencing, and blame the Judge.

Which is fine with me (I don't care if Flynn is in jail or not), but we really need to change that pardon provision in Art. II.

More problems for the DOJ, as Twitter catches up:

Unless DOJ is suddenly turning a pretty sharp corner in its handling of white-collar cases, a lot of the argument in its motion to dismiss the case against Mike Flynn seems like a just-for-him departure from the usual way of doing things. pic.twitter.com/NjsEef8HiZ

— Brad Heath (@bradheath) May 7, 2020

That is not going to impress the judge with the wisdom of this request.

When Barr anticipated that Trump was planning to pardon Roger Stone, he stepped in to alter the sentencing recommendation. Now with Trump all but promising to pardon Flynn, Barr is stepping in again to spare Trump the trouble.

— Susan Hennessey (@Susan_Hennessey) May 7, 2020

Which raises an interesting question:  why isn't Trump just pardoning people left and right?  Could it be he knows it won't play that well even with all of his base?